Common use of Layoffs Clause in Contracts

Layoffs. Section 1. All employees will be laid off in line of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 14 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Layoffs. Section SECTION 1. All Whenever a reduction in work force becomes necessary, layoffs shall be made on the basis of seniority with the Sheriff's Office. The employee lowest on the seniority list shall be the first laid off and the last to be recalled. The F.O.P. shall be notified in advance of any anticipated lay-off to allow the F.O.P. to work closely with the County and/or Sheriff’s Office to correctly align the determining conditions of the lay-off. SECTION 2. If employees will are to be laid off, a fourteen (14) day written notice shall be given prior to the date when their services shall no longer be required. SECTION 3. No full-time employee shall be laid off from any classification while there are probationary, part-time or temporary employees working in the same classification. SECTION 4. In the event that an employee becomes subject to lay-off in his/her particular classification, and is qualified to perform duties in a lower classification, he/she shall be permitted to take a position in the next lower classification at the lower classification's rate of pay and any employees in the lower classification subject to lay-off by virtue of the provisions of this Section, shall be laid off in line accordance with the provisions of least seniority Section 1 hereof. SECTION 5. In the event that an employee becomes subject to lay-off in his/her particular classification and hired a vacancy exists in a position of lower classification for which he/she is qualified, he/she may, with the approval of the Sheriff, or his/her designated representative, be appointed to such position in a lower classification on the basis of his/her seniority. SECTION 6. The names of regular employees who have been laid off shall be placed on a lay-off list maintained by the Sheriff. The Sheriff shall rehire in the reverse orderorder of the lay-off, provided such employees are otherwise qualified to perform the duties of the position. No employee new employees will be hired by the City Sheriff as long as there are employees laid off who have seniority. If employees seniority who are to be laid off, a thirty (30) calendar day written notice shall be given to immediately capable of performing all of the affected employee and essential functions of the Union prior to the date that the services of that employee shall no longer be requiredposition. Section 2SECTION 7. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, Where an employee takes has accepted a position in a lower classification in accordance with Section 2 and 3 by virtue of Sections 4 or 5 hereof, and a reduction in force becomes necessary in such lower classification, such employee he/she shall be credited with seniority earned recalled to his/her former position when the same becomes available in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityreduction. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1. All 30.1 In the event of a layoff all part-time employees will be laid off in line of least seniority and hired in reverse order. No employee will be hired by the City as long as there are before any full-time employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off. Prior to effecting layoffs of full time staff, occupy vacant positions the Authority will present an outline of such lower classificationsits layoff plans at a meeting with Local 416, and will provide Local 416 with the opportunity to present, within five (5) working days of the meeting, comments or may displace employees who hold positions suggestions concerning the outline. The Authority shall consider Local 416’s comments or suggestions, and shall announce to Local 416 its conclusions with respect to the layoff plans as soon as possible after the review period. Should it become necessary to layoff a full-time employee, the Authority will layoff three students for each full-time employee laid-off. It is also understood and agreed that for each full-time employee recalled the student complement will be increased by three students. In the event of such lower classifications. Section a layoff of full time employees, the Authority will generate for the purposes of the layoff, a seniority list of all Attendant and Maintenance Grade 3. An Based on the list, the last employee who voluntarily requests demotion or another position in order to remain hired shall be the first laid off on condition that, in the classified service following a reduction in force shall be placed at a rate determination of the new classification pay range which ensures Authority, the remaining employees are qualified and presently able to perform the work of those laid off. In exercising of this right, management will not act in an arbitrary, discriminatory or act of bad faith. It is understood and agreed that as a five percent (5%) reduction in salaryresult of the application of this seniority and the possible movement of an employee into a higher classification, unless a larger reduction is necessary for that the officer employee will not be entitled to be placed receive the wages or seniority in the highest step higher classification. The seniority would continue as if the employee were in the lower original job classification. Section 4. Where, by virtue In the event of a reduction of recall, the workforce, an last employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force will be the first rehired and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, recalled employees will be recalled in reverse order return to their classification at the time of layoff. Notice Those employees who had moved into a higher classification will return to their previous classification at the time of recall the layoff. Students shall be sent to regularly employed for not more than twenty-four (24) hours/week except during May, June, July, August and September and the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the CityChristmas and Easter school break. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoffs. Section 1A. A layoff is defined as a staff reduction because of position elimination or long-term reduction in hours, or unit closure. B. In the event of a layoff, the Medical Center will give employees in the affected job classification the opportunity to be voluntarily laid off. All The Medical Center will notify the affected employees and the Union four (4) weeks in advance of a layoff. Thereafter, the employee with the least seniority among the employees in the same job classification on the shift in the department affected will be displaced from their position. However, a more senior employee on the affected shift may be displaced out of seniority if they are not qualified to perform the work after the layoff or does not possess special skills required for the position which are possessed by a less senior employee(s). In either situation, the displaced employee will then take the position of the least senior regularly scheduled employee on another shift, in the same job classification, and in a position that is within .3 FTE of the employee’s then-current FTE provided they are qualified to perform the work of that position (the employee whose position is thus taken will become the displaced employee). After such position movement, the remaining displaced employee will be laid off in line of least seniority and hired in reverse order. No employee from work. C. Employees will be hired by paid severance in accordance with the City Medical Center’s policy regarding Severance Pay, as long such policy is currently in effect and as there are employees laid off who have seniority. If it may be amended from time to time in the Medical Center’s discretion provided, however, that the Medical Center will not amend the Severance Pay policy to provide less than seven days’ (pro rata for part-time) severance for regular employees. D. At the time employees are given notice that they will be laid off, the Medical Center will give the Union a list of the employees to be laid off, a thirty seniority roster and a list of vacant positions within the bargaining unit (30) calendar day written notice shall be given to the affected employee which will include department and the Union prior to the date that the services of that employee shall no longer be requiredunit, FTE, and shift). Section 2. Employees who are subject E. Recall from layoff to layoff available bargaining unit work will be in the order of laid off employees’ seniority and within their classification and who are the laid off employee’s job classification, provided the employee to be recalled is qualified to perform duties the work of the next lower classification in declining sequence, may, in order at recall position. Rights under this paragraph continue until the sooner of (a) twelve (12) months from the date of displacement; or (b) the employee rejects an offer of a position for which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsqualified. Section 3. (i) An employee who voluntarily requests demotion or another position in order to remain in may designate shift availability at the classified service following a reduction in force shall be placed at a rate time of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary layoff for the officer to Recall List, in which case they will be placed in called only for positions within the highest step in the lower classificationemployee’s prior classification and preferred shift. Section 4. Where, by virtue (ii) The Medical Center will notify the employee of a reduction of position to which the workforce, an employee takes a may be recalled by registered mail. The employee must accept or reject the position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5within five calendar days from the date the letter is mailed by the Medical Center. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, If the Medical Center receives no response to the extent possible for purposes of all rights and benefitsletter, the employee will be deemed to have been rejected the position. The Medical Center will make a good faith reasonable effort to identify on leave without paythe website those jobs available to employees on layoff. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1. All employees will (a) When it becomes necessary to reduce the working force, the last employee hired on the affected classification seniority list shall be laid off first, unless CDL qualifications are necessary. The affected regular employee may bump the most junior employee in line another job classification provided the bumping employee is qualified to do the job. The bumping employee goes to the bottom of least the new job classification seniority list. If the employee exercises the right to bump and hired in reverse orderreceives a recall notice, the employee must return to the position from which he/she was laid off. No employee Company benefits will be provided in accordance with the terms of the applicable SPD. 1. It is the parties’ intent that the phrase “…last employee hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to on the affected employee and the Union prior classification seniority list…” is a reference to the date that an individual became a full-time employee with the services of that Employer, not the date the employee shall no longer entered the job classification in which the layoff may be requiredoccurring. Section 2. Employees who have voluntarily transferred from one (1) terminal to another, their transfer date will be their seniority date for bidding and lay-off purposes. The employee shall endtail on the new seniority list, and shall maintain pre- transfer seniority for the purpose of determining benefits. An employee on layoff will be offered work in any or all classifications (road, city, or dock) at his/her domicile ahead of any casual or probationary employees, provided he/she is available and qualified. The Employer shall notify the xxxxxxx in advance of layoff or recall. (b) An employee shall be entitled to a notice of layoff from the Company if they are subject to layoff within the daily elimination of their classification and who are qualified to perform duties job under paragraphs (c) or (d) below for a period of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3least two (2) consecutive weeks. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force The notice shall be placed at a rate of provided to the new classification pay range which ensures a five percent (5%) reduction in salaryemployee and the Local Union, unless a larger reduction upon request. If such notice is necessary for provided, the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classificationconsidered laid off and have the right to exercise the privileges of the first paragraph of this Section. Section 5. Any employee who (c) If a road driver’s run is laid off due to a reduction in work force and thereaftercut for the day, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees road driver will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up (1) holding until his/her next bid, (2) dovetailing into the extra board or (3) working ahead of a casual employee. Option (2) and (3) will only be available to the driver if he/she will be able to meet their next bid start time. Road drivers called in will be given two (2) hours to report to work, except for late call-offs from drivers on scheduled bid runs, or if service requires the load to be moved in less than two (2) hours. (d) If a P&D driver’s run is cut for the day, the P&D driver will have the option of (1) taking the day off pursuant to (e) below, or (2) displacing the junior P&D driver who starts at the same time or after them, if any. The displaced P&D driver may work ahead of a casual employee for available hours, provided the driver will be able to meet their former next bid start time. At any time the Company combines two (2) or more runs in the effort of cutting a bid for the day the most senior of the affected bid holders shall have the choice to run the combined bid or pass, provided their start times allow. The employee who does not run this combined route shall be allowed to exercise his/her right as provided in the above paragraph. (e) When more than one employee within a job classification with no loss of requests a day off, the Company will offer any available time off in seniority in that classification. This option shallorder.

Appears in 4 contracts

Samples: National Master Ups Freight Agreement, National Master Ups Freight Agreement, National Master Ups Freight Agreement

Layoffs. Section SECTION 1. All Whenever a reduction in work force becomes necessary, layoffs shall be made on the basis of classification seniority. The employee lowest on the classification seniority list shall be the first laid off and the last to be recalled. The F.O.P. shall be notified in advance of any anticipated layoff to allow the F.O.P. to work closely with the County and/or the Department Head to correctly align the determining conditions of the layoff. SECTION 2. If employees will are to be laid off, a fourteen (14) day written notice shall be given prior to the date when their services shall no longer be required. SECTION 3. No full-time employee shall be laid off from any classification while there are provisional, probationary, part-time, or seasonal employees working in line the same classification. SECTION 4. In the event that an employee becomes subject to layoff in his/her particular classification, and is qualified to perform duties in a lower classification, he/she shall be permitted to take a position in the next lower classification at that classification's rate of least seniority pay that is closest to the employee’s current rate of pay. In such event, the junior employee in the lower classification is subject to layoff. SECTION 5. In the event that an employee becomes subject to layoff in his/her particular classification and hired a vacancy exists in a position of lower classification for which he/she is qualified, he/she may, with the approval of the Department Head, be appointed to such position in a lower classification on the basis of his/her seniority. SECTION 6. The names of employees who have been laid off shall be placed on a layoff list maintained by the Communications Department for a period not to exceed one year. The Communications Department shall recall in the reverse orderorder of the layoff, provided such employees are otherwise qualified and immediately capable of performing all of the essential functions of the position. No employee new employees will be hired by the City Communications Department as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties immediately capable of performing all of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions essential functions of such lower classifications, or may displace employees who hold positions of such lower classificationsthe position. Section 3SECTION 7. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, Where an employee takes has accepted a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period by virtue of four Sections Four (4) yearsor Five (5) hereof, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will he/she shall be recalled to his/her former position when the same becomes available in the reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityreduction. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. For purposes of this section qualified shall mean an employee who has successfully performed a work assignment of at least six months duration who possess the skill, ability, and qualifications to perform the remaining work available to him/her as bumping rights may allow, without more than twenty (20) working days of further training. A. If it becomes necessary for a layoff, the following procedure shall apply for all employees hired prior to 01/24/2017 as outlined in Article 18 Section 1. All employees will : The least senior employee in the affected classification and department shall be laid off in line of least seniority and hired in reverse orderfirst. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are Employees to be laid off for an indefinite period will have at least two (2) calendar weeks’ notice. A senior employee may "bump" the least senior employee in any classification that is equivalent to or less than the employee’s current classification, provided he/she is qualified to do the job. An employee may only "bump" laterally or downward. B. If it becomes necessary for a layoff, the following procedure shall apply for all employees hired following 01/24/2017 as outlined in Article 18 Section 1: The least senior employee in the affected classification and department shall be laid off first. Employees to be laid off for an indefinite period will have at least two (2) calendar weeks’ notice. A senior employee may “bump” the least senior employee in any classification within the department that is equivalent to or less than the employee’s current classification, provided he/she is qualified to do the job. An employee may only “bump” laterally or downward. This provision will terminate on December 31, 2022, unless otherwise negotiated. C. Employees laid off shall be reinstated to the position from which they have been laid off, a thirty (30) calendar day written notice shall and may be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification considered for vacant positions in declining sequence, may, in order at which they are qualified as such positions become available. The order of reinstatement shall be in the inverse order in which such qualified employees were laid off. When laid off, occupy vacant positions an employee shall file with the Human Resource Office, the name and address to which any notice of such lower classifications, reinstatement or may displace employees who hold positions availability of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4mailed. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee It shall be credited with seniority earned in his classification. Section 5. Any the responsibility of any employee who is laid off due to a reduction in work force and thereafter, within a period provide for forwarding of four (4) years, reinstated to City service, shall, to the extent possible for purposes mail or address changes. Mailing by certified mail any notice of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order reinstatement or availability of layoff. Notice of recall shall be sent position to the employee at the last known address by registered or certified mailshall be sufficient. Failure of a notice to reach an employee shall not be the responsibility of the Employer if such notice has been mailed as provided herein. If an a position becomes available, the Employer shall simultaneously mail notice of the availability of position and seniority ranking to all qualified employees on layoff. Such employees shall have fourteen (14) days from the receipt of such mailing to indicate to the Human Resource Representative their willingness to accept re-employment. The most senior of said employees to reply affirmatively shall be reinstated. Failure to reply within such fourteen (14) day period shall constitute a waiver on the part of such employee fails to report for work within thirty further rights of employment or reinstatement, and shall forfeit any future reinstatement or employment rights. Regardless of any other provision of the agreement, reinstatement rights shall automatically cease eighteen (3018) calendar days of months from the date of mailing of the recall notice, he layoff and no further rights to reinstatement shall be considered to have voluntarily terminated with the Cityexist. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1. All employees will (a) When it becomes necessary to reduce the working force, the last employee hired on the affected classification seniority list shall be laid off first, unless CDL qualifications are necessary. The affected regular employee may bump the most junior employee in line another job classification provided the bumping employee is qualified to do the job. The bumping employee goes to the bottom of least the new job classification seniority list. If the employee exercises the right to bump and hired in reverse orderreceives a recall notice, the employee must return to the position from which he/she was laid off. No employee Company benefits will be provided in accordance with the terms of the applicable SPD. 1. It is the parties’ intent that the phrase “…last employee hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to on the affected employee and the Union prior classification seniority list…” is a reference to the date that an individual became a full-time employee with the services of that Employer, not the date the employee shall no longer entered the job classification in which the layoff may be requiredoccurring. Section 2. Employees who have voluntarily transferred from one (1) terminal to another, their transfer date will be their seniority date for bidding and lay-off purposes. The employee shall end-tail on the new seniority list, and shall maintain pre-transfer seniority for the purpose of determining benefits. An employee on layoff will be offered work in any or all classifications (road, city, or dock) at his/her domicile ahead of any casual or probationary employees, provided he/she is available and qualified. The Employer shall notify the xxxxxxx in advance of layoff or recall. (b) An employee shall be entitled to a notice of layoff from the Company if they are subject to layoff within the daily elimination of their classification and who are qualified to perform duties job under paragraphs (c) or (d) below for a period of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3least two (2) consecutive weeks. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force The notice shall be placed at a rate of provided to the new classification pay range which ensures a five percent (5%) reduction in salaryemployee and the Local Union, unless a larger reduction upon request. If such notice is necessary for provided, the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classificationconsidered laid off and have the right to exercise the privileges of the first paragraph of this Section. Section 5. Any employee who (c) If a road driver’s run is laid off due to a reduction in work force and thereaftercut for the day, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees road driver will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up (1) holding until his/her next bid, (2) dovetailing into the extra board or (3) working ahead of a casual employee. Option (2) and (3) will only be available to the driver if he/she will be able to meet their next bid start time. Road drivers called in will be given two (2) hours to report to work, except for late call-offs from drivers on scheduled bid runs, or if service requires the load to be moved in less than two (2) hours. (d) If a P&D driver’s run is cut for the day, the P&D driver will have the option of (1) taking the day off pursuant to (e) below, or (2) displacing the junior P&D driver who starts at the same time or after them, if any. The displaced P&D driver may work ahead of a casual employee for available hours, provided the driver will be able to meet their former next bid start time. At any time the Company combines two (2) or more runs in the effort of cutting a bid for the day the most senior of the affected bid holders shall have the choice to run the combined bid or pass, provided their start times allow. The employee who does not run this combined route shall be allowed to exercise his/her right as provided in the above paragraph. (e) When more than one employee within a job classification with no loss of requests a day off, the Company will offer any available time off in seniority in that classification. This option shallorder.

Appears in 3 contracts

Samples: National Master Ups Freight Agreement, National Master Ups Freight Agreement, National Master Ups Freight Agreement

Layoffs. Section 1. All employees Layoffs to reduce staff for economy reasons, as distinct from discharge for just and sufficient cause, may be made. However, the employer agrees that every reasonable effort will be laid off in line of least seniority and hired in reverse ordermade through attrition to avoid such layoffs. 2. No employee will be hired When it is determined by the City as long as there are employees laid off who have seniority. If employees are to be laid offEmployer that a reduction in the work force is necessary, a thirty not less than six (306) calendar day written weeks notice shall be given to the affected employee Union and the employees affected. At the request of either party, the Employer and the Union prior shall meet during the notice period to discuss possible alternatives to the date that the services of that employee shall no longer be required. Section 2layoff. Employees who are subject to layoff within their shall be laid off in reverse order of seniority in each classification and who provided those remaining are qualified to perform duties the work required. During the notice period, the Employer will request voluntary resignations from employees in the classifications involved, and shall pay severance pay to volunteers in accordance with this agreement. Each request for voluntary termination and severance will be subject to the Employer's approval. The number of employees to be laid off shall be reduced accordingly. It is understood that employees voluntarily resigning will thereby waive their rights to recall. 3. Layoffs to reduce staff shall be made within the classification involved in the inverse order of Company seniority. 4. An employee in a classification so affected may elect to enter another classification in which they have proven competence, provided their total Company seniority is greater than that of the next lower classification in declining sequence, may, in order at which employee whom they are laid offbumping. Bumping into a higher classification may occur up to, occupy vacant positions of such lower classificationsand including, or may displace employees who hold positions of such lower classificationsclassifications in Group 2. Section 35. In the event of layoffs to reduce the force and while the recall list remains in force, temporary employees shall not be utilized unless all laid off employees with proven competency in the classification have been offered the additional work and have refused such work. Additionally, after a layoff occurs, the employer will immediately review its temporary requirements with a view to provide, where practical, work for employees on the recall list recognizing the work is of a temporary nature. 6. An employee who voluntarily requests demotion or another position in order to remain in the classified service following bumps into a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee group shall be credited with seniority earned in his classificationpaid not less than the top minimum for that group but not greater than the employees previous rate. Section 57. Any A full time employee who affected by layoff may elect to bump into a part time position in the same classification providing his/her company seniority is laid off due to a reduction in work force and thereafter, within a period greater than that of four (4) years, reinstated to City service, shall, the part time employee being bumped. Such bumping will only be permitted to the extent possible for purposes that the ratio of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent displaced part timers to the employee at original part time complement immediately before bumping is no greater than the last known address by registered or certified mail. If an employee fails ratio of displaced full timers to report for work within thirty (30) calendar days of the date of mailing of original full time complement before the recall notice, he shall be considered to have voluntarily terminated with the Citylayoffs. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoffs. Section 115.1 In the event VICE determines a reduction of staff is necessary due to lack of work or other legitimate economic reasons in a location, it will meet with the union at least three (3) weeks prior to the effective date of the layoff(s). All In the event the three week time frame mentioned above cannot be met due to operational requirements or other events beyond VICE’S control, it will provide the union with as much notice as possible. 15.2 At this meeting VICE will inform the union of the number of positions affected and discuss with the Union steps that have been taken or could be taken to avoid layoffs (e.g. reassignment of qualified employees to vacant positions) . The union will have the opportunity to suggest alternative ways to avoid the layoff(s) and Vice will give reasonable consideration to such suggestions. 15.3 VICE will also seek expressions of interest from remaining staff for a voluntary layoff in an effort to avoid involuntary layoff(s). If more volunteers are identified, VICE at its sole discretion will select from among such volunteers. 15.4 In the event VICE must proceed with the layoff(s) the affected employee(s) will be given two weeks’ written notice of such a layoff. In the event this two week notice period cannot be met by VICE due to operational requirements or other events beyond VICE’S control, VICE will provide as much notice as possible to the affected employee(s) and it will pay out the remainder of the notice period in addition to any severance monies the employee is entitled to. 15.5 Within five (5) days of receiving the layoff notice the affected employee(s) may choose in writing to displace a more junior employee at the same or lower grade salary scale. If the employee decides to displace a more junior employee they must have the demonstrated skills, qualifications and ability to perform the tasks without any training. Where there is more than one more junior employee in such a position, the employee who has been given notice of layoff must displace the most junior of these employees in the classification. 15.6 There will be no other displacements/bumping allowed and the displaced/bumped junior employee will be laid off in line of least seniority and hired in reverse orderoff. No employee VICE will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day give written notice shall be given of layoff to the affected Union and displaced employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallless than two

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Agreement, Collective Agreement

Layoffs. Section 1. All employees will be laid off (a) When layoffs (reductions in line force) of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be made in any unit, the Company, in its sole discretion, shall determine the number of employees to be laid off, a thirty (30) calendar day written notice off at each office. If such layoff shall be given confined solely to temporary employees, the affected employee Company shall have the absolute right of selection among such employees. If such layoff shall involve both temporary and regular employees, the Union prior to the date that the services Company shall lay off all temporary employees at such office and then lay off regular employees at such office in inverse order of that employee shall no longer be requiredUnit Seniority, as defined in Section 11.3 of this Article. Section 2. Employees who are subject to (b) Similarly, if a layoff within their classification and who are qualified to perform duties shall involve only regular employees, such layoff shall proceed in inverse order of the next lower classification in declining sequence, may, in order Unit Seniority at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsoffice. Section 3. An (c) The Company shall not be required to transfer employees between offices in the event of a layoff. (d) Any regular employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a has accrued less than five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue years of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any Unit Seniority or any vacation relief employee who is laid off due to a reduction shall receive two (2) weeks' written notice of such layoff or two (2) weeks' pay in work force and thereafter, within a period lieu of four such notice. Any regular employee who has accrued five (45) years, reinstated to City service, shall, to the extent possible for purposes or more years of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force Unit Seniority who is increased after a layoff, employees will be recalled laid off shall receive three (3) weeks' pay in reverse order lieu of layoffsuch notice. Notice of recall layoff or pay in lieu of such notice shall be in addition to any severance, vacation or holiday pay to which an employee may be entitled upon such layoff pursuant to this Agreement. Such notice shall include the date of layoff and the number of payback days and vacation days, if any, due to the employee. In the event notice is given to the employee as provided above, a copy thereof shall be sent to the Union. (e) In the event a regular employee at is laid off and returns to the last known address by registered Unit within the applicable period specified in Section 11.7, the employee's seniority for all purposes upon returning shall be that which he or certified mail. If an employee fails to report for work within thirty (30) calendar days of she had on the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Citysuch layoff. (f) In the event a temporary employee is laid off and returns to the Unit within one (l) year, the employee's seniority for all purposes upon returning shall consist of all accumulated time worked for the Company in the Unit, which was separated by intervals of less than one (l) year. (g) The Company will give to each employee who is laid off, and who has rehiring rights, a copy of Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option 11.7 of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallthis Agreement.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Layoffs. Section 1Where the Company decides to effect a layoff, the layoff shall proceed in inverse order of Company seniority within those job functions affected except where the layoff affects an “on-air” classification. All When an “on-air” classification is affected, the Company will retain the most senior employees will provided they meet, in the opinion of the Company, the standards of performance referred to in Article 9.2.1. 9.3.1 An employee about to be laid off from one job function, who has the occupational qualifications in line of least another job function, may apply their seniority and hired in reverse orderrevert to such other function(s). No employee will is to be hired displaced by a more senior employee unless the latter possesses the requisite skills, ability, occupational qualifications, as determined by the City as long as there are employees laid off who have Company to perform the job filled by the employee with less seniority. If employees are It is understood and agreed that an employee with the qualifications may require a reasonable period of familiarization in the new classification. An employee shall exercise the bumping rights within five (5) days notice of the layoff. 9.3.2 An employee who has reverted to be laid offa lower salary group, and whose salary is higher than the maximum of this group, shall continue to receive the higher salary for a thirty period of sixty (3060) calendar day written notice days, and then shall be given revert to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties maximum salary of the next lower classification in declining sequencesalary group, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees except that: An employee who hold positions of such lower classifications. Section 3has reverted to a salary group one group below their former group shall not have their salary reduced by more than ten percent (10%). An employee who voluntarily requests demotion or another position in order has reverted to remain in a salary group two groups below their former group shall not have their salary reduced by more than twenty percent (20%). An employee who has reverted to a salary group three groups below their former group shall not have their salary reduced by more than thirty percent (30%). 9.3.3 The Company shall provide to the classified service following a reduction in force shall be placed Union and the affected employees at a rate least six (6) weeks notice of the new classification layoff. In lieu of such notice, the Company may provide six (6) weeks salary to the affected employees. 9.3.4 The Company will continue to pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary on behalf of persons on layoff its share of the premiums for the officer to be placed in the highest step in the lower classification. Section 4. Wheregroup health plan (except STD, by virtue of a reduction of the workforceLTD, an employee takes a position in a lower classification in accordance with Section 2 RRSP and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due AD&D) for up to a reduction in work force and thereaftermaximum of six (6) months or until the person finds other employment, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without paywhichever comes first. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoffs. Section 1. All Reductions in the numbers of employees will in any of the three (3) occupation groups shall be according to the application of the following procedures a. Probationary employees in the affected classifications of an occupation group shall be terminated. b. The necessary number of part time employees with the least seniority regularly working and/or scheduled for less than the standard or conventional number of daily and/or weekly hours for their classifications and/or occupation group shall next be laid off in line from the affected classifications of an occupation group. c. The necessary number of full time employees with the least seniority and hired in reverse order. No employee will regularly working or scheduled to work for the standard or conventional number of daily and/or weekly hours shall next be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to from the affected employee and the Union prior to the date that the services classifications of that employee shall no longer be requiredan occupation group. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. d. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due from his/her classification may bump, if he/she has greater seniority, the employee with the least seniority in his/her occupation group as follows, (with the parties agreeing no laid off or otherwise affected employee shall be allowed to "bump up"; i.e., or otherwise progress to a reduction higher classification in work force his/her occupation group by the operation of this section or Section F, nor shall a part time employee bump or cause the layoff of a full time employee): i. Into a lower rated (paid) classification in his/her occupation group for which he/she is qualified either because said classification is in a direct line beneath the classification from which he/she is being laid off or bumped, or, ii. Because said employee has previously satisfactorily been assigned to the classification in his/her occupation group to which he/she is being laid off or bumped to, or, iii. To another classification within his/her occupation group to which his/her seniority entitles him/her where he/she can satisfactorily meet the standards and thereafterare qualified to perform the duties of the job. In the event a question arises as to the employee's ability to meet the standards and/or satisfactorily perform the normal duties of such classification, within a trial period of four up to five (45) yearsworking days shall be granted to settle the question. e. It is expressly understood and agreed by the parties that, reinstated to City servicebecause of the dissimilarity in an individual occupation group and its classifications' duties and uniqueness of the normal operational functions of each occupation group, shall, no employees laid off out of different occupation groups shall bump into or cause the layoff of any employee in another occupation group. The parties agree the only and single exception to the extent possible above absolute prohibition on inter-occupation groups bumping may be in the case of a laid off employee who possesses frozen seniority in another occupation group, as provided for purposes of all rights and benefitsdefined in Article 14, be deemed to have been on leave without pay. Promotions and Transfers, Section 6. When the work force is increased after a layoffH. A laid off employee may, employees will be recalled if he/she has greater frozen seniority in reverse order of layoff. Notice of recall shall be sent to another occupation group than the employee at with the last known address by registered or certified mailleast seniority in this same occupation group, bump that employee. If an The employee fails utilizing his/her frozen seniority to report bump must also possess the qualifications for work within thirty (30) calendar days and be capable of satisfactorily performing all the duties and responsibilities of the date of mailing of the recall notice, he classification to which he/she would bump and be laid off to. An employee who bumps using his/her frozen seniority shall be considered only continue to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of accumulate seniority in that classificationthe occupation group he/she is laid off from. This option shallHis/her layoff and bump is also otherwise subject to and governed by all other provisions contained herein in Article 15,

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1. All A layoff is defined as a staff reduction because of position elimination or long- term reduction in hours, or unit closure. 2. In the event of a layoff, the Medical Center will give employees in the affected job classification the opportunity to be voluntarily laid off. Thereafter, the employee with the least seniority among the employees in the same job classification on the shift in the department affected will be displaced from their position. However, a more senior employee on the affected shift may be displaced out of seniority if they are not qualified to perform the work after the layoff or does not possess special skills required for the position which are possessed by a less senior employee(s). In either situation, the displaced employee will then take the position of the least senior regularly scheduled employee on another shift, in the same job classification, and in a position that is within .3 FTE of the employee’s then-current FTE provided they are qualified to perform the work of that position (the employee whose position is thus taken will become the displaced employee). After such position movement, the remaining displaced employee will be laid off in line of least seniority and hired in reverse orderfrom work. 3. No employee Employees will be hired by paid severance in accordance with the City Medical Center’s policy regarding Severance Pay, as long such policy is currently in effect and as there are employees laid off who have seniorityit may be amended from time to time in the Medical Center’s discretion provided, however, that the Medical Center will not amend the Severance Pay policy to provide less than seven days’ (pro rata for part-time) severance for regular employees. 4. If At the time employees are given notice that they will be laid off, the Medical Center will give the Union a list of the employees to be laid off, a thirty seniority roster and a list of vacant positions within the bargaining unit (30) calendar day written notice shall be given to the affected employee which will include department and the Union prior to the date that the services of that employee shall no longer be requiredunit, FTE, and shift). Section 25. Employees who are subject Recall from lay off to layoff available bargaining unit work will be in the order of laid off employees’ seniority and within their classification and who are the laid off employee’s job classification, provided the employee to be recalled is qualified to perform duties the work of the next lower classification in declining sequence, may, in order at recall position. Rights under this paragraph continue until the sooner of (a) twelve (12) months from the date of displacement; or (b) the employee rejects an offer of a position for which they are laid off, occupy vacant positions of such lower classifications, he or may displace employees who hold positions of such lower classificationsshe is qualified. Section 36. An employee who voluntarily requests demotion or another position in order to remain in may designate shift availability at the classified service following a reduction in force shall be placed at a rate time of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary layoff for the officer to Recall List, in which case they will be placed in called only for positions within the highest step in the lower classificationemployee’s prior classification and preferred shift. Section 47. Where, by virtue The Medical Center will notify the employee of a reduction of position to which the workforce, an employee takes a may be recalled by registered mail. The employee must accept or reject the position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5within five calendar days from the date the letter is mailed by the Medical Center. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, If the Medical Center receives no response to the extent possible for purposes of all rights and benefitsletter, the employee will be deemed to have been rejected the position. The Medical Center will make a good faith reasonable effort to identify on leave without paythe website those jobs available to employees on layoff. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1Where the Company decides to effect a layoff, the layoff shall proceed in inverse order of Company seniority within those job functions affected except where the layoff affects an “on-air” classification. All When an “on-air” classification is affected, the Company will retain the most senior employees will provided they meet, in the opinion of the Company, the standards of performance referred to in Article 9.2.1. 9.3.1 An employee about to be laid off from one job function, who has the occupational qualifications in line of least another job function, may apply their seniority and hired in reverse orderrevert to such other function(s). No employee will is to be hired displaced by a more senior employee unless the latter possesses the requisite skills, ability, occupational qualifications, as determined by the City as long as there are employees laid off who have Company to perform the job filled by the employee with less seniority. If employees are It is understood and agreed that an employee with the qualifications may require a reasonable period of familiarization in the new classification. An employee shall exercise the bumping rights within five (5) days notice of the layoff. 9.3.2 An employee who has reverted through layoff to be laid offanother group and whose basic salary is higher than the maximum of this group, a thirty (30) calendar day written notice shall continue to receive the higher salary which shall be given frozen (red circled) until such time as the salary in the lower rated job surpasses the employee’s frozen salary and then such employee will proceed in the scale in accordance with Article 16.7. 9.3.3 The Company shall provide to the Union and the affected employees at least six (6) weeks notice of the layoff. In lieu of such notice, the Company may provide six (6) weeks salary to the affected employee and the Union prior to the date that the services of that employee shall no longer be requiredemployees. Section 2. Employees who are subject 9.3.4 The Company will continue to pay on behalf of persons on layoff within their classification and who are qualified to perform duties its share of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary premiums for the officer to be placed in the highest step in the lower classification. Section 4. Wheregroup health plan (except STD, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 LTD and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due pensions) for up to a reduction in work force and thereaftermaximum of six (6) months or until the person finds other employment, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without paywhichever comes first. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoffs. Section 15.1 For the purposes of this Agreement, a ìlayoff” will be deemed to occur when the availability of work for seniority employees is decreased to the extent that no work is available for one or more employees at a DEC for seven (7) consecutive days or more. 15.2 If the Company determines that one (1. All ) or more employees in a DEC will be laid off for seven (7) consecutive days or more on which days such employees would normally be scheduled to work, the Company will lay off employees by laying off Students first, followed by Term Employees, followed by employees who are on Probation. 15.3 In the event of layoffs of full-time seniority employees, the Company shall layoff such full-time employees in line the reverse order of least their seniority within their respective DEC, classification, and hired in reverse order. No employee will be hired by classification level provided that there remain employees on the City as long as there are employees laid off job who have seniority. If the ability (including without limitation, the ability to immediately perform their duties bilingually when the Company determines that it is necessary for employees are to be bilingual), qualifications, and availability to immediately perform the work that is required at the DEC at which the layoff is implemented. 15.4 In the event of layoffs of part-time seniority employees, the Company shall layoff such part-time employees in the reverse order of their seniority within their respective DEC, classification, and classification level provided that there remain employees on the job who have the ability (including without limitation, the ability to immediately perform their duties bilingually when the Company determines that it is necessary for employees to be bilingual), qualifications, and availability to immediately perform the work that is required at a DEC. 15.5 In the event that a full-time employee is about to be laid offoff at her/his own DEC, a thirty the employee may use his/her seniority within his/her classification and classification level seniority to displace another full-time employee with the least seniority in the same job classification level in another DEC that is within the employeeís Seniority Pool of DECís (30in which the employeeís home DEC is located) calendar day written notice shall be given that is referred to the affected employee and the Union prior to the date in Article 15.14 of this Agreement, provided that the services of that displacing employee shall no longer be requiredis ready, willing, and available to work at such other DEC. Section 2. Employees who are subject 15.6 In the event that a part-time employee is about to layoff be laid off at her/his own DEC, the employee may use his/her seniority within their his/her classification and who are qualified classification level seniority to perform duties of displace another part time employee with the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain least seniority in the classified service following a reduction same job classification level in force shall be placed at a rate another DEC that is within the employeeís Seniority Pool of DECís (in which the new classification pay range which ensures a five percent (5%employeeís home DEC is located ) reduction that is referred to in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallArticle

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoffs. Section 1. All Whenever the Employer decides it is necessary to reduce staff, employees will be laid off in line the reverse order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid offclassification, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date provided that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who those remaining are qualified to perform duties the work required. For clarification, the Employer will consider skill and ability and sales performance, if applicable. Sales performance over the previous 36 months, or for the duration of their employment if less than 36 months, will be considered when reviewing qualifications. (A) Except in cases where more than three (3) weeks’ notice is required by the Employment Standards Act, there shall be three (3) weeks’ notice to the affected employees of any layoffs. The Employer will provide the Union with three (3) weeks' notice of the next lower layoff and the names of the employees affected. During this three-week period, the Employer shall consider alternatives proposed by the union to the layoff. (B) An employee in a classification so affected may elect, within the notice period, to bump those with the least seniority in another classification in declining sequence, may, in order at which they have had prior permanent work experience and are competent to perform the work. This is provided their total Company seniority is greater than that of the employee whom they choose to bump. (C) Prior to issuing layoff notices, the company will post a notice at the location where the layoff is to take effect advising employees of the need to reduce staff and the Employer’s intent to accept applications for voluntary resignations with severance pay as provided by the collective agreement for employees who have been laid off, occupy vacant positions of such lower classifications, or may displace . Interested employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall department(s) will be placed at a rate required to apply within 14 calendar days. Acceptance of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for voluntary resignation will be at management’s discretion. In the officer to be placed in event the highest step in Employer does not receive the lower classification. Section 4. Where, by virtue required number of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoffvoluntary resignations, employees will be recalled laid off in reverse order of layoff. Notice of recall shall be sent seniority by classification, provided that those employees remaining are qualified to perform the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityrequired. Section 7. When (D) In the work force is increased after event of a layoff, those persons who have voluntarily taken a lower classification as provided temporary employees will be laid off before part-time or full-time employees in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that affected classification. This option shall.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoffs. Section 1. All employees will Employees covered herein may be laid off because of a reduction in, elimination of, or expiration of a specially funded program. Employees subject to layoff shall be notified in writing not less than sixty (60) days prior to the effective date of such layoffs. 2. Employees covered herein may be laid off because of a reduction or elimination of services. Such layoffs shall only be for lack of work resulting from reductions or elimination of services. 3. Employees covered herein may be laid off in line the event of the District’s financial inability to pay the salaries of such employees and may be laid off for lack of work when the lack of work has been caused by circumstances which are neither foreseeable nor preventable by the District. 4. Notice of the District’s intent to lay off personnel within the unit shall be provided to CSEA at least seniority two (2) weeks prior to the placing of an action item to consider such layoff on a board agenda. Said notice shall contain the reasons for the layoffs being considered and hired in reverse ordershall indicate the time and place at which the layoffs may be discussed with the Superintendent and/or his/her designee. No employee The District shall consider the layoffs at a subsequent public meeting with the understanding that CSEA will be hired provided with a copy of the agenda for the meeting and the opportunity to speak to the issue during the meeting, prior to the Board’s taking action on the matter. The Board’s decision shall be the final decision in such matters. CSEA shall be notified of the Board’s decision in writing within five (5) workdays of the date of the meeting at which the decision is made. In no instance shall the procedures contained herein limit the right of CSEA to suggest alternatives to the implementation of layoffs. Such alternatives may be discussed with the Projects Director and Superintendent and/or presented to the Board for consideration. 5. Layoffs shall be effected within a class of employees. The order of the layoffs within the effected class shall be determined by length of service. The employee in such class who has been employed the City as long as there are employees laid off who have seniority. If employees are shortest time within that and higher classes shall be the first to be laid off, a thirty (30) calendar day written notice . Length of service shall be given defined as date of hire. It is expressly understood that employees who are on unpaid illness leave, military leave or unpaid industrial accident leave shall continue to accrue length of service credit on the affected employee and the Union prior to the date that the services of that employee shall no longer be requiredsame basis as if they had not been on leave. Section 26. Employees covered hereunder who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force off shall be placed at on a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4re-employment list. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee Laid-off employees shall be credited with seniority earned in his classification. Section 5. Any employee who is eligible for re-employment within the class from which they were laid off due to a reduction in work force and thereafter, within for a period of four thirty-nine (439) years, reinstated to City service, shall, to months from the extent possible for purposes date of all rights and benefits, layoff. Re- employment shall be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice Notwithstanding the above, laid-off employees shall have the right to compete for positions which may become vacant or which are created by the District in other classifications, in accordance with District policy. If re-hired, employees shall maintain length of recall service credit accrued during previous employment, in accordance with Section 5, above. 7. Employees subject to lay-off shall have the right to take service retirement in lieu thereof. Such employees shall be sent placed upon the re-employment list developed in accordance with Section 6, above. Employees who have chosen service retirement and who are subsequently re-employed shall not be placed in the new position until the Board of Administration of the PERS has properly processed their formal reinstatement from retirement. 8. Employees subject to lay-off shall have the right to volunteer to take reductions in assigned time in lieu of layoff, subject to the approval of the District. Such employees shall be returned to a position in their former class with the same service year and workday as soon as a vacancy in such position becomes available, where more than one employee at has volunteered for such reductions. 9. If two (2) or more employees subject to lay-off in the same class have the same amount of seniority, the determination of who shall be laid off shall be made by lot if necessary. 10. Consistent with Article 18: Transfers and Assignments §4, when a new position is created or an existing position becomes vacant within the unit, the District shall offer employees serving in the same class the opportunity to request transfer to such position. All vacancies shall be posted for not less than five (5) workdays in each school prior to the position being filled. 11. Employees on a reemployment list shall be provided written notification of appropriate openings by first class mail, addressed to the employee’s last known address by registered or certified mailaddress. CSEA shall concurrently be provided a copy of each notice. It is the employee’s responsibility to keep the District informed of his/her current mailing address. If an this notice is returned unanswered the District shall mail one last notice. If this second notice is also returned unanswered he/she shall be removed from the reemployment list. 12. An employee fails to report who accepts a reemployment offer is responsible for work notifying the District in writing within thirty five (305) calendar days of receipt of an employment notice. An employee accepting reemployment shall return to duty no later than two (2) weeks following the date of mailing of acceptance. If the recall notice, he employee declines this offer or cannot return to work within the two (2) week period he/she shall be considered to have voluntarily terminated with removed from the Cityreemployment list. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Layoffs. Section 1. All employees will Layoffs may occur due to the lack of work or lack of funds, in accordance with the following provisions: 2. Layoffs shall be made based upon seniority. Seniority shall be defined, as date of hire within the classification and higher classifications for purposes of this Article. An employee may bump into another classification in which the laid off in line employee has an established seniority date. It is expressly understood that employees who are on unpaid illness leave, military leave or unpaid industrial accident leave shall continue to accrue length of least seniority and hired in reverse orderservice credit on the same basis as if they had not been on leave. 3. No employee will be hired by Notice of the City as long as there are employees laid off who have seniority. If employees are Board of Trustees' intent to be laid off, a thirty (30) calendar day written notice layoff personnel within any job classification shall be given to the affected employee and the Union Local One a minimum of two (2) weeks prior to the date that Board of Trustees' consideration of the services layoffs. The notice shall contain the reasons for the layoffs being considered and the time and place at which the Board of that employee shall no longer be requiredTrustees will discuss the layoffs. Section 24. Local One, as well as the employees effected by the layoffs, shall be given the opportunity to speak to the issue prior to the Board of Trustees' action on the matter. 5. The decision of the Board of Trustees shall be final and shall be effectuated not less than sixty (60) days from the date of the day following the Board of Trustees' meeting at which it was made. Employees who are subject effected by the decision to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force lay off shall be placed at a rate of the new classification pay range which ensures a five percent mailed his/her notice within seven (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (307) calendar days of the date of mailing of Board’s action. Such notice shall include the recall noticeemployees' rights to re-employment and their bumping rights, he if any. 6. Notwithstanding the above, it shall be considered the prerogative of Local One to have voluntarily terminated with suggest alternatives to the Cityimplementation of layoffs. Members of Local One, for instance, may elect to take voluntary reductions in assigned time in lieu of layoffs. Should an alternative be accepted and implemented by the Board of Trustees, employees effected shall retain their re-employment rights. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Negotiated Agreement

Layoffs. Section 121.1 All layoffs within the competitive service occasioned by abolishment of a position, the combination of duties of two (2) or more positions, or the reduction in numbers of employees in a given class, shall be governed by seniority in the class. All employees will Reemployment shall be in reverse order of layoff. 21.2 Any promotional probationary employee laid off under these procedures who held permanent status in line of least a lower class shall retain seniority rights in the previously held classification provided that it is still listed in the City's current basic classification and hired in reverse order. No compensation plan. 21.3 Any permanent, full-time employee will be hired by the City as long as there are employees laid off who have seniority. If employees are under the above provisions may request a demotion to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower class provided he/she meets reasonably related qualifications required for placement in the class and the position is vacant. 21.4 In lieu of layoff, an employee may elect to work in a lower level classification, in which he or she has served, providing that classification is within the same job family/career ladder. In that event, the employee’s length of service in accordance with Section 2 and 3 hereofthe next lower classification will be added to his or her length of service in the affected classification, and a reduction in force becomes necessary in such lower classification, such employee said combined seniority shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due used to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to bump down into the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a next lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallmethod of combining seniority shall be applied to subsequent lower classifications. 21.5 For positions that were advertised in the Police Department as “open and promotional” or “promotional only” which are open to Police Department employees only, there will be created a “job ladder” such that those employees in positions to be eliminated through layoff shall be entitled to return to the POA job classification in the Police Department from which they promoted, “bumping” any employee in that job class with less cumulative years of service in that job class than the bumping employee had in that job class prior to promotion.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Layoffs. Section 1a. Layoff of regular employees shall be in the inverse order of seniority within the classification and department, with the least senior employee being laid off first, as set forth herein. All Non-regular employees will be laid off in line of least seniority and hired the order as determined by the Department Head. b. After the County has identified those employee positions which are to be abolished or reduced in reverse order. No employee work hours, the employees occupying such positions will be hired notified of any options they may have as set forth herein. c. A “bumping right” is the right when an employee, when actually facing layoff, may displace an employee with less seniority as described in Section 14.2(d). d. Regular employees whose positions have been reduced or eliminated must elect one of the following within five (5) days of receipt of the notice: 1) Select a position in the department in a lower or lateral paid classification in which the employee previously had successfully completed the probationary period and which will be vacated by the City as long as there are employees laid off who have seniority. If employees are least senior employee through the bumping process; or 2) Select a vacant position in the department in a lower or lateral paid classification provided the employee is fully qualified to perform the duties of the lower paid classification. 3) Accept reduced work hours, if any exist in the current classification and department; or 4) Elect to be laid off. e. Any employee who has been displaced by another more senior employee may be entitled to exercise the options set forth in 14.2(d) above. f. Whenever an employee has elected an option other than layoff as set forth in 14.2(d), the option may be implemented immediately as determined by the employee's Department Head in order to avoid a thirty (30) calendar day written notice shall long delay in the layoff and displacement process. g. Regular employees who are actually laid off from County service will be given to preference in filling future vacancies in the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at department from which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary off for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four up to two (42) years, reinstated to City serviceproviding they keep the Department Head advised of their current address. However, shall, to a person declining appointment in the extent possible for purposes same classification and department will be removed from the re-appointment list after two (2) refusals of all rights and benefits, be deemed to have been on leave without payre-appointment. Section 6. When h. Notwithstanding the work force provisions of this Article, the Board of Supervisors and the Association may agree to other procedures during the term of this Memorandum of Understanding where it is increased after a layoff, employees will be recalled mutually determined that an alternative is in reverse order the best interest of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityboth parties. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Layoffs. Section 1‌ A. In the event of a reduction in force, probationary employees shall first be laid off from the occupational group and classification affected in reverse order of seniority (least senior laid off first). All If further reduction is necessary, non-probationary part-time employees will shall be laid off in line reverse order of least seniority and hired in the affected job classification. If further reduction is necessary, non-probationary full-time employees shall be laid off in reverse order. No employee will be hired by order of seniority in the City as long as there are affected job classification. B. Laid-off non-probationary employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given the opportunity by the University to displace (bump) other employees as follows: 1. A part-time employee may displace the affected least senior part-time employee and within the Union prior same classification elsewhere in the bargaining unit provided his/her seniority exceeds that of the employee s/he seeks to displace. If s/he is unable to do so, s/he shall be given the date that opportunity to displace the services of that least senior part-time employee shall no longer be requiredin a lower-rated classification within the same occupational group. Section 2. Employees who are subject to layoff A full-time employee may displace the least senior employee, whether full-time or part-time, within their the same classification and who are qualified to perform duties elsewhere in the bargaining unit provided his/her seniority exceeds that of the next lower classification in declining sequenceemployee s/he seeks to displace. If s/he is unable to do so, mays/he shall be given the opportunity to displace the least senior employee, whether full-time or part-time, in order at which they are laid offa lower-rated classification within the same occupational group, occupy vacant positions provided his/her seniority exceeds that of such lower classifications, or may displace employees who hold positions of such lower classificationsthe employee s/he seeks to displace. Section 3. An In no event shall an employee who voluntarily requests demotion or displace another position in order pursuant to remain in this section unless s/he is fully capable of performing the classified service following work of the employee s/he seeks to displace. C. A former full-time employee that accepted part-time work because of a reduction in force shall be placed at reinstated to full-time status should a rate full-time position become vacant in his/her classification anywhere in the bargaining unit. D. Except in case of emergency, the University shall provide the affected employee not less than two (2) week's written notice of any layoff. The Union will be notified of the new classification pay range which ensures a five percent impending layoff at least forty-eight (5%48) reduction in salaryhours prior to the time notification is given to the employee. After notification is presented to the Union, unless a larger reduction is necessary an informational meeting will be held at the Union’s request for the officer purpose of asking the University to be placed in explain the highest step in reasons for the lower classificationlayoff. Under no circumstances will such a meeting delay the scheduled layoff date. E. Any employee laid-off pursuant to Paragraph A of this Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee 7.8 shall be credited with seniority earned given consideration for transfer to any existing University vacancy outside this bargaining unit for which s/he possesses the necessary qualifications as determined by the University, except where prohibited by other bargaining unit agreements. University of Chicago Hospitals Skilled Unit employees on lay off shall have preferential consideration as identified in his classificationSection 10.4. Section 5. Any employee who is laid F. Employees temporarily laid-off due to a reduction in lack of work force and thereaftershall, within for a period equal to the length of four their accumulated seniority immediately prior to the date of layoff to a maximum of two (42) years, reinstated retain seniority accumulated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided and shall, subject to the provisions of this Agreement during that period, be rehired in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss order of seniority before new employees hired in that classification. This option shallthe open market.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section SECTION 1. All Whenever a reduction in work force becomes necessary, layoffs shall be made on the basis of seniority with the Sheriff's Office. The employee lowest on the seniority list shall be the first laid off and the last to be recalled. The F.O.P. shall be notified in advance of any anticipated lay-off to allow the F.O.P. to work closely with the County and/or Sheriff’s Office to correctly align the determining conditions of the lay-off. SECTION 2. If employees will are to be laid off, a fourteen (14) day written notice shall be given prior to the date when their services shall no longer be required. SECTION 3. No full-time employee shall be laid off from any position classification while there SECTION 4. In the event that an employee becomes subject to lay-off in his/her particular position classification, and is qualified to perform duties in a lower position classification, he/she shall be permitted to take a position in the next lower position classification at the lower position classification's rate of pay that is closest to the employee’s current rate of pay and any employees in the lower position classification subject to lay-off by virtue of the provisions of this Section, shall be laid off in line accordance with the provisions of least seniority Section 1 hereof. SECTION 5. In the event that an employee becomes subject to lay-off in his/her particular position classification and hired a vacancy exists in a position of lower position classification for which he/she is qualified, he/she may, with the approval of the Sheriff, or his/her designated representative, be appointed to such position in a lower position classification on the basis of his/her seniority. SECTION 6. The names of regular employees who have been laid off shall be placed on a lay-off list maintained by the Sheriff. The Sheriff shall rehire in the reverse orderorder of the lay-off, provided such employees are otherwise qualified to perform the duties of the position. No employee new employees will be hired by the City Sheriff as long as there are employees laid off who have seniority. If employees seniority who are to be laid off, a thirty (30) calendar day written notice shall be given to immediately capable of performing all of the affected employee and essential functions of the Union prior to the date that the services of that employee shall no longer be requiredposition. Section 2SECTION 7. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, Where an employee takes has accepted a position in a lower position classification in accordance with Section 2 and 3 by virtue of Sections 4 or 5 hereof, and a reduction in force becomes necessary in such lower classification, such employee he/she shall be credited with seniority earned recalled to his/her former position when the same becomes available in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityreduction. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section SECTION 1. All Whenever a reduction in work force becomes necessary, layoffs shall be made on the basis of seniority with the Sheriff's Office. The employee lowest on the seniority list shall be the first laid off and the last to be recalled. The F.O.P. shall be notified in advance of any anticipated lay-off to allow the F.O.P. to work closely with the County and/or Sheriff’s Office to correctly align the determining conditions of the lay-off. SECTION 2. If employees will are to be laid off, a fourteen (14) day written notice shall be given prior to the date when their services shall no longer be required. SECTION 3. No full-time employee shall be laid off from any position classification while there are probationary, part-time or temporary employees working in the same position classification. SECTION 4. In the event that an employee becomes subject to lay-off in his/her particular position classification, and is qualified to perform duties in a lower position classification, he/she shall be permitted to take a position in the next lower position classification at the lower position classification's rate of pay that is closest to the employee’s current rate of pay and any employees in the lower position classification subject to lay-off by virtue of the provisions of this Section, shall be laid off in line accordance with the provisions of least seniority Section 1 hereof. SECTION 5. In the event that an employee becomes subject to lay-off in his/her particular position classification and hired a vacancy exists in a position of lower position classification for which he/she is qualified, he/she may, with the approval of the Sheriff, or his/her designated representative, be appointed to such position in a lower position classification on the basis of his/her seniority. SECTION 6. The names of regular employees who have been laid off shall be placed on a lay-off list maintained by the Sheriff. The Sheriff shall rehire in the reverse orderorder of the lay-off, provided such employees are otherwise qualified to perform the duties of the position. No employee new employees will be hired by the City Sheriff as long as there are employees laid off who have seniority. If employees seniority who are to be laid off, a thirty (30) calendar day written notice shall be given to immediately capable of performing all of the affected employee and essential functions of the Union prior to the date that the services of that employee shall no longer be requiredposition. Section 2SECTION 7. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, Where an employee takes has accepted a position in a lower position classification in accordance with Section 2 and 3 by virtue of Sections 4 or 5 hereof, and a reduction in force becomes necessary in such lower classification, such employee he/she shall be credited with seniority earned recalled to his/her former position when the same becomes available in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityreduction. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1. All employees will Any employee may be laid off in line separated from his/her employment for an indefinite period of least seniority and hired in reverse order. No employee will be hired time by the City as long as there are employees laid off who have seniority. If employees are to be laid offbecause of lack of work, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services lack of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties funds, abolition of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classificationsposition, or may displace employees who hold positions of such lower classifications. Section 3other similar causes. An Such action is designated as a layoff and shall entitle the laid- off employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed on the re-employment list for his/her job classification. Layoffs shall be governed by seniority within a particular sworn job classification, with service in a higher-paying classification in the highest step same promotional line counting as service in that job classification. That is, the employee being laid off shall be the employee with the lowest seniority, as defined herein, in the lower classification. Section 4particular sworn job classification involved. WhereRe-employment from layoffs shall be in the reverse order in which the layoffs occurred. Any position may be abolished by the City Council, by virtue and should such abolished position be reinstated, the laid-off employee shall be entitled to re-employment in accordance with the rules governing layoffs. If there is a class of sworn positions of a reduction lower rank, and in the same promotional line as the class of positions from which xxxxxx is made, the workforce, an Police Chief shall demote the employee takes scheduled for layoff to a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower ranking sworn job classification, such . The employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of lowest seniority in that classification. This option shall, as defined herein (which includes all time served in the higher paid classification from which an employee was bumped down pursuant to this provision), may in turn be laid off or bumped down in the same manner, with the end result being that the last individual employed in the lowest ranking sworn job classification may be laid off.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Layoffs. Section 1(i) The recall of employees from layoff will be in order of seniority. All employees The first person called back to work will be the last person laid off. (ii) In order that the operation of the Union will not become disorganized when permanent or temporary layoffs are being made, the President and the Stewards shall be the last persons to be laid off in line during their term of least seniority and hired in reverse order. No employee will be hired by the City as office, so long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who full- time or part-time work which they are qualified to perform duties at their own or at a lower wage level, is available. (iii) Retired employees or part-time employees will not be hired or scheduled to work if there are laid off employees in the classification into which such retired or part- time employee is hired or scheduled to work, or if such employment will result in regular employees in such classifications working less than forty (40) hours in each week, or result in the elimination or curtailment of employment of regular employees in such classification. (iv) Whenever the work force within the Bargaining Unit is to be reduced by the Employer, the employee with the least Bargaining Unit wide seniority within the classification as per Schedule “A” that is to be reduced shall be laid off first. (v) The employee(s) displaced by such elimination or discontinuance of a job and/or classification shall have the option of accepting the layoff or assume the job of an employee with lesser bargaining unit wide seniority, that he/she is capable of performing. In addition, employees assuming the jobs of Xxxxx and Xxxx shall be required to be in possession of a Journeyman’s Certificate or better qualification valid in the Province of Ontario. Further, employees assuming the jobs of Xxxxxx 1, Xxxxxx, Helper, Gardener, and Groundskeeper shall be required to be in the possession of a Class “G” Driver’s License valid in the Province of Ontario sufficient to permit said employee to operate all the University-owned vehicles, or such other license as may be acceptable to the Employer. The Groundskeeper and Gardener position also requires a DZ license valid in the Province of Ontario. It is understood and agreed that this requirement does not apply to those Groundskeepers and Porters who were employed prior to January 1, 1997. The Helper position also requires an “F” license valid in the Province of Ontario. (vi) The employer shall provide the employee with eight (8) weeks written notice or pay in lieu of notice of the next lower discontinuance of his/her job through permanent layoff. All bumping shall be completed within the said eight (8) weeks. By mutual agreement, this said eight (8) weeks may be extended. (vii) Bumping procedures and regulations will be administered by one (1) representative of the Union selected by that body, and one (1) representative appointed by the University. In the event the aforementioned two (2) persons are unable to resolve any matter related to the bumping procedure mentioned herein, such dispute will be processed through the grievance procedure as set forth in Article 11 hereof. Employees shall exercise their rights to layoff or bump as set forth in the within clause. In the event such employees elect not to bump the Employers shall be entitled to transfer such employees to any classification the Employer shall decide provided there is a job available and the employee has the required qualifications for the job. If the said employees refuse the transfer, the said employees shall no longer have seniority. (viii) For the purposes of the within clause, the Employer and the Union are agreed on the order of shift preference as follows: (1) five (5) day, Day shift (2) seven (7) day, Day shift (3) five (5) day, Afternoon shift (4) seven (7) day, Afternoon shift (5) five (5) day, Midnight shift (6) seven (7) day, Midnight shift 9:05(b) Permanent Layoff(s) (i) Permanent layoff shall be defined as any period which is longer than four (4) weeks in declining sequence, may, in order at which they are length. (ii) If a full-time member of the bargaining unit is permanently laid off, occupy vacant positions of such lower classificationsEmployee shall be entitled to exercise their bargaining unit wide seniority to bump a less senior full- or part-time employee. If such employee bumps into another full-time classification, or may displace employees who hold positions of such lower classificationsthe employee shall be paid the hourly rate, as listed in Schedule “A”, for the classification they are assuming. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following (iii) If a reduction in force shall be placed at a rate full-time member of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction bargaining unit is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classificationpermanently laid off, such employee shall be credited with entitled to exercise their bargaining unit wide seniority earned to bump a less senior part-time employee. The employer agrees to pay the full-time hourly rate of the applicable job classification as per the full-time hourly rates contained in his classificationSchedule “A” or “B” as applicable. Section 5. (iv) Any full-time employee who is permanently laid off due shall be entitled to their full- time benefits for up to a reduction in work force maximum of two years. (v) It is understood and thereafteragreed that employees undergoing a permanent layoff must within three (3) days of receiving notification, within a period of four (4) years, reinstated to City service, shall, indicate to the extent possible for purposes of all rights and benefits, be deemed Employer their decision to have been on leave without paybump or accept the layoff. Section 6. When (vi) If a part-time member of the work force bargaining unit is increased after a layoffpermanently laid off or if they are displaced during the summer lay off period, employees will be recalled in reverse order of layoff. Notice of recall such employee shall be sent entitled to exercise their bargaining unit wide seniority to bump a less senior part-time employee. The employer agrees to pay the hourly rate as listed in Schedule “A” or “B” as applicable, for the classification they are assuming. (vii) In addition, any laid off employee at who is in receipt of part-time benefits shall continue to enjoy those benefits for the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days remainder of the contract year from the date of mailing purchase of benefits in accordance with article 22:12 provided the recall notice, he shall be considered employee continues to have voluntarily terminated with pay the Citypremiums. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoffs. Section 1Layoffs within the store shall be on a strict seniority basis within the affected seniority classification. All The Employer shall offer employees will be laid off in line a reasonable period of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are training, up to be laid off, a thirty (30) calendar day written notice shall be given days, if necessary to the affected employee and the Union prior to the date that the services of that comply with this seniority requirement. A laid off employee shall no longer be requiredhave the following options based upon seniority. Section 2. Employees who are subject (a) The laid-off employee may elect to layoff transfer within their his seniority classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain any store in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed geographic grouping provided that in the highest step store selected by the laid-off employee, there is at least one less senior employee working in the lower same classification. Section 4. WhereIf the transfer involves work which the employee has not previously performed, by virtue of then the employer shall offer the employee a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a reasonable period of four (4) yearstraining, reinstated up to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days days. (b) In the event the laid-off employee’s seniority does not permit a transfer within the geographical grouping, then the laid-off employee may elect to transfer to any store within the jurisdiction of the local union in accordance with the employee’s seniority, on the same basis and under the same conditions as set forth in Paragraph (a) above. (c) In the event the laid-off employee’s seniority does not permit a transfer within the local union jurisdiction, then the laid-off em­ ployee may elect to transfer in accordance with the employee’s seniority to a store of the Employer within the jurisdiction of any one of the local unions listed in Paragraph 8.1 provided, however, that such transfer will displace the least senior employee only, working in said local union’s jurisdiction. (d) A laid-off employee may elect to take a demotion to a lower seniority grouping within his store (a seniority grouping with a lower wage schedule). The employee will then be placed upon the applicable seniority list based upon the employee’s last date of mailing hire. (e) Lateral transfer between equal wage structure seniority groups within the store. (f) In lieu of exercising the above options, the employee may elect to accept lay-off status. Before hiring any new employee or promoting an employee to a job within the laid-off employee’s seniority classification, the Employer will first offer recall rights to employees on the lay-off list in accordance with senior­ ity. An employee may decline to accept a recall to any store other than to one within the same geographic grouping from which the lay off occurred without forfeiting the recall notice, he shall be considered to have voluntarily terminated with the Cityrights. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 15.1 For the purposes of this Agreement, a “layoff” will be deemed to occur when the availability of work for seniority employees is decreased to the extent that no work is available for one or more employees at a DTC for six (6) consecutive days or more. 15.2 If the Company determines that one (1. All ) or more employees in a DTC will be laid off for six (6) consecutive days or more on which days such employees would normally be scheduled to work, the Company will lay off employees by laying off Students first, followed by Term Employees, followed by employees who are on Probation. 15.3 The Company will respect union seniority in line the lay-off and recall process. Therefore, the Company will not lay-off a seniority employee if a seniority employee with less seniority at the same DTC and in the same classification (e.g. DE) is not laid off, regardless of either employee’s part time or full time status or their classification level (e.g. DE3). Displacement will continue to be based on seniority regardless of full time or part time status. (i) This article 15.3 only applies if the higher seniority employee: • has the skills, ability and qualifications to perform the work that is required to be performed at the DTC, • is willing and able to accept the work hours and work schedule that is required to meet the operational needs of the DTC as determined by the Company, and • is bilingual where this qualification is required to meet the operational needs of the DTC (ii) The Company must act reasonably in assessing these operational needs. (iii) For the purpose of this article 15.3, an employee with a particular classification level (e.g. DE4) will be deemed to have at least the same skills, ability and qualifications of an employee with the same or lower classification level (e.g. DE3). 15.4 In the event that a seniority employee is about to be laid off at her/his own DTC, the employee may use his/her seniority within his/her classification to displace another employee within his/her DTC. If there is a failure to secure employment via this manner, the affected individual shall have the opportunity to bump at any DTC within the seniority pool another employee with the least seniority in the same job classification and hired classification level or lower and in reverse ordereither the full time or part time job category level provided that such employee is available to work the hours of the employee that is being displaced at such other DTC. No It is also understood that if an employee within a classification is about to be laid off at his/her own DTC and is unable to displace another employee within his own classification and classification level at his own DTC as referred to above, such affected employee may also displace another employee within his/her classification at any DTC within the seniority pool who has the least seniority within the classification but who is at a higher classification level provided that such employee has all of the qualifications, skills and abilities to immediately perform the work in the higher level classification into which they are exercising bumping rights. (i.e. A qualified DE3 with DE4 qualifications displacing a DE4 employee at another DTC within the seniority pool, where such DE4 displaced employee is the least senior employee within the DE classification level). An employee who displaces and employee in a classification level that is lower that the employee’s own level will be hired paid the rate of pay that is applicable to the lower classification level of pay. 15.5 In the event that the Company plans to implement a permanent layoff of employees, the Company will provide such notice as required under the Employment Standards Act. In the event that the Company plans to implement a temporary layoff that is expected to be for a period of six (6) days or more, the Company will provide full-time seniority employees with ten (10) calendar days notice and, part-time seniority employees with five (5) calendar days notice. The Company will have the option to provide a payment in lieu of any notice of layoff. 15.6 In the event of any layoff, the Company shall layoff employees on the basis of the following classifications, provided that there always remain on the job employees who have the ability (including without limitation, the ability to immediately perform their duties bilingually when the Company determines that it is necessary for the employee to be bilingual), qualifications, and availability to perform the work that is required by the City Company at a DTC. The classifications that will be referred to for the purposes of this Agreement are as long follows: • Driver Examiners • Customer Service Agents • Lead Hands It is understood and agreed that if a part-time employee bumps the least senior full-time employee as there part of the above-noted procedure, the part-time employee must accept the displaced employee’s full- time position and hours of work that are employees available within the full- time schedule and be governed by the full-time provisions of this Agreement. It is understood and agreed that if a full-time employee bumps the least senior part-time employee as part of the above-noted procedure, the full-time employee must accept the displaced employee’s part-time position and available hours and be governed by the part-time provisions of this Agreement. (a) An employee who is subject to lay-off shall have the right to either: (i) accept the layoff; or (ii) An employee who is subject to layoff will be entitled to exercise her/his seniority in order to displace an employee with the least seniority in the same job classification provided that the more senior employee is ready, willing, and available to work the shifts that were being worked by the displaced employee, and has the qualifications required to perform the work, and is bilingual where such qualification is necessary. (iii) An employee who is displaced as a result of lay off as set out in 15.6 (a) (ii) above, will be entitled to exercise her/his seniority in order to displace an employee with the least seniority in an equal or lower paid job classification provided that the employee is ready, willing and available to work the shifts that were being worked by the displaced employee, and has the qualifications required to perform the work and is bilingual where such qualification is necessary. (b) Recall - In the event of a recall, laid off employees with seniority shall be recalled in the reverse order of their displacement through layoff to the DTC, classification and category from which they were laid off or, to another equal or lower paid classification, provided that the employee is ready, willing and available to work the shifts that were (c) An employee who have senioritybumps into or is recalled into a lower paid classification will be reclassified and will be paid the lower rate of pay that is prescribed for such lower classification. (d) If a seniority employee is recalled from layoff, such employee shall be credited with the amount of seniority that the employee accrued prior to the date of layoff. 15.7 The Company will determine the timing of layoffs and the number of employees to be laid off. If A uniform reduction in the number of hours scheduled in a work week for all employees in a seniority pool shall not constitute a layoff. It is understood that the Company will only apply this provision if necessary, in the event that the hours of operation at any DTC(s) are reduced. 15.8 No advance notice of layoff will be required when the failure to provide work is due to strikes, stoppages, or interference with work in connection with labour disputes, catastrophes, failure of public utilities, fire, lightening, power failure, storms, or similar causes which are beyond the control of the Company and which prevents the Company from scheduling hours of work. 15.9 It is every employee’s responsibility to keep their personal contact information, such as their home address and phone number, up to date. Employees must notify the Human Resources Department in writing, no later than five (5) business days after she/he changes her/his phone number or address/mailing address. It is understood that all recall notices will be communicated to the address or telephone number that the employee last provided to the Company by courier or by registered mail, or the employee may be contacted by telephone, and that shall be deemed to be proper notice of recall. 15.10 Seniority Pools Seniority Pool # DTC’s Included # of DTCs Included 1 Brampton, Downsview, Etobicoke, Lindsay, Metro East, Port Union, Oakville, Oshawa, Peterborough, Woodbridge 10 2 Bancroft, Belleville, Brockville, Cornwall, Hawkesbury, Kingston, Ottawa Canotek, Ottawa Walkley, Pembroke, Renfrew, Smiths Falls, Winchester 12 3 Chatham, London, Sarnia, Simcoe, Tillsonburg, Windsor 6 4 Brantford, Burlington, Guelph, Hamilton, Kitchener, Orangeville, St. Catharines, Stratford, Woodstock 9 5 Aurora, Barrie, Clinton, Huntsville, North Bay, Orillia, Xxxx Sound, Walkerton 8 6 Dryden, Espanola, Fort Xxxxxxx, Kapuskasing, Xxxxxxxx Lake, Kenora, New Liskeard, Sault Ste. Xxxxx, Sudbury, Thunder Bay, Timmins 11 15.11 In the event of layoff of more than six (6) days, the Union will be provided with a list of employees to be laid off in advance. Where full-time seniority employees are to be laid off, a thirty the Union will be provided with fourteen (3014) calendar day written notice shall days advance notice, and where part-time seniority employees are to be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsthe Union will be provided with seven (7) calendar days advance notice. Section 3. An 15.12 A cross-trained employee who voluntarily requests demotion or employees in one classification will not perform the work of any other employee or employees in another position in order to remain classification within the same DTC, if such other employee or employees in the classified service following a reduction in force shall other classification are laid-off. This article 15.12 only applies if the laid-off employees: • Have the skills, ability and qualifications to perform the work that is required to be placed performed at a rate the DTC, • Are willing and able to accept the work hours and schedule that is required to meet the operational needs of the new classification pay range which ensures a five percent (5%) reduction in salaryDTC as determined by the Company, unless a larger reduction and, • Are bilingual where this qualification is necessary for required to meet the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction operational needs of the workforceDTC. The Company must act reasonably in assessing these operational needs. For the purpose of this article 15.12, an employee takes with a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four particular Classification Level (4e.g. DE4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, will be deemed to have been at least the same skills, ability and qualifications of an employee with the same or lower Classification Level (e.g. DE3). The Employer will continue the current practice of using Cross Trained Employees to perform work in another classification at a DTC only when employees in the other classification at the DTC are not on leave without paya layoff or, have not had their regular hours of work reduced. However, it is also understood that the current practice is also for the Employer to use Cross Trained Employees when there are employees who have had their regular hours of work reduced by the Employer but who are not available to work hours within their classification at the DTC when required by the Employer, or in an emergency. The Employer will make best efforts to assign work to persons in the classification for which they are hired and to use bargaining unit employees who are cross trained to perform work in two classifications in order to efficiently provide driver examination services when required from time to time and as set out above. Section 615.13 If the Company determines it is necessary to send employees home prior to the end of their scheduled shift due to lack of work, the Company will first ask for volunteers. When If the work force number of volunteers is increased after a layoffnot sufficient to meet the operational needs of the company, employees will be recalled sent home in reverse seniority order within the classification following the same principles of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification meeting operational needs as provided set out in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallArticle 15.6

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoffs. Section 1. All employees will be laid off in line of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his their classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he the employee shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1. All In the event it becomes necessary to lay off full-time employees will for bona fide economic reasons, these employees shall be laid off in line the inverse order of least seniority and hired in reverse orderregardless of rank. No employee will new firefighters/paramedics or contract firefighter/paramedics shall be hired by the City as long as there are District until all employees laid off who desire to return to work and are medically able to return to work have senioritybeen recalled. If employees Lieutenants who are demoted as part of a reduction of work force shall be added to be laid offthe firefighter/paramedic class prior to any layoffs. Prior to any layoff and/or demotions, the District shall serve the Union with a thirty (30) calendar day written notice and shall be given give the Union the opportunity to bargain over alternatives to the affected employee proposed layoffs upon written request made within ten (10) days of receipt of such notice. The Union and District agree that in the Union prior event it becomes necessary to the date lay off employees that the services of that employee District shall no longer be required. Section 2not utilize part-time or platoon part time employees. Employees who are subject to layoff within their classification and who are qualified to perform duties of In the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is event it becomes necessary for the officer District to reduce the number of Lieutenants for bona fide economic reasons, these employees shall be placed demoted in the highest step inverse order of “Time In-Grade” as currently defined in the lower classification. Section 46.1. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee Lieutenants who are demoted shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, added to the extent possible for purposes of all rights firefighter/paramedic class prior to any layoffs and benefits, be deemed to have been placed on leave without pay. Section 6a recall promotional list. When the work force If there is increased after a layoffLieutenant vacancy, employees will who are still on the recall promotion list shall be recalled in reverse the inverse order of layofftheir demotion. Notice of recall No new Lieutenants shall be sent promoted by the District until all Lieutenants laid off who desire to the employee at the last known address by registered or certified mail. If an employee fails return to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered and are medically able to return to work have voluntarily terminated with the Citybeen recalled. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1. All (A) Layoffs for lack of work shall be in accordance with straight seniority rules, i.e., the employees will be laid off in line of least seniority and most recently hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice department shall be given to laid-off first, provided always the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who employees retained are qualified to perform duties the work available. When adding to the work forces, those in the department most recently laid-off shall be the first in the department to be re-employed, if available and qualified for the available job. (B) When Layoffs for lack of work affect full-time employees, the City shall notify the Union 30 calendar days in advance. However, in the event of a bonafide emergency (such as equipment failure, unsafe working conditions, or lack of funding) the City will notify the Union at least 3 working days in advance of the next lower classification last day to be worked. The intent of such notification is in declining sequenceorder that an agreement on the application of seniority provisions shall be reached. (C) When layoffs affect permanent full-time employees, mayany employee so affected shall have the right to “bump” any other employees in his/her department who is working and has less seniority, but such employee will then be paid the prevailing rate of pay for the classification, provided that the “bumping” employee is qualified for the job he/she is to assume. However, in order at which they are laid offthe event that application of the foregoing rules result in surplus employees in any department and vacancies exist in any other department, occupy vacant positions of then the City shall transfer such lower classificationssurplus employees to the other departments according to seniority to fill the vacancy, or may displace employees who hold positions of such lower classificationsprovided the City desires to fill the vacancy and the employee is qualified to fill the position. The “bumping” employee shall have the right to use his/her seniority for “bumping” purposes one (1) time only per layoff. Section 3(D) Any full-time employee within the bargaining unit who is working in a department that on occasional days has no work, will be given the opportunity to work within other departments in open positions. An If the employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force is sent home he/she shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of paid four (4) years, reinstated hours pay at regular time. The employees may volunteer to City service, shall, to leave and will be paid only the extent possible for purposes of all rights and benefits, be deemed to have been time on leave without paythe clock. Section 6. When (E) An open position due to layoff must be posted within the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report department for work within thirty three (303) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Citydays. Section 7. When the work force is increased after (F) The most senior employee affected by a layoff, those persons who have voluntarily taken a lower classification as provided reduction in Section 2 and 3 herein, workforce shall have the option right to bump to the lowest senior position within the City for which they are qualified. If the bumping employee cannot bump the lowest senior position due to lack of occupying positions qualifications, then he/she can bump the next more senior position for which open up he/she qualifies. The process will continue for other affected employees in their former classification order of seniority, continuing with no loss of seniority in that classification. This option shallthe next most senior employee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. 20.1 This Article does not refer to probationary employees. Non-renewals or failure to be reappointed after an end-date shall be considered a layoff under this Article, but shall not cause a prior notice to be sent to the Union as required for other layoffs. Notice of layoff due to a non-renewal shall be in accordance with section 20.10. Employees in Research job titles shall be considered grouped under their principal investigator, unless the grant or contract is a program project or UConn Health grant, in which case the employee shall be grouped under the subproject director for consideration of lay off including nonrenewals, seniority and bumping under Section 120.5. All employees At least ten (10) days prior to the decision by UConn Health administration to reduce staff through layoffs, the Associate Vice President for Human Resources or designee will meet with the President of the Union or designee to discuss the anticipated layoffs. At this meeting, bumping options and/or known vacancy options for each person laid off will be laid off in line of least seniority and hired in reverse orderdiscussed. No employee Once notified, all employees impacted by layoff or nonrenewal will be hired by scheduled to meet with a Human Resources designee to discuss their rights under this Article. A union representative may be present at this meeting. 20.2 In all cases requiring the City as long as there are employees laid off who have seniority. If employees are to be laid offtermination of professional staff, a thirty (30) calendar day written notice primary consideration shall be given to UConn Health's responsibility to offer an appropriate range of services and to carry out its mission. 20.3 In all cases it is understood that layoffs shall be compatible with UConn Health's affirmative action policies and take into consideration the affected employee qualifications of the employees and the Union prior to needs of the date that the services of that employee shall no longer be requiredprogram or grant. Section 220.4 When layoff becomes necessary, UConn Health will identify the specific position[s] to be eliminated in a Department. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force Layoffs shall be placed at a rate done in this manner within two separate categories of the new classification pay range which ensures a five employees: those whose assignment authorizations are fifty (50) percent or more and those whose assignment authorizations are less than fifty (5%50) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classificationpercent. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section SECTION 1. All Whenever a reduction in work force becomes necessary, layoffs shall be made on the basis of seniority with the Sheriff's Office. The employee lowest on the seniority list shall be the first laid off and the last to be recalled. The F.O.P. shall be notified in advance of any anticipated lay-off to allow the F.O.P. to work closely with the County and/or Sheriff’s Office to correctly align the determining conditions of the lay-off. SECTION 2. If employees will are to be laid off, a fourteen (14) day written notice shall be given prior to the date when their services shall no longer be required. SECTION 3. No full-time employee shall be laid off from any position classification while there are probationary, part-time or temporary employees working in the same position classification. SECTION 4. In the event that an employee becomes subject to lay-off in his/her particular position classification, and is qualified to perform duties in a lower position classification, he/she shall be permitted to take a position in the next lower position classification at the lower position classification's rate of pay that is closest to the employee’s current rate of pay and any employees in the lower position classification subject to lay-off by virtue of the provisions of this Section, shall be laid off in line accordance with the provisions of least seniority Section 1 hereof. SECTION 5. In the event that an employee becomes subject to lay-off in his/her particular position classification and hired a vacancy exists in a position of lower position classification for which he/she is qualified, he/she may, with the approval of the Sheriff, or his/her designated representative, be appointed to such position in a lower position classification on the basis of his/her seniority. SECTION 6. The names of regular employees who have been laid off shall be placed on a lay-off list maintained by the Sheriff. The Sheriff shall rehire in the reverse orderorder of the lay-off, provided such employees are otherwise qualified to perform the duties of the position. No employee new employees will be hired by the City Sheriff as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees seniority who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications.immediately capable of Section 3SECTION 7. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, Where an employee takes has accepted a position in a lower position classification in accordance with Section 2 and 3 by virtue of Sections 4 or 5 hereof, and a reduction in force becomes necessary in such lower classification, such employee he/she shall be credited with seniority earned recalled to his/her former position when the same becomes available in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityreduction. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1Seniority shall be the determining factor for layoffs and recall from layoff. All employees will An employee whose position is abolished or transferred shall, in lieu of layoff, be laid off entitled to displace the least senior employee in line of least seniority and hired the same or lower grade at the employee’s worksite who is in reverse order. No a position for which the more senior employee will be hired is qualified, as determined by the City as long as there are employees laid off Judicial Branch. An employee, who have seniority. If employees are has received a layoff notice, must make the decision to be laid offdisplace another employee, a thirty in writing, within three (303) calendar day written workdays of receiving the notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2layoff. Employees who are subject so displaced shall likewise be entitled to layoff within their classification and who displace less senior employees, as described above. Employees whose positions are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary funded by grants for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of less than four (4) yearsyears initially are not eligible to displace other employees when their positions are abolished or transferred. Those whose grants are initially funded for four (4) years or more are eligible to displace other employees when their positions are abolished or transferred. For purposes of the above paragraph, reinstated to City service"worksite" shall mean the facility in which the employee works. If there is more than one court located in a single facility, then the employee's court or office headquarters shall be the worksite. If the court has a “consolidated clerk’s office” with one or more physical locations working under one (1) Clerk of Court/Deputy Clerk, worksite shall mean any of the physical locations within the consolidated offices. However, in the event of a worksite closing, an employee whose position is abolished shall, to the extent possible for purposes in lieu of all rights and benefitslayoff, be deemed entitled to have been on leave without paydisplace the least senior employee in the same or lower grade in a worksite up to 35 miles from the employee's worksite, or the nearest worksite if all are beyond 35 miles, who is in a position for which the more senior employee is qualified, as determined by the Judicial Branch. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Supervisory Services Bargaining Unit Agreement, Supervisory Services Bargaining Unit Agreement

Layoffs. Section 1. All employees (a) Lay-offs will be in inverse order of departmental seniority providing those remaining have the skill, ability and qualifications to perform the available work. (b) An employee to be laid off for more than two working days may, at the time of the lay-off, exercise their seniority to displace a junior employee in line another department. (c) Seniority shall not be exercised outside the employee's department in the case of least a temporary lay-off, which shall be defined as not exceeding two (2) working days except after an employee has been temporarily laid off three (3) times in a contract year, each of which was for half a day or more, the employee's seniority and hired may then be exercised to displace a junior employee in reverse order. No another department on subsequent temporary lay-offs of more than one (1) day for the balance of that contract year. (d) In the case of lay-off, an employee who displaces in another department or is assigned other work in their own department will be hired by paid the City as long as there are employees laid off who have seniorityrate for the job they perform. If employees are Employees to be laid off, a thirty (30) calendar day written notice off from employment shall be given to 2 regular shifts' notice or payment in lieu thereof except when a lay off is the affected employee and the Union prior to the date that the services result of that employee shall no longer be required. Section 2equipment or production facility breakdown. Employees who are subject moving within the company will be posted in each affected department with two regular shifts notice. (e) In the case of a lay off, a senior employee must opt to accept layoff within or exercise their seniority into the highest paying classification designated for displacement provided the employee has previously performed the job, and who are qualified the employee has the skill, ability and the qualifications necessary to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classificationswork, or may displace employees who hold positions of such lower classificationsthe job is classified as Factory General, Pack Off, or Sub-Assembly Worker and the employee has the skill, ability and qualifications necessary to perform the work. Section 3. An employee who voluntarily requests demotion or another position in order (f) The Company agrees that they will provide notification of any layoffs to remain in the classified service following a reduction in force shall be placed committee person at a rate of Plant #1 and the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer committee person at Plant #4 prior to be placed in the highest step in the lower classificationposting any such notice. Section 4. Where(g) For the purpose of displacement, by virtue of a reduction of following an 8-hour familiarization period, the workforce, an employee takes a position in a lower classification in accordance with Section 2 employees must have the skill and 3 hereof, ability and a reduction in force becomes qualifications necessary in such lower classification, such employee shall be credited with seniority earned in his classificationto perform their work. Section 5. Any employee who is laid off due to (h) After a reduction in work force and thereafterlayoff notice has been issued, within a period of four (4) years, reinstated to City service, shall, to the extent possible layoff notice could be postponed for purposes of all rights and benefits, be deemed to have been on leave one day with posted notice without payan additional 48 hours notice. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1(a) In the event of a permanent layoff within a job classification in one department, probationary employees within that job classification in one department shall be laid off first without regard to their individual periods of employment. All Non- probationary employees shall be the next to be laid off on the basis of their bargaining unit seniority within the affected job classification within one department. (b) In the event an employee is scheduled to be permanently laid off in one department and there exists a vacant position in another department, which the employee has the skill and ability to perform, bargaining unit seniority within the affected job classification shall prevail in assigning such employees to be laid off to such vacant jobs. This provision is not intended to circumvent the article on promotions. (c) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job. The least senior employee shall be permanently laid off. In the event the employee originally scheduled to be permanently laid off does not wish to exercise his/her rights to bump or take a vacancy which may be available such employee shall be deemed to be permanently laid off. (d) In the event that an employee is reassigned to either a vacant position or the position held by the least senior employee within the job classification and department, he/she shall serve an eight (8) week probationary period, during which he/she may be removed from the position and shall be laid off if his/her performance is not satisfactory in the opinion of Management, but such action will be subject to Article 32 of this Agreement (Grievance Procedure). (e) A non-probationary employee shall not be permanently laid off if, at the time of the prospective layoff, temporary work is available in the classification of the employees scheduled to be laid off that the employee is qualified to perform and the employee accepts the assignment and schedule required of the temporary position. At the time of the permanent layoff, it should be the employee’s option to accept such assignment or to exercise rights under the layoff and recall provision of this Article. (f) If the employee accepts such temporary assignment, the employee is not permanently laid off and remains an employee with recall rights commencing from the effective date of permanent layoff stated in the Notice Letter. At the end of the temporary assignment, if another temporary assignment, for which the employee is qualified, is not available the employee will be laid off and receive severance pay equal to the difference between the weeks in line the temporary assignment and the severance pay as outlined under Article 20 of least seniority and hired in reverse orderthe collective bargaining agreement, if any. No employee In the event that a non-temporary position exists at the end of the temporary assignment the above recall procedures shall apply. This provision will be hired by the City as long as there are employees laid off who have senioritynot apply to probationary employees. If employees are This provision will not apply to be intercession or summer furloughs. (g) When an Employee is temporarily laid off, is given a thirty definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective May 1, 2006 to Section 590.11 of the Labor Law, the University will pay such employee the sum of up to $204.00 per week ( the deduction shall not exceed up to $40.80 per day) effective April 1, 2002 during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the layoff period. There will be a one (301) calendar day written notice shall week waiting period per year during the Summer recess to receive the above payment. Under no circumstances will the above payment be made after the return date given to employee at the affected employee and the Union prior time of layoff, or during a period for which Unemployment Compensation Benefits are paid. The University shall continue to contribute to the date that National Benefit Fund for Hospital and Health Care Employees on behalf of said Employee at the services same rate during the period of that employee shall no longer be requiredtemporary layoff for the duration of the contract. Section 2(h) Prior to each recess, the parties shall agree on a list of Employees ready to work or not ready to work during recess. Employees If an Employee who are subject is listed as ready to layoff within their classification and who are qualified work declines to perform duties work when called by management, the Employee’s name will be removed from the recall list for the remainder of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsrecess period and management will give notification to the Union. Section 3. An employee who voluntarily requests demotion or another position in order (i) The Employer agrees to remain in give the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer Employee to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is permanently laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to weeks notice of the extent possible for purposes layoff. In the event of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a temporary layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallduring

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1(a) In the event of a permanent layoff within a job classification in one department, probationary employees within that job classification in one department shall be laid off first without regard to their individual periods of employment. All Non- probationary employees shall be the next to be laid off on the basis of their bargaining unit seniority within the affected job classification within one department. (b) In the event an employee is scheduled to be permanently laid off in one department and there exists a vacant position in another department, which the employee has the skill and ability to perform, bargaining unit seniority within the affected job classification shall prevail in assigning such employees to be laid off to such vacant jobs. This provision is not intended to circumvent the article on promotions. (c) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job. The least senior employee shall be permanently laid off. In the event the employee originally scheduled to be permanently laid off does not wish to exercise his/her rights to bump or take a vacancy which may be available such employee shall be deemed to be permanently laid off. (d) In the event that an employee is reassigned to either a vacant position or the position held by the least senior employee within the job classification and department, he/she shall serve an eight (8) week probationary period, during which he/she may be removed from the position and shall be laid off if his/her performance is not satisfactory in the opinion of Management, but such action will be subject to Article 32 of this Agreement (Grievance Procedure). (e) A non-probationary employee shall not be permanently laid off if, at the time of the prospective layoff, temporary work is available in the classification of the employees scheduled to be laid off that the employee is qualified to perform and the employee accepts the assignment and schedule required of the temporary position. At the time of the permanent layoff, it should be the employee’s option to accept such assignment or to exercise rights under the layoff and recall provision of this Article. (f) If the employee accepts such temporary assignment, the employee is not permanently laid off and remains an employee with recall rights commencing from the effective date of permanent layoff stated in the Notice Letter. At the end of the temporary assignment, if another temporary assignment, for which the employee is qualified, is not available the employee will be laid off and receive severance pay equal to the difference between the weeks in line the temporary assignment and the severance pay as outlined under Article 20 of least seniority and hired in reverse orderthe collective bargaining agreement, if any. No employee In the event that a non-temporary position exists at the end of the temporary assignment the above recall procedures shall apply. This provision will be hired by the City as long as there are employees laid off who have senioritynot apply to probationary employees. If employees are This provision will not apply to be intercession or summer furloughs. (g) When an Employee is temporarily laid off, is given a thirty definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective May 1, 2006 to Section 590.11 of the Labor Law, the University will pay such employee the sum of $220.00 per week ( the deduction shall not exceed $44.00 per day) effective April 1, 2002 during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the layoff period. There will be a one (301) calendar day written notice shall week waiting period per year during the Summer recess to receive the above payment. Under no circumstances will the above payment be made after the return date given to employee at the affected employee and the Union prior time of layoff, or during a period for which Unemployment Compensation Benefits are paid. The University shall continue to contribute to the date that National Benefit Fund for Hospital and Health Care Employees on behalf of said Employee at the services same rate during the period of that employee shall no longer be requiredtemporary layoff for the duration of the contract. Section 2(h) Prior to each recess, the parties shall agree on a list of Employees ready to work or not ready to work during recess. Employees If an Employee who are subject is listed as ready to layoff within their classification and who are qualified work declines to perform duties work when called by management, the Employee’s name will be removed from the recall list for the remainder of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsrecess period and management will give notification to the Union. Section 3. An employee who voluntarily requests demotion or another position in order (i) The Employer agrees to remain in give the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer Employee to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is permanently laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to weeks notice of the extent possible for purposes layoff. In the event of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a temporary layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent during intercession or during the summer, the Employer agrees to give the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty Employee two (302) calendar days weeks notice of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Citylayoff. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Section 1. All employees will be laid off in line of least seniority as a Deputy and hired in reverse order. No employee will be hired by the City County as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification the Department and who are qualified to perform duties of the next lower classification in declining sequence, persons with less seniority may, in the order at which they are laid off, occupy vacant positions of such lower classifications, or persons with less seniority than the person which may displace employees who hold positions of such lower classificationsbe laid off. Section 3. An employee who voluntarily requests demotion or another position in order to remain in within the classified service Department following a reduction in force force, shall be placed at a pay rate of the new classification pay range which ensures insures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer employee to be placed in the highest step in the lower classificationnew position. Section 4. Where, by virtue of a reduction of in the workforce, an employee takes a position in a lower classification in accordance with Section according to Sections 2 and 3 hereof, and a reduction in force becomes necessary in such lower classificationposition, such the employee shall be credited with seniority earned in his classificationall positions. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City County service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layofflay-off, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an Upon mailing of such notice, the employee fails to report for work within thirty has ten (3010) calendar days of thereafter to report to the date of mailing of Department Head his intention to return to work within two (2) calendar weeks, or the recall notice, he employee shall be considered to have voluntarily terminated with the CityCounty. In the event of layoff, it shall be the obligation of the employee to keep the Department Head or his Chief Deputy informed of the employee's current mailing address. Section 7. When the work force is increased after a layofflay-off, those persons who have voluntarily taken a lower classification lesser position as provided in Section Sections 2 and 3 hereinhereof, shall have the option of occupying positions which open up in their former classification position with no loss of seniority in that classificationseniority. This option shallshall be exercised as the higher position becomes available dependent upon prior seniority in the higher position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 15.1 For the purposes of this Agreement, a “layoff” will be deemed to occur when the availability of work for seniority employees is decreased to the extent that no work is available for one or more employees at a DTC for six (6) consecutive days or more. 15.2 If the Company determines that one (1. All ) or more employees in a DTC will be laid off for six (6) consecutive days or more on which days such employees would normally be scheduled to work, the Company will lay off employees by laying off Term Employees, followed by employees who are on Probation within their classification. 15.3 The Company will respect union seniority in line the lay-off and recall process. Therefore, the Company will not lay-off a seniority employee if a seniority employee with less seniority at the same DTC and in the same classification (e.g. DE) is not laid off, regardless of least either employee’s part time or full time status or their classification level (e.g. DE3). Displacement will continue to be based on seniority regardless of full time or part time status. (i) This article 15.3 only applies if the higher seniority employee: • has the skills, ability and hired qualifications to perform the work that is required to be performed at the DTC, • is willing and able to accept the work hours and work schedule that is required to meet the operational needs of the DTC as determined by the Company, and • is bilingual where this qualification is required to meet the operational needs of the DTC (ii) The Company must act reasonably in reverse order. No assessing these operational needs. (iii) For the purpose of this article 15.3, an employee with a particular classification level (e.g. DE4) will be hired by deemed to have at least the City as long as there are employees laid off who have seniority. If employees are same skills, ability and qualifications of an employee with the same or lower classification level (e.g. DE3). 15.4 In the event that a seniority employee is about to be laid offoff at her/his own DTC, the employee may use his/her seniority within his/her classification to displace another employee within his/her DTC. If there is a thirty (30) calendar day written notice shall be given failure to secure employment via this manner, the affected individual shall have the opportunity to bump at any DTC within the seniority pool another employee and with the Union prior to least seniority in the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their same job classification and who are qualified classification level or lower and in either the full time or part time job category level provided that such employee is available to perform duties work the hours of the next lower employee that is being displaced at such other DTC. It is also understood that if an employee within a classification is about to be laid off at his/her own DTC and is unable to displace another employee within his own classification and classification level at his own DTC as referred to above, such affected employee may also displace another employee within his/her classification at any DTC within the seniority pool who has the least seniority within the classification but who is at a higher classification level provided that such employee has all of the qualifications, skills and abilities to immediately perform the work in declining sequence, may, in order at the higher level classification into which they are laid offexercising bumping rights. (i.e. A qualified DE3 with DE4 qualifications displacing a DE4 employee at another DTC within the seniority pool, occupy vacant positions of where such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3DE4 displaced employee is the least senior employee within the DE classification level). An employee who voluntarily requests demotion or another position displaces an employee in order to remain in a classification level that is lower that the classified service following a reduction in force shall employee’s own level will be placed at a paid the rate of pay that is applicable to the new lower classification pay range which ensures level of pay. 15.5 In the event that the Company plans to implement a permanent layoff of employees, the Company will provide such notice as required under the Employment Standards Act. In the event that the Company plans to implement a temporary layoff that is expected to be for a period of six (6) days or more, the Company will provide full-time seniority employees with ten (10) calendar days notice and, part-time seniority employees with five percent (5%) reduction calendar days notice. The Company will have the option to provide a payment in salarylieu of any notice of layoff. 15.6 In the event of any layoff, unless a larger reduction the Company shall layoff employees on the basis of the following classifications, provided that there always remain on the job employees who have the ability (including without limitation, the ability to immediately perform their duties bilingually when the Company determines that it is necessary for the officer employee to be placed bilingual), qualifications, and availability to perform the work that is required by the Company at a DTC. The classifications that will be referred to for the purposes of this Agreement are as follows: • Driver Examiners • Customer Service Agents It is understood and agreed that if a part-time employee bumps the least senior full-time employee as part of the above-noted procedure, the part-time employee must accept the displaced employee’s full- time position and hours of work that are available within the full- time schedule and be governed by the full-time provisions of this Agreement. It is understood and agreed that if a full-time employee bumps the least senior part-time employee as part of the above-noted procedure, the full-time employee must accept the displaced employee’s part-time position and available hours and be governed by the part-time provisions of this Agreement. (a) An employee who is subject to lay-off shall have the right to either: (i) accept the layoff; or (ii) An employee who is subject to layoff will be entitled to exercise her/his seniority in order to displace an employee with the least seniority in the highest step same job classification provided that the more senior employee is ready, willing, and available to work the shifts that were being worked by the displaced employee, and has the qualifications required to perform the work, and is bilingual where such qualification is necessary. (iii) An employee who is displaced as a result of lay off as set out in 15.6 (a) (ii) above, will be entitled to exercise her/his seniority in order to displace an employee with the least seniority in an equal or lower paid job classification provided that the employee is ready, willing and available to work the shifts that were being worked by the displaced employee, and has the qualifications required to perform the work and is bilingual where such qualification is necessary. (b) Recall - In the event of a recall, laid off employees with seniority shall be recalled in the reverse order of their displacement through layoff to the DTC, classification and category from which they were laid off or, to another equal or lower paid classification. Section 4. Where, provided that the employee is ready, willing and available to work the shifts that are being worked by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereofdisplaced employee, and a reduction in force becomes necessary in has the qualifications required to perform the work and is bilingual where such lower classification, such qualification is necessary. No new employee shall be credited with seniority earned in his classification. Section 5. Any employee who is hired to actually perform duties within a classification and classification level, until all laid off due to a reduction in work force employees within such classification and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shalllevel

Appears in 1 contract

Samples: Collective Agreement

Layoffs. When making a reduction in the number of employees in a department for any reason, and when rehiring within the recall period as covered in Section 1. All 4(g) of this Article, the following procedures shall govern. (a) Employees who have not established seniority in the department shall be laid off first. (b) Apprentices, if any, shall be laid off second. (c) Thereafter, employees will shall be laid off in line the inverse order of least their established seniority by department. (d) The only exception to (c) above is when and hired in reverse order. No employee with lessor seniority has demonstrated skills not possessed by others and, then, he/she can be retained. (e) An employee displaced from his/her position as a result of a lay off or job elimination will be hired given the opportunity to work in a declared vacancy in another department if the employee has the ability and qualifications to sufficiently perform the available work as determined by the City as long as there are employees laid off who have seniorityCity. If employees his/her ability and qualifications are to be laid offequal, City seniority shall prevail. If hired into a thirty (30) calendar day written notice shall be given to new department, the affected employee and the Union prior to the date that the services of that employee shall no longer start his new department seniority on his/her first day and be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification on probation in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent that department for ninety (5%90) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified maildays worked. If an employee fails quits, is terminated, or becomes unable to report for work within thirty work, that position will be opened unless determined otherwise by the Mayor or the Mayor’s designee. The determining factor will be the workload in that department at that time. (30f) calendar days If there are no vacancies in the other departments, the employee may use their departmental seniority to bump the most junior employee in that department, or his/her City seniority to bump the most junior employee in the bargaining unit provided that employee is not in the process of securing a license or certification, is licensed or certified, or possesses skills and qualification unique to that department. In that instance, the date employee would bump the next most junior employee. When an employee bumps another employee because of mailing of a reduction in a classification, the recall noticeemployee must have the qualifications and ability to sufficiently perform the available work. (g) When recalling employees from layoff status, he employees shall be considered physically able to perform the available work and have voluntarily terminated with the City. Section 7ability and qualifications to sufficiently do the job. When ability and qualifications to sufficiently perform the available work force is increased after a layoffare equal, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, departmental seniority shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallprevail.

Appears in 1 contract

Samples: Labor Agreement

Layoffs. Section 1a) When circumstances require a reduction in the number of employees in a particular job classification, the employee in that job classification having the least amount of plant seniority will, provided the employees retained have the qualifications and ability to perform the work required, be laid off with recall rights if they so elect or, be permitted to displace an employee in the next lower available classification in the department, in which they have the qualifications and ability to perform the work available and if the employee in the lower classification has less plant seniority. All The employee with the least plant seniority will be displaced. b) After being displaced out of their departments, employees will be laid off in line on the basis of least their plant seniority provided the employees retained have the qualifications and hired in reverse orderability to perform the work required. No This means that if an employee will be hired by the City as long as there are employees laid off who have seniority. If employees are is scheduled to be laid off, they will have the right of displacing an employee in a thirty (30) calendar day written notice shall be given to higher job classification providing they have the affected employee qualification and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified ability to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An work required and providing that an employee who voluntarily requests demotion or another position in order to remain in the classified service following higher classification has less plant seniority. When a reduction in force shall be placed at a rate of senior employee does not have the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer qualifications and ability to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes bump into a position in a lower the plant, the employee, in the course of each layoff, will be allowed to displace another employee once, with less seniority, in the following entry-level positions, providing the employee meets the physical requirements: Firstly, the Slitting Assistant and Pouch Making Packer positions. The total number of employees to be displaced in these entry- level positions cannot exceed 25% of the required staffing. Secondly, if the 25% of required staffing in the Slitting Assistant and Pouch Making Packer positions is exceeded, the Assistant classification in accordance with Section 2 all departments and 3 hereofthe General Utility classification will then be utilized, and up to a reduction maximum of 25% of required staffing, as entry level positions during a layoff. It is understood that where an employee does not meet the physical requirements to displace an employee in force becomes necessary certain classifications, they will retain the right to displace an employee in such lower classificationan available position set out in this article where they do have the physical requirements to perform the job. c) If circumstances require, such employee a temporary layoff may be declared in which case the layoff provisions of this agreement do not apply. A temporary layoff shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to defined as a reduction in work force and thereafter, within a period of layoff which does not exceed four (4) yearsworking days. When a temporary layoff occurs, reinstated the Company will lay off within the affected department by plant seniority. Where a temporary layoff occurs for a period less than 48 hours, the Company will lay off within the affected classification by crew by plant seniority within the affected department. d) Whenever an employee is displaced under the provisions of Article 9.02, and they waives their right to City servicebump into another classification, shallas per the provisions of Article 9.02, then this employee will be recalled only to the extent possible for purposes of all rights last department and benefits, be deemed to have been on leave without payclassification that they held before being laid off. Section 6. e) When the recalling employees to work force is increased after a layoff, employees will they shall be recalled called in reverse order of layoff. Notice of recall shall be sent to that in which they have been laid off, provided the employee at employees recalled have the last known address by registered or certified mail. If an employee fails qualifications and ability to report perform the work required. f) Scheduled plant shutdowns for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall summer and Christmas purposes will not be considered to have voluntarily terminated with as layoffs under the Cityterms of this agreement. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 1. All employees In the event of indefinite layoffs, associates will be laid off affected in line order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have job classification seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date provided that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their most senior associates remaining in the job classification and who are qualified to perform duties the required work. It is understood that the Company will make all job reassignments resulting from any work force reduction in the following manner: (1) The Company will first look to place the affected associate within his classification in his department within the same department family, based upon his Company seniority, provided the associate can perform the required work with five (5) days orientation and instruction, except where the associate bumps up he must be immediately qualified to perform the required work. (2) If no job of the next lower same or higher labor grade can be filled within the aforesaid department, the associate may elect to displace the least senior associate within his classification in declining sequence, mayon his or her shift or an alternative shift, in order at which any other department within the same family, based upon his Company seniority, provided the associate can perform the required work with five (5) days orientation and instruction. (3) If no job can be filled within the same department family, the associate may elect to displace the least senior associate in any same or lower grade on his or her shift or an alternative shift, in a department in a different family based upon his Company seniority, provided he can perform the required work with five (5) days orientation and instruction. (4) Associates reassigned by the Company to a job resulting from the work force reduction will have five (5) full working days to demonstrate that they are laid off, occupy vacant positions of such lower classificationsable to do the new job. Associates who cannot perform the job reassignment satisfactorily will have the following options:  To fill an entry level job opening, or may  To displace employees who hold positions of such lower classificationsa probationary associate, provided the associate has the ability and skill to do the required work, or  To displace the least senior associate in labor grade 7 provided the associate can display his ability to perform the required work with ten (10) working days orientation and training. If the associate is unable to displace the least senior associate due to physical limitations, the associate shall be allowed to displace other associates in reverse seniority order from the least senior as necessary in order to be placed. Section 3(5) An associate who displaces another associate in this manner will have ten (10) working days to display his ability to satisfactorily perform the work. Failure on the part of the associate to demonstrate his ability to perform the work required will result in his being laid off with no further displacement rights. An employee who voluntarily requests demotion is displaced from his or her job may choose to take a layoff rather than bump to another position in order position. The associate will have a twenty-four (24) hour period to remain in decide a bump/layoff. When a shift change is involved, the classified service following associate will have forty-eight (48) hours to make the decision. An associate assigned to a reduction in force lower grade shall be placed at a rate paid within the framework of the new classification pay range which ensures grade. Employees who bump into a five percent position more than two (5%2) reduction in salarylabor grades lower than their current rate will, unless for a larger reduction six (6) month period, be paid at the rate associated with two (2) labor grades below their current rate. The parties further agree that temporary layoffs caused by shortage of materials or other reasonable conditions may be made from time to time without regard to seniority, subject to the below conditions: a. Where other work is necessary for the officer to available employees will be placed in open positions for which they are qualified to perform the highest step work. b. Where other work is not available the company will solicit volunteers from the affected work area to leave work on a no-point no-pay basis. c. If there are insufficient volunteers, the company will layoff employees in the lower classificationaffected area based on inverse seniority provided that the remaining employees can perform the required work. Section 4. Whered. Employees from the affected work area can displace a probationary employee anywhere in the plant, by virtue provided they are capable of a reduction of performing the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classificationwork without training. Section 5. Any e. No employee who is may be laid off due without regard to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallexcess of forty (40) hours per calendar year.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees The Company and the Union accept the principle of in lay-offs and recalls and agree that seniority will govern if the Employee possesses the required qualifications and ability, according to the following steps. (a) Casual Employees within a Seniority Group shall be laid off in line of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are first to be laid off. The Employee with the least Group seniority within the Department affected by the layoff shall have the option of accepting the layoff or exercising his or her seniorityrights as follows. The Employee may: Exercise group seniority to employee the same status (i.e. full-time or part-time) and within the same group at the branch, or If no position is available at the branch, the employee may exercise company seniority to bump an employee with less company senioritywithin the same group at any branch covered by this agreement. The employee in this case shall retain their company seniority and group seniority upon transfer to the new branch. If the Employee does not obtain a thirty (30) calendar day written notice position through the exercise of seniority rights, the Employee shall be given laid off. When adding to the affected employee force of Employees covered by this Agreement, any Employees previously laid off will be taken on the basis of Group seniority if the Employee possesses the required minimum qualifications and ability to perform the Union prior to the date that the services of that employee shall no longer be required. Section 2job. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer wish to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due considered for recall to a reduction in work force and thereafter, within different Group at the Branch must submit a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6written standing application. When the work force is increased after a layoff, employees These Employees will be recalled in reverse order of layoff. Notice of recall shall be sent to considered based on Company seniority if the employee position is not filled within the Group at the Branch. The Company will notify such Employees at their last known address by registered or certified mail. If an employee fails such Employees fail to report for work within thirty five (305) calendar working days after notification, the standing as an Employee of any such person failing to report within five (5) days will be forfeited. In the date event of mailing a lay-off, Employees employed more than three (3) consecutive months will receive two (2) weeks notice of the recall such layoff or two (2) weeks pay in lieu of notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 1. All employees will The following procedure shall be laid off followed in line of layoffs: a. The employee having the least seniority and hired in reverse order. No employee will a position within the work area affected shall be hired by the City as long as there are employees laid off who have seniority. If employees are to be first laid off, a thirty (30) calendar day written notice shall be given to . The Floating O&M Technician is still within the affected employee O&M Technician classification and the Union prior to the date will retain seniority within this group. The fact that the services Floating O&M Technician is receiving additional pay does not prevent someone in a Floating O&M Technician position from being bumped from this position by an O&M Technician as a result of that employee shall no longer be requiredlayoffs within the O&M Technician classification. Section 2. Employees who b. The seniority groups are subject to layoff within their classification identified as follows: Electronics, Antenna, and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3Logistics. An employee who voluntarily requests demotion may then displace another employee with the least bargaining unit seniority in any equal or another lower-rated position in order within the seniority group; provided, the employee has more bargaining unit seniority than the displaced employee and is qualified and able to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When perform the work force is increased after a layoff, employees will be recalled in reverse order without loss of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work efficiency within thirty (30) calendar days from the date the employee assumes the duties. c. If such employee is unable to displace any employee within the employee’s seniority group as provided above, the employee may exercise bumping rights in any other seniority group in any equal or lower-rated position; provided, the employee has more bargaining unit seniority than the displaced employee and is qualified and able to perform the work without the loss of efficiency within thirty (30) calendar days from the date the employee assumes the duties. d. Such employee must notify the Company in writing of their intention to exercise bumping rights within two (2) working days of the date Company's layoff notice. An employee so displaced may similarly exercise seniority rights of mailing of displacing another employee in accordance with the recall noticesame criteria. e. If such employee is unable to displace any employee as provided above, he the employee shall be considered removed from the payroll and placed on layoff. In all cases of layoff, the Company will give no less than two (2) weeks' notice of contemplated layoff to have voluntarily terminated with the Cityemployee affected, or at the Company's option, the employee may be paid up to two (2) weeks' pay in lieu of notice. Section 7. When f. If such displaced employee is unavailable due to vacation, extended leave, etc., at the work force time the employee is increased after a displaced, the employee will, on their return, have up to forty-eight (48) hours on an unpaid temporary layoff basis to elect to exercise bumping rights or accept the layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees (a) Lay-offs will be in inverse order of departmental seniority providing those remaining have the skill, ability and qualifications to perform the available work. (b) An employee to be laid off for more than two working days may, at the time of the lay- off, exercise their seniority to displace a junior employee in line another department. (c) Seniority shall not be exercised outside the employee’s department in the case of least a temporary lay-off, which shall be defined as not exceeding two (2) working days except after an employee has been temporarily laid off three (3) times in a contract year, each of which was for half a day or more, the employee’s seniority and hired may then be exercised to displace a junior employee in reverse order. No another department on subsequent temporary lay-offs of more than one (1) day for the balance of that contract year. (d) In the case of lay-off, an employee who displaces in another department or is assigned other work in their own department will be hired by paid the City as long as there are employees laid off who have seniority. If employees are rate for the job they perform. (e) Employees to be laid off, a thirty (30) calendar day written notice off from employment shall be given to 2 regular shifts’ notice or payment in lieu thereof except when a lay off is the affected employee and the Union prior to the date that the services result of that employee shall no longer be required. Section 2equipment or production facility breakdown. Employees who are subject moving within the company will be posted in each affected department with two regular shifts notice. (f) In the case of a lay off, a senior employee must opt to accept layoff within or exercise their seniority into the highest paying classification designated for displacement provided the employee has previously performed the job, and who are qualified the employee has the skill, ability and the qualifications necessary to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classificationswork, or may displace employees who hold positions of such lower classificationsthe job is classified as Plastisol and Epoxy Racker, Factory General, Sub-Assembly Worker and the employee has the skill, ability and qualifications necessary to perform the work. Section 3. An employee who voluntarily requests demotion or another position in order (g) The Company agrees that they will provide notification of any layoffs to remain in the classified service following a reduction in force shall be placed committee person at a rate of Plant #1 and the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer committee person at Plant #4 prior to be placed in the highest step in the lower classificationposting any such notice. Section 4. Where(h) For the purpose of displacement, by virtue of a reduction of following an 8-hour familiarization period, the workforce, an employee takes a position in a lower classification in accordance with Section 2 employees must have the skill and 3 hereof, ability and a reduction in force becomes qualifications necessary in such lower classification, such employee shall be credited with seniority earned in his classificationto perform their work. Section 5. Any employee who is laid off due to (i) After a reduction in work force and thereafterlayoff notice has been issued, within a period of four (4) years, reinstated to City service, shall, to the extent possible layoff notice could be postponed for purposes of all rights and benefits, be deemed to have been on leave one day with posted notice without payan additional 48 hours notice. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees (a) Lay-offs will be in inverse order of departmental seniority providing those remaining have the skill, ability and qualifications to perform the available work. (b) An employee to be laid off for more than two working days may, at the time of the lay-off, exercise their seniority to displace a junior employee in line another department. (c) Seniority shall not be exercised outside the employee’s department in the case of least a temporary lay-off, which shall be defined as not exceeding two (2) working days except after an employee has been temporarily laid off three (3) times in a contract year, each of which was for half a day or more, the employee’s seniority and hired may then be exercised to displace a junior employee in reverse order. No another department on subsequent temporary lay-offs of more than one (1) day for the balance of that contract year. (d) In the case of lay-off, an employee who displaces in another department or is assigned other work in their own department will be hired by paid the City as long as there are employees laid off who have seniorityrate for the job they perform. If employees are Employees to be laid off, a thirty (30) calendar day written notice off from employment shall be given to 2 regular shifts’ notice or payment in lieu thereof except when a lay off is the affected employee and the Union prior to the date that the services result of that employee shall no longer be required. Section 2equipment or production facility breakdown. Employees who are subject moving within the company will be posted in each affected department with two regular shifts notice. (e) In the case of a lay off, a senior employee must opt to accept layoff within or exercise their seniority into the highest paying classification designated for displacement provided the employee has previously performed the job, and who are qualified the employee has the skill, ability and the qualifications necessary to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classificationswork, or may displace employees who hold positions of such lower classificationsthe job is classified as Factory General, Sub-Assembly Worker and the employee has the skill, ability and qualifications necessary to perform the work. Section 3. An employee who voluntarily requests demotion or another position in order (f) The Company agrees that they will provide notification of any layoffs to remain in the classified service following a reduction in force shall be placed committee person at a rate of Plant #1 and the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer committee person at Plant #4 prior to be placed in the highest step in the lower classificationposting any such notice. Section 4. Where(g) For the purpose of displacement, by virtue of a reduction of following an 8- hour familiarization period, the workforce, an employee takes a position in a lower classification in accordance with Section 2 employees must have the skill and 3 hereof, ability and a reduction in force becomes qualifications necessary in such lower classification, such employee shall be credited with seniority earned in his classificationto perform their work. Section 5. Any employee who is laid off due to (h) After a reduction in work force and thereafterlayoff notice has been issued, within a period of four (4) years, reinstated to City service, shall, to the extent possible layoff notice could be postponed for purposes of all rights and benefits, be deemed to have been on leave one day with posted notice without payan additional 48 hours notice. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees will A. An employee may be laid off by the City Manager in line the manner herein provided when there is lack of least work or funds, abolition of either full-time or part-time position, or material changes in duties or organization which require a reduction in personnel. No regular employee, however, shall be laid off while there are Emergency, Temporary, Seasonal, probationary, or other non-regular status employees serving in the same class. B. When the need arises for laying off either full-time or part-time regular employees in any department for any of the reasons enumerated in Section 1 hereof, the order of layoff shall be determined by taking into account both service ratings and seniority. It is specifically understood that layoffs will be by classification on a city-wide basis. When other qualifications are substantially equal, City seniority will govern. When City seniority is the same, time in classification will govern. When City seniority and hired time in reverse orderclassification are the same, the order of layoff shall be determined by a coin toss. No When determining the order of layoff for part- time employees, City seniority shall be defined by the number of completed continuous service hours. C. An employee who is designated to be laid off shall have the opportunity to revert to the classification he/she held prior to his/her current classification. If a vacant position exists within such employee’s prior classification, the employee will be hired by assigned to the City as long as there are employees laid off who have seniorityvacant position. If employees are to be laid offno vacant position exists within such employee’s prior classification, a thirty (30) calendar day written notice and this movement requires further reduction in the work force, the same procedure shall be given to the affected employee utilized for subsequent positions in accordance with this section, and the Union prior to process continued through the date ranks thereafter. The provisions of this and the following section are based on the premises that the services of the affected employee have been satisfactory and that employee shall no longer be requiredhe/she is physically and mentally capable of efficiently discharging the duties of another position in the same or lower class. Section 2. Employees D. Names of regular employees who are subject to layoff laid off shall be placed on the re-employment list for the appropriate class for re-employment within their classification and who are qualified to perform duties of one year thereafter when vacancies in the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3class occur. An employee who voluntarily requests demotion is eligible to have his/her name placed on a re-employment list may, on written request and with the approval of the Human Resources Director and the City Manager or another position designee, have his/her name also placed on re-employment lists for the same or lower classification requiring essentially the same or lesser qualifications within a class series or for other classes in order to remain in which the classified service following a reduction in force employee previously had regular status. Names shall be placed at a rate of on the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed re-employment list in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the CityCity seniority. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees Employees will be laid off by order of seniority, low seniority first. All employees retained must be able to perform the required work within their classification at the required quality and performance standards. • Employees will remain in line their classification by order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are In the event of a layoff projected not to be laid off, a exceed thirty (30) calendar day written notice workdays, volunteers will be solicited and will be given priority as long as they remaining employees can perform the job safely. In the event there are not enough volunteers, members may be laid off by order of seniority, low seniority first, except as referenced above. • Retained employees will be solicited within the classification high seniority to lowest seniority for change to another shift within the classification to fill available open positions which may result from a layoff. If there are not enough volunteers, employees with least seniority shall be given adjusted to another shift for the affected employee duration of the layoff. • After a two-week period following the start of the layoff, management will review with the Union the status of the layoff. If the layoff is projected to go beyond thirty (30) days, then the parties will meet to review a plan to manage the ongoing layoff. • In the event of a layoff projected to exceed thirty (30) workdays, members will be laid off by order of seniority, low seniority first. The company will provide required training to permit employees retained to perform their jobs safely. • In the event of any layoff, the process for securing volunteers will be determined by collaboration of the Company and the Union prior to the date that the services of that employee shall no longer be required. Section 2Bargaining Committee. Employees who are subject to layoff within their classification The elected Unit Chairperson and who are qualified to perform duties of the next lower classification in declining sequence, mayStewards will have super seniority. That is, in order at which they are laid off, occupy vacant positions the event of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall and at the point where they would be placed at a rate of subject to layoff the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 Unit Chairperson and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees Stewards will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityretained on their assigned shift and capacity as a representative unless that shift has been eliminated. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All When layoffs of employees are to be made, the Company shall determine what jobs are to be left vacant or abolished and the number of employees to be laid off. 9.5.1 The Company will copy the Union on an employee’s notice of layoff, or on a pay in lieu of notice provided in accordance with Article 9.5.5. 9.5.2 within five (5) calendar days of a notice of layoff to an employee, the following procedure shall apply: (a) A Labour/Management Committee, consisting of two (2) Union and two (2) Management representatives will be laid off in line formed to examine the possibility of least seniority and hired in reverse orderrelocation, by seniority, of employees. No employee In the case where it is determined that an individual possesses the qualifications, he shall be assigned the job classification; (b) should the Committee decide that relocation is not possible, then the normal layoff procedure will be hired by the City as long as there are employees laid off who have seniority. If apply. 9.5.3 When employees are to be laid off, such layoffs shall proceed in an inverse order of functional group seniority within the groups defined in Article 2.3. 9.5.4 In the event of a thirty layoff, an employee who has acquired experience and qualifications to perform the necessary requirements of a job in another functional group may transfer to that functional group and displace a less senior employee. If the transfer is not possible, the normal lay-off procedure will apply. 9.5.4.1 An employee who has reverted through lay-off to a lower rate job classification shall continue to receive his previous salary if that salary is within the minimum and maximum of the salary range of the lower rate job classification. Thereafter, the employee shall progress up the salary scale in his/her new job classification on the anniversary date of his/her former job classification. The amount of the progression shall be the increment between the two steps on the salary schedule which he/she is "in-between". Should the employee's previous salary be more than the maximum salary of the lower rate job classification then he/she shall revert to the maximum salary of the lower rate job classification. 9.5.5 An employee who is to be laid off will be notified two (302) months in advance or may obtain two (2) month's salary in lieu. In the case of automation, notice or pay in lieu shall be provided one hundred and twenty (120) calendar day written days in advance. 9.5.6 In the case of layoff or future change in the employees' working conditions or job security due to the introduction of automation, the Company will agree to the following conditions: (a) The Company will give the Union and the affected employees as much advance notice as is practical, but not less than one hundred and twenty (120) calendar days notification of such layoffs or change. Notice or pay in lieu shall be given in accordance with Article 9.5.5 plus all other benefits including severance pay for the same period. (b) The Company shall, in writing, state the nature of the changes contemplated and the number of jobs likely to be affected. Upon receipt of such notice by the Union, the parties shall arrange a meeting or meetings for the purpose of minimizing hardship to the employees affected by providing, where possible, alternative employment within the Company. Such alternative employment shall be available to the affected employee by bumping in the manner defined earlier for layoff. The Company and the Union prior will attempt to obtain employment outside the date Company for the employee who cannot exercise bumping rights. It is agreed that there is no obligation for the services of that employee shall no longer be requiredto accept such outside employment. The Company will provide such employees reasonable paid time off for employment interviews provided other employees are available to do the work. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties (c) The parties agree that in the event of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions layoff of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a twenty-five percent (525%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction or less of the workforcebargaining unit due to technological change, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereofthe Canada Labour Code, Part I, Sections 52, 54, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification55 do not apply. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Labour Agreement

Layoffs. Section 1. All 21.01 If a layoff of regular employees will is made effective, it is declared that the mutual intention of the Company and the Union is to work out a practical plan for accomplishing the force reduction for each individual work group, as shown under “Occupational Titles” in Article 34 to this Agreement in each work location affected, giving first consideration to the retention of employees based on seniority of net credited service. 21.02 In case of layoffs, payments of layoff allowances in accordance with the following table shall be laid off in line of least seniority and hired in reverse order. No made to each regular employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice exclusive of employees classified as temporary or occasional. This layoff allowance shall be given in addition to any unused vacation allowance. 21.03 If an employee who has received a layoff allowance is rehired and the number of weeks since the date of his layoff is less than the number of weeks upon which the allowance is based, less vacation if any, the amount paid to the affected employee for the excess number of weeks shall be considered as an advance to him by the Company and repayment shall be through payroll deductions at the Union prior to rate of 10% of the date that basic weekly wage until the services of that employee shall no longer be requiredamount is fully paid. Section 2. Employees who 21.04 If, following a layoff program in a particular work group and work location, additional employees are subject required in that work group, the Company agrees to layoff within their classification and who are qualified offer restoral or reemployment to perform duties of the next lower classification in declining sequence, mayemployees or former employees who, in connection with the layoff program, were downgraded, transferred or laid off from the particular work group in order of their net credited service at which the time they are were downgraded, transferred or laid off, occupy vacant positions provided that (a) no impairment to qualifications of such lower classifications, employees or may displace former employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee evidenced at the last known address by registered time such offer of restoral or certified mail. If an employee fails to report for work within thirty reemployment is under consideration and (30b) calendar days of the period since the date of mailing of the recall noticedowngrading, he shall be considered to have voluntarily terminated with the Citytransfer or layoff does not exceed three years. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees B8.01 The Company and the Union accept the principle of Seniority in lay-offs and recalls and agree that Seniority will govern if the Employee possesses the required qualifications and ability, according to the following steps: (a) Casual Employees within a Group shall be the first to be laid off in line reverse order of company Seniority, no casual shall be able to bump any part- time or full-time Employee. (b) A part-time or full-time Employee with the least seniority and hired in reverse order. No employee will be hired company Seniority within the Group affected by the City layoff shall have the option of accepting the layoff or exercising his/her Seniority rights as long as there are employees laid off who have seniorityfollows: (c) The Employee may: (i) Exercise his/her company Seniority to bump any junior Employee within the same group at the depot, or (ii) If no position is available at the depot, the Employee may exercise his/her company Seniority to bump an Employee with less company Seniority within the same group at any other location covered by this Agreement. The Employee in this case shall retain their company Seniority upon transfer to the new location. (d) If employees are to the Employee does not obtain a position through the exercise of seniority rights, the Employee shall be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject B8.02 When adding to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoffof Employees covered by this Agreement, employees any Employees previously laid off will be recalled in reverse order on the basis of layoffcompany Seniority by Group and by depot if the Employee possesses the required minimum qualifications and ability to perform the job. Notice Part-time and full-time Employees will be recalled prior to any casual Employee regardless of recall shall Seniority. These Employees will be sent to considered based on company Seniority if the employee position is not filled from within the Group at the depot. B8.03 The Company will notify such Employees at their last known address by registered or certified mail. If an employee fails such Employees fail to report for work within thirty five (305) calendar working days after notification, the standing as an Employee of the date of mailing of the recall notice, he shall any such person failing to report within five (5) days will be considered to have voluntarily terminated with the Cityforfeited. Section 7. When B8.04 In the work force is increased after event of a layofflay-off, those persons who have voluntarily taken a lower classification as provided Employees employed more than three (3) consecutive months will receive two (2) weeks notice of such layoff or two (2) weeks pay in Section 2 and 3 herein, shall have the option lieu of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallnotice.

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 122.1 In the event the District determines that unit members shall be subject to layoff, the District shall endeavor to give notice reasonably calculated to inform the Association of this determination as soon as practicable. All employees will be laid The District agrees to meet with the Association upon request to discuss the proposed layoff. 22.2 Once the determination to lay off in line of least seniority and hired in reverse order. No employee will be hired unit members has been made by the City District and the preliminary notice has been sent to the unit members pursuant to applicable Sections of the Education Code, the Association may request information legally required and incident to those unit members receiving the preliminary notice. 22.3 In the event that the District determines that it may need to reduce either the size of the certificated employee bargaining unit or the number of certificated employees in any District program, during the term of this Agreement, the District agrees that it will make every reasonable effort to accomplish such reduction(s) through normal attrition. 22.4 Notices to lay off unit members shall be given pursuant to applicable Education Code Sections. 22.5 Benefits for unit member(s) who are laid off: 22.5.1 Once a unit member's employment is terminated, the employee shall be eligible for health benefits as long as there are employees laid off who have seniority. If employees are to be set forth in the Agreement through September 30 of the calendar year in which the unit member is laid off, a thirty (30) calendar day written notice shall be given to paid by the affected employee and District at the Union same District contribution rate in effect immediately prior to the date that the services of that employee shall no longer be requiredunit member was laid off. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence22.5.2 The laid-off employee(s), may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four not to exceed six (46) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 hereinadditional months, shall have the option to remain an active participant in the District health benefits program as set forth in the Health and Welfare Benefits provision of occupying positions which open up the agreement unless: (a) the employee fails to pay the full cost of any and all premiums through payment at least one month in advance of the month of coverage, or (b) there is a break in the laid-off employee's participation in the health benefits program any time immediately prior to the layoff and for a period of three (3) months following the date of the layoff or severance from employment, or (c) the laid-off employee fails to remain eligible for the health benefits, or (d) the laid-off employee becomes eligible for medical benefits through another employer. 22.5.3 Subsequently, the laid-off employee will be entitled to any federal or state provisions for health benefits coverage in effect at the time of the qualifying event. 22.6 Permanent certificated employees who are laid off shall be granted all rights under Section 44956 of the Education Code. 22.6.1 For the period of thirty-nine (39) months from the date of layoff, any permanent employee shall have a preferred right to reemployment in the order of original employment as earlier determined in accordance with the law. 22.6.2 Employees who wish to take advantage of the preferred right to reemployment shall keep the Personnel Department apprised in writing of their current mailing address(es), and of any changes in their former classification with no loss credentials. 22.6.3 When actual vacancies occur, the District shall notify by the order of seniority in that classificationoriginal employment, as earlier determined, the laid- off employee(s) who holds the proper credential required by the vacancy. This option notice shall be sent by certified mail to the employee's current mailing address on file with the Personnel Department. The notified employee shall notify the District in writing of acceptance within ten (10) days of mailing by the District. Failure to do so shall mean that the employee has waived reappointment right to any vacancy stated in the notice from the District. 22.6.4 The right to reappointment may be waived by an employee for not more than one (1) school year, but such waiver shall not deprive the employee of the right to subsequent offers of reappointment. 22.6.5 As to any such employee who is reappointed, the period of the absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service; the employee shall retain the classification and order of employment the employee had when services were terminated; and credit for prior service under any state or District retirement system shall not be affected by such termination, but the period of the absence shall not count as a part of the service required for retirement. 22.6.6 During the period of the preferred right to reappointment, any such employee shall, in the order of original employment, be offered a prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided, that the employee's services may be terminated upon the return to duty of said another employee, that the compensation received shall not be less than the amount which would be received if the employee were being reappointed, and that said substitute service shall not affect the retention of their previous classification and rights.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All Whenever layoffs become necessary, temporary and occasional employees will shall be laid off in line of first. In the event that a layoff becomes necessary the Company agrees to meet with the Union at least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given days in advance of the layoff to discuss the affected employee layoff and the Union prior to possibility of lessening its impact. Unless a contrary agreement is reached within such thirty (30) day period, the date that the services of that employee shall no longer be requiredlayoff will proceed as provided below. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties If it becomes necessary in the judgment of the next lower Company to lay off regular, full-time employees, they shall be laid off in the inverse order of seniority, by District, among employees in the same job title classification. Should such a layoff necessitate a change in job location of another employee, the junior employee in the location and job classification shall be the one to be moved. Where an employee is required to move his residence to avoid layoff, he will be reimbursed up to $800 (or above if the Company chooses) in declining sequence, may, in order at moving expenses if the new reporting location to which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationshe/she is required to report is more than fifty miles from the reporting location to which he/she previously reported. Section 3. An employee who voluntarily requests demotion would otherwise be laid off under the provisions of Section 2, above, shall have the right to claim the job of a junior employee of the least seniority in his/her District within an equal or another position in order to remain lower job classification, provided, he/she is qualified in the classified service following a reduction in force shall be placed at a rate judgment of the new classification pay range which ensures a five percent (5%) reduction in salaryCompany to perform the job, unless a larger reduction is necessary or may request consideration for the officer to be placed any vacancy in the highest step District which the employee is qualified to perform. If the employee does not claim a job as provided above, he/she may claim the job of a junior employee with the least seniority in the lower classificationCompany in any job classification for which he/she is qualified in the judgment of the Company to perform the job. Employees whose job has been claimed by a senior employee shall have the same rights as laid off employees under this Section. In all cases under this Section, the Company shall not be obligated to pay the moving expenses or living expenses as provided in Article 15 of this Agreement. Section 4. WhereBefore hiring new employees, by virtue of the Company agrees to offer re-employment on a reduction Company-wide basis, to former employees in the occupational classifications involved in the inverse order in which such employees were laid off, (1) provided, however, that the employee is qualified in the judgment of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereofCompany to perform the available work at the time the offer of employment is made, and a reduction (2) provided, also, that the period of layoff does not exceed one (1) year. If there are no employees in force becomes necessary in such lower classificationthe occupational classifications involved available for rehire, such employee shall or who desire to be credited with seniority earned in his classificationrehired, the Company will give consideration to former employees who are qualified to perform the available job. Section 5. Any regular employee who is laid off due without offer of a job at a Company location within thirty-five (35) miles of the reporting location to which he/she reported prior to the layoff shall be paid a termination allowance of two (2) weeks pay for every whole year of service up to a reduction in work force maximum of twenty-six (26) weeks pay. Except those employees as of January 1, 2011 with twenty-six (26) years of seniority or more will be grandfathered under the old language and thereafter, within a period receive one (1) week’s severance pay for each full year of four (4) years, reinstated to City service, shall, seniority completed at date of layoff. Any employee reengaged following layoff will return to the extent possible for purposes Company such portion of all rights and benefits, be deemed to any termination payment received as is in excess of the amount of straight time wages the employee would have been on leave without paypaid if he had been actively at work between date of layoff and date of recall. Repayment may be made in full or by payroll deduction at the rate of not less than ten percent (10%) of basic wage, or a larger amount with the employee’s approval until the excess amount is paid in full. Section 6. When Employees laid off under this Article shall receive pay for any unused vacation days, which would be due in the work force is increased after a layoff, calendar year. Laid off employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report also receive pay for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityunused optional holidays. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1a. Layoff of regular employees shall be in the inverse order of total County seniority, with the least senior employee being laid off first, as set forth herein. All Non-regular employees will be laid off in line of least seniority and hired the order as determined by the Department Head. b. After the County has identified those employee positions which are to be abolished or reduced in reverse order. No employee work hours, the employees occupying such positions will be hired notified of any options they may have as set forth herein. c. A “bumping right” is the right when an employee, when actually facing layoff, may displace an employee with less seniority as described in Section 14.2(d). d. Regular employees whose positions have been reduced or eliminated must elect one of the following within five (5) days of receipt of the notice: 1) select a position in the department in a lower or lateral paid classification in which the employee previously had successfully completed the probationary period and which will be vacated by the City as long as there are employees laid off who have seniority. If employees are least senior employee through the bumping process; or 2) select a vacant position in the department in a lower or lateral paid classification provided the employee is fully qualified to perform the duties of the lower paid classification; or 3) select a position in the department in a lower paid classification in which the employee is fully qualified to perform the duties, and which will be vacated by an employee with less total County seniority through the bumping process; or 4) accept reduced work hours, if any exist in the current classification and department; or 5) elect to be laid off. e. Any employee who has been displaced by another more senior employee may be entitled to exercise the options set forth in Section 14.2(d) above. f. Whenever an employee has elected an option other than layoff as set forth in Section 14.2(d), the option may be implemented immediately as determined by the employee’s Department Head in order to avoid a thirty (30) calendar day written notice shall long delay in the layoff and displacement process. g. Regular employees who are actually laid off from County service will be given to preference in filling future vacancies in the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at department from which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary off for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four up to two (42) yearsyears providing they keep the Department Head advised of their current address, reinstated and provided further, however, that a person declining appointment in the same classification and department will be removed from the re-employment list after two (2) refusals of reappointment. h. Regular employees who are actually laid off from County service and who are reappointed to City serviceCounty employment within two years shall have their seniority date and vacation accrual restored based on their pre-layoff date of hire and years of service at the time of layoff, shalladjusted for any modifications in MOU benefits, and will have their sick leave balance at the time of layoff restored. Employees reappointed to a classification other than the classification that they held prior to layoff shall serve a new probationary period. Employees reappointed to the extent possible for purposes of all rights and benefits, same classification that they held prior to layoff will not be deemed required to have been on leave without payserve a new probationary period. Section 6. When i. Notwithstanding the work force provisions of this Article, the Board of Supervisors and the Association may agree to other procedures during the term of this Memorandum of Understanding where it is increased after a layoff, employees will be recalled mutually determined that an alternative is in reverse order the best interest of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityboth parties. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Memorandum of Understanding

Layoffs. Section 1. All A. In the event of a reduction in force of those employees will be laid off in line of least seniority and hired in reverse order. No employee will be hired represented by the City as long as there Union, part-time employees shall be terminated before full-time employees. B. When forces are employees laid off who have reduced and it is necessary to sever a full-time employee, the Employer shall follow the principle of seniority. If Seniority shall be defined as consecutive years of service in the bargaining unit. The Town shall notify in writing the Union and the employees are with the least service in position(s) affected at least twenty-one (21) business days prior to the effective date of the layoff. The twenty-one workday notice prior to a layoff shall apply to all reductions in force that affect an employee’s job classification, duties and/or other significant alteration of job. He/she may exercise the following rights in the order given and must accept the first opportunity to be laid off. 1. Displace the least senior employee who is at the same grade within the department. 2. Displace the least senior employee who is at a lower grade who is also less senior than the impacted employee within the department. 3. When employees are equally qualified winthin a department, seniority shall prevail. For the purposes of this section, “department” shall mean Treasurer’s Department, Assessor’s Department, Procurement Department, Accounting Department, etc. C. If there is a thirty (30) calendar day written notice shall be given conflict as to the affected employee to be severed, then the Employer and the Union prior will resolve the issue jointly. D. Starting from the day notice of a reduction in force is given the employee or employees in the position(s) initially impacted will have five (5) business days to make a decision to accept the layoff or exercise his/her right to bump. E. On or before the seventh (7th) business day after notice of the reduction in force is initially given the Union and the Town will meet to discuss the status of the reduction in force. F. By the end of the tenth (10th) business day after the initial notice of the reduction in force is provided to the date that Union and all potentially impacted employees, every employee impacted by the services reduction in force must inform the Town of that employee shall no longer be required. Section 2his/her decision to accept the layoff or exercise his/her right to bump. Employees who are subject to layoff within their classification and who are qualified to perform duties At any stage of the next lower classification procedure, the employee may be offered a vacant job in declining sequencelieu of bumping another employee, may, provided the job level is no less favorable in order terms of pay level and shift into which he/she would bump. The intent of this section is for the least senior Union employee to be laid off and of higher job groups to be able to replace less senior employees at which they are laid off, occupy vacant positions the same level of such lower classifications, or may displace employees who hold positions of such lower classifications.pay. Recall Procedures Section 3. An employee who voluntarily requests demotion or another position in order A. Employees severed due to remain in the classified service following a reduction in force shall be placed at a rate recalled on the same principle of seniority as the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classificationof force occurred. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off B. Employees severed due to a reduction in work force and thereafter, within shall have a period of four right to recall for two (42) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without payyears after termination. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall C. The Employer shall be sent to give the employee seventy-two (72) hours’ notice of recall, by certified mail at the employee’s last known address by registered or certified mail. If an of recall. D. The employee fails shall report to report for work within thirty fourteen (3014) calendar days of from the date of mailing of recall or lose the recall noticeright to recall. X. Xxxxxxxx to which said employee was entitled at the time the layoff commenced, he including, but not limited to, seniority, unused accumulated sick leave, will be restored upon return, and the employee will be placed on the applicable salary schedule at the step closest to the salary rate upon layoff. F. Any part-time employee within the bargaining unit severed due to a reduction in the workforce shall be considered offered a subsequent full-time position in the bargaining unit prior to any posting of that position outside the bargaining unit. A part-time employee who declines the opportunity to work full-time shall continue to have voluntarily terminated with the Cityright of recall to a part-time position for two (2) years after termination. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All ‌ -91 When there is a decrease in the work force, temporary and probationary employees will be laid off in line of least on a seniority and hired in reverse orderunit wide basis provided the seniority employees can do the available work. No employee -92 Seniority employees will be hired laid off according to bargaining unit seniority within a seniority unit, affected by a layoff, provided the City as long as there greater seniority employees are able to perform the available work. However, the Employer shall not be required to promote an employee at the time of layoff unless the employee has previously performed the higher rated job and is able to perform the work. Seniority employees laid off who have senioritywithin a seniority unit shall be allowed to displace, by grade level, the least senior employees not affected by the layoff if they are able to perform the work. If employees are By grade level shall mean the to be laid off, a thirty (30off employee(s) calendar day written notice shall first displace the least seniority like classified employee(s) in another seniority unit. If the to be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified laid off employee(s) is unable to perform duties the work and/or there is no least seniority like classified employee(s) with less seniority in another seniority unit, the to be laid off employee(s) may displace the least seniority employee(s) within the same pay grade level. If the to be laid off employee(s) is unable to perform the work and/or there is no least seniority employee(s) with less seniority within the same pay grade level, the to be laid off employee(s) may displace the least seniority employee(s) in the next immediately lower pay grade level and so on until the to be laid off employee(s) is able to displace another employee(s) or accept the layoff. -93 Disposition of these cases may be initiated at Step II or Step III of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsGrievance Procedure. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1(i) The recall of employees from layoff will be in order of seniority. All employees The first person called back to work will be the last person laid off. (ii) In order that the operation of the Union will not become disorganized when permanent or temporary layoffs are being made, the President and the Stewards shall be the last persons to be laid off in line during their term of least seniority and hired in reverse order. No employee will be hired by the City as office, so long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who full- time or part-time work which they are qualified to perform duties at their own or at a lower wage level, is available. (iii) Retired employees or part-time employees will not be hired or scheduled to work if there are laid off employees in the classification into which such retired or part- time employee is hired or scheduled to work, or if such employment will result in regular employees in such classifications working less than forty (40) hours in each week, or result in the elimination or curtailment of employment of regular employees in such classification. (iv) Whenever the work force within the Bargaining Unit is to be reduced by the Employer, the employee with the least Bargaining Unit wide seniority within the classification as per Schedule “A” that is to be reduced shall be laid off first. (v) The employee(s) displaced by such elimination or discontinuance of a job and/or classification shall have the option of accepting the layoff or assume the job of an employee with lesser bargaining unit wide seniority, that he/she is capable of performing. In addition, employees assuming the jobs of Xxxxx and Cook shall be required to be in possession of a Journeyman’s Certificate or better qualification valid in the Province of Ontario. Further, employees assuming the jobs of Xxxxxx 1, Xxxxxx, Helper, Gardener, and Groundskeeper shall be required to be in the possession of a Class “G” Driver’s License valid in the Province of Ontario sufficient to permit said employee to operate all the University-owned vehicles, or such other license as may be acceptable to the Employer. The Groundskeeper and Gardener position also requires a DZ license valid in the Province of Ontario. It is understood and agreed that this requirement does not apply to those Groundskeepers and Xxxxxxx who were employed prior to January 1, 1997. The Helper position also requires an “F” license valid in the Province of Ontario. (vi) The employer shall provide the employee with eight (8) weeks written notice or pay in lieu of notice of the next lower discontinuance of his/her job through permanent layoff. All bumping shall be completed within the said eight (8) weeks. By mutual agreement, this said eight (8) weeks may be extended. (vii) Bumping procedures and regulations will be administered by one (1) representative of the Union selected by that body, and one (1) representative appointed by the University. In the event the aforementioned two (2) persons are unable to resolve any matter related to the bumping procedure mentioned herein, such dispute will be processed through the grievance procedure as set forth in Article 11 hereof. Employees shall exercise their rights to layoff or bump as set forth in the within clause. In the event such employees elect not to bump the Employers shall be entitled to transfer such employees to any classification the Employer shall decide provided there is a job available and the employee has the required qualifications for the job. If the said employees refuse the transfer, the said employees shall no longer have seniority. (viii) For the purposes of the within clause, the Employer and the Union are agreed on the order of shift preference as follows: (1) five (5) day, Day shift (2) seven (7) day, Day shift (3) five (5) day, Afternoon shift (4) seven (7) day, Afternoon shift (5) five (5) day, Midnight shift (6) seven (7) day, Midnight shift 9:05(b) Permanent Layoff(s) (i) Permanent layoff shall be defined as any period which is longer than four (4) weeks in declining sequence, may, in order at which they are length. (ii) If a full-time member of the bargaining unit is permanently laid off, occupy vacant positions of such lower classificationsEmployee shall be entitled to exercise their bargaining unit wide seniority to bump a less senior full- or part-time employee. If such employee bumps into another full-time classification, or may displace employees who hold positions of such lower classificationsthe employee shall be paid the hourly rate, as listed in Schedule “A”, for the classification they are assuming. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following (iii) If a reduction in force shall be placed at a rate full-time member of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction bargaining unit is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classificationpermanently laid off, such employee shall be credited with entitled to exercise their bargaining unit wide seniority earned to bump a less senior part-time employee. The employer agrees to pay the full-time hourly rate of the applicable job classification as per the full-time hourly rates contained in his classificationSchedule “A” or “B” as applicable. Section 5. (iv) Any full-time employee who is permanently laid off due shall be entitled to their full- time benefits for up to a reduction in work force maximum of two years. (v) It is understood and thereafteragreed that employees undergoing a permanent layoff must within three (3) days of receiving notification, within a period of four (4) years, reinstated to City service, shall, indicate to the extent possible for purposes of all rights and benefits, be deemed Employer their decision to have been on leave without paybump or accept the layoff. Section 6. When (vi) If a part-time member of the work force bargaining unit is increased after a layoffpermanently laid off or if they are displaced during the summer lay off period, employees will be recalled in reverse order of layoff. Notice of recall such employee shall be sent entitled to exercise their bargaining unit wide seniority to bump a less senior part-time employee. The employer agrees to pay the hourly rate as listed in Schedule “A” or “B” as applicable, for the classification they are assuming. (vii) In addition, any laid off employee at who is in receipt of part-time benefits shall continue to enjoy those benefits for the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days remainder of the contract year from the date of mailing purchase of benefits in accordance with article 22:12 provided the recall notice, he shall be considered employee continues to have voluntarily terminated with pay the Citypremiums. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 1(a) When shortage of work is expected to result in an indefinite layoff, the parties will meet to determine which employees are expected to be laid off long enough to be deemed terminated and entitled to notice of termination and / or severance under the Employment Standards Act 2000. All Such employees will be offered the option to waive their recall rights and be paid their statutory notice of termination [if notice in kind has not been given] and / or severance upon termination. Such persons will receive records of employment showing that they have been laid off in line off. (b) The Company will notify the Chief Xxxxxxx of least seniority and hired in reverse orderall pending workforce reductions. No employee The Company will be hired by provide the City Union as long soon as there are possible with a written list of all employees laid off who have seniority. If employees are to be displaced and, at the time of layoff, of all employees being laid off, a . (c) The Company will endeavour to give affected employees at least thirty (30) calendar day written working days' notice of displacement, which shall be given deemed notice to the affected employee employees subsequently bumped and the Union prior to the date that the services of that employee shall no longer be required/ or laid off. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of (d) In the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue event of a reduction of the workforceworkforce affecting a classification for more than a work week, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee affected employees shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled displaced by classification in reverse order of layoffseniority. Notice of recall shall be sent An employee so displaced may avoid layoff by bumping to another equally or lower-paid classification provided that i. he possesses the requisite qualifications (certificates, etc.), skills and ability to perform the work to which he seeks to bump; and ii. he is senior to the employee at the last known address by registered or certified mailhe seeks to bump. If more than one junior employee in a classification may be bumped in this way, the most junior will be the person bumped. Displaced or bumped employees unable to bump will be laid off. Employees electing to bump under this provision must notify the Human Resources department of the classification they wish to bump to within five (5) days, Saturdays and Sundays excepted. If no election is made, the Company will assign the employee to the highest paying classification to which the employee was eligible to bump. (e) In the event of a reduction of workforce affecting a classification for more than a work day but less than a work week, the Company will displace employees from the affected classifications in reverse order of seniority. The Company will then endeavour to retain senior employees over junior employees by reassigning them to other equally or lower-paid classifications, provided that an employee fails so assigned i. possesses the requisite qualifications (certificates, etc.), skills and ability to report for work within thirty (30) calendar days of perform the date of mailing of work; and ii. is senior to the recall notice, employee he shall is assigned to bump. Displaced or bumped employees unable to bump will be considered to have voluntarily terminated with the Citylaid off. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1A. Prior to all "layoffs" (severance of employment without the intent to replace the employee dismissed), the Company shall notify the Guild before officially notifying the employee concerned, of the proposed layoff. All employees will At the Guild's request, the Company shall meet immediately with the Guild to discuss the situation. The employee(s) may not be laid off sooner than fourteen (14) calendar days from the date the employee was first notified, unless the Guild consents to an earlier layoff, but may be laid off at any time on or after the end of such fourteen (14) calendar days unless the Company has occasioned the delay in line of least seniority and hired meeting beyond such fourteen (14) calendar days. B. The Company shall lay-off employees by job classification in reverse orderorder of the employee's seniority. No However, the Company may layoff out of seniority when (1) an employee will is performing a unique job function or is less than fully assignable; (2) an employee has significantly different job responsibilities; or (3) an employee has performed a function exclusively for a substantial period of time. For the purposes of this Paragraph B, the employees seniority date shall be hired his/her date of hire with the Company. C. If the Guild should arbitrate the question of whether the Company correctly effectuated a layoff, the Company need not retain any such employee in its employ during the period of arbitration, but in the event the employee has not been retained and the arbitration award is in his/her favor, he/she shall be entitled to receive the wages lost by him/her during such period. Such employee shall on his/her reinstatement be credited for all seniority purposes under this Agreement. D. In the City as long as there are employees event of the layoff of an employee, if at any time within twelve (12) months of the date of said layoff a vacancy occurs in said employee's job classification, the employee so laid off who have seniorityshall be re-employed in that classification in order of seniority prior to layoffs unless the Company can affirmatively demonstrate that there is a superior internal or external candidate. If employees are to be laid offsuch employee is re-employed, a thirty (30) calendar day written notice he/she shall be given restored to the affected seniority he/she had as of the date of the layoff and shall be credited with his/her previous service for vacation purposes. E. In the event an employee, who the Company intends to lay off in accordance with this Article, accepts a transfer to a position not covered by this Agreement, or in the event an employee and volunteers to transfer to a position not covered by this Agreement, the Union prior employee shall not be entitled to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification severance pay otherwise provided for in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3this Agreement. An employee who voluntarily requests demotion or another position accepts such a transfer in order to remain in the classified service following a reduction in force lieu of layoff shall retain his/ her recall rights under Paragraph D of this Article and shall be placed at a rate of eligible for severance pay under this Agreement if recalled to the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 bargaining unit and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is thereafter laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without paytherefrom. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees will be laid off in line of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shalloption

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees will be laid off The Employer agrees to notify the Shop Chairperson twenty-four (24) hours in line advance when a layoff for a period of least seniority and hired in reverse order. No employee will be hired more than one (1) week is contemplated by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice Employer; failing which the employee concerned shall be given to one (1) day's pay at his straight time hourly rate. Twenty-four (24) hour's notice will not be required in the affected employee and case of fire, flood, emergency, Act of God or circumstances beyond the Union prior to the date that the services of that employee shall no longer be requiredEmployer's control. Section 2. Employees who are It is expressly understood and agreed that the Employer has the right in its discretion to lay off any employee or number of employees when business conditions make such layoff necessary, subject to layoff provisions in this Agreement. In the operation of seniority, it is agreed that the Employer will apply seniority rights with respect to layoffs and rehiring within their classification and who are qualified the plant as provided in the immediately preceding article. The Employer shall have no obligation to permit an employee to bump into a job where the employee does not have the qualifications to perform duties said job, subject to an employee's right to grieve on the issue of his qualifications. In the next lower event of a layoff there can be only one (1) "bump." The employee bumped will be the least senior employee in the classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsthe bump occurs and said employee being bumped will himself have no bumping rights. Section 3. An employee who voluntarily requests demotion or another position in order Seniority as to remain recall will operate in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classificationsame manner as layoff. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee The Shop Chairperson shall be credited with seniority earned in his classificationnotified on all recalls. Section 5. Any An employee who is laid off due to recalled after a reduction layoff and accepts a job in work force and thereafter, within a period lower classification will automatically be transferred back with the same rate of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without paypay in his own classification whenever his job becomes available. Section 6. When The Employer will provide the work force is increased after Union with a layoff, employees seniority list on a quarterly basis (wage rates will not be recalled in reverse order of layoff. Notice of recall shall be sent to set forth on the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Citylist. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall)

Appears in 1 contract

Samples: Collective Bargaining Agreement (Kreisler Manufacturing Corp)

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Layoffs. Section 1. All a) In the event of a contraction of the work force by this Agreement, supervisory employees will shall be laid off in line inverse order of their seniority within their work division described below. b) In lieu of a layoff the supervisory employee may exercise the following bumping rights within his/her work division: i) Highway Maintenance: (1) Supervisory employees engaged in Highway Maintenance whose names are set forth in their order of seniority on a schedule appended in Appendix B hereto and marked Schedule 2, shall in the event of a contraction of the work force be entitled to: (a) Displace the least seniority and hired senior employee in reverse order. No his/her present classification, or (b) Displace the least senior employee will in the previously held position at the work division from which he/she was promoted. (2) It shall be hired by the City as long as there are employees laid off who have seniority. If employees are a condition of his/her right to be laid off, displace that he/she become a resident at a location which is not more than thirty (30) calendar day written notice shall minutes normal driving time from the Highway Maintenance Headquarters to which he/she may be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be requirednewly assigned. Section 2. Employees who ii) Fare Collection: Supervisory employees engaged in Fare Collection whose names are subject to layoff within set forth in their classification order of seniority on a schedule appended in Appendix B hereto and who are qualified to perform duties marked Schedule 3 shall, in the event of a contraction of the next lower classification work force, be entitled to: (1) Displace the least senior employee in declining sequencehis/her present classification, mayor (2) Displace the least senior employee in the previously held position at the work division from which he/she was promoted. iii) Building Maintenance: Supervisory employees engaged in BUILDING MAINTENANCE whose names are set forth in their order of seniority on a schedule appended in Appendix B hereto and marked Schedule 4 shall, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue event of a reduction contraction of the workforce, an be entitled to: (1) Displace the least senior employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower his/her present classification, such or (2) Displace the least senior employee in the previously held position at the work division from which he/she was promoted. iv) Garage and Shop Division: (1) Supervisory employees engaged in GARAGE AND SHOP DIVISION whose names are set forth in their order of seniority on the schedule appended in Appendix B hereto and marked Schedule 5, shall in the event of a contraction of the work force, be entitled to: (a) Displace the least senior employee in his/her present classification, or (b) Displace the least senior employee in the previously held position at the work division from which he/she was promoted. (2) It shall be a condition of his/her right to displace that he/she become a resident at a location which is not more than thirty (30) minutes normal driving time from the reporting garage to which he/she may be newly assigned. c) Any employee displaced pursuant to the preceding provisions shall have like displacement rights. d) An employee subject to layoff shall be notified in writing at least ten (10) work days prior to the effective date of the layoff. e) Upon receipt of a layoff notice, the employee shall be credited with seniority earned in his classificationhave five (5) work days to notify the Authority of his/her decision to exercise his/her displacement rights. Section 5. Any f) In the event of layoff, the supervisory employee who is so laid off due shall be entitled to a reduction recall by the Authority on the basis of seniority among laid off supervisory employees in the same work force and thereafter, within division for a period of four (4) three years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When i) Such recall shall be subject to a physical examination at the work force is increased after Authority’s expense by a layoff, employees will be recalled in reverse order of layoff. Notice physician designated by the Authority. ii) The right of recall shall be sent to forfeited in the event that the affected supervisory employee at the last known address by registered or certified mail. If an employee fails failed to report for work within thirty seven (307) calendar days of mailing of written notice of recall by the Authority to his last mailing address left with the Authority. iii) During periods of layoff, the supervisory employees’ seniority does not continue to accrue. iv) In the event of return, the supervisory employee shall regain his seniority earned to the date of mailing his most recent layoff and continue to accrue seniority from and after the date of the recall notice, he shall be considered his/her return to have voluntarily terminated with the Citywork. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All 19:01 Subject to the employee being able or willing to perform the available duties, employees will shall be laid off in line reverse order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are seniority. 19:02 Further, any employees so laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and first opportunity for any casual employment provided they are capable of doing the Union prior to the date that the services of that employee shall no longer be requiredavailable work. Section 2. Employees who are subject 19:03 Any employee can bump from one House to layoff within their classification another House provided she has the ability and who are qualified qualifications to perform duties do the job required of the next lower classification in declining sequence, mayother position. A full-time employee who has received a notice of layoff can bump a junior full-time employee, in order at which they are laid off, occupy vacant positions of such lower classifications, the same classification or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification or if she happens to be the most junior she may bump a junior part-time employee. The “junior” employee who is bumped may bump 19:04 An employee who, according to her seniority, is to be laid off shall receive in accordance writing a notice of layoff or pay in lieu thereof at least one (1) month in advance of the date the layoff is to commence with Section 2 a copy to, the Union forwarded without delay. Such notice shall state the reasons for the layoff and 3 hereofthe expected duration of the layoff. 19:05 An employee on continuous layoff for a period of one (1) year shall, at the end of that period, be considered terminated and his name shall be removed from the re-employment list. 19:06 Laid off employees shall be called back in reverse order of layoff starting with the most recently laid off employee and continuing in descending order to the first employee laid off, provided that in each case, the employee is able and willing to perform the available duties. 19:07 Provided she has the qualifications and abilities required to perform the duties of a reduction in force becomes necessary in such lower classificationvacant position, such a laid off employee shall be credited with seniority earned in his classificationgiven the right of first refusal over applicants external to the bargaining unit. Section 5. Any 19:08 Notice of recall to an employee who is has been laid off due shall be made to a reduction in work force and thereafter, the last known address filed by the employee with the Employer. Notice of recall will be sent by certified mail. A laid off employee must within a period of four (4) years, reinstated days after recall confirm her intention to City service, shall, return to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall or her employment shall be sent terminated. The employee must return to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty one-half (30½) calendar days month of the date of mailing receipt of the recall notice, he shall be considered to have voluntarily terminated with notice unless a later date is mutually agreed between the CityEmployer and the employee. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 1. All 6:1 When it becomes necessary to reduce the work force, or a job is eliminated, layoffs will be according to departmental seniority and the qualified employee, with more seniority may bump a less senior employee in an equal or lower classification if scheduled for layoff or job elimination. Section 6:2 When layoffs become necessary in any department, after the layoff of new probationary employees will (employees having worked for the City less than ninety (90) days), employees shall be laid off in line order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have their department seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date provided that the services of that employee shall no longer be requiredemployees retained are able to satisfactorily perform such work as remains available. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. 6:3 Any employee who is laid off due to a reduction shall retain recall rights in work force and thereafter, within accordance with his/her seniority for a period of four three (43) years, reinstated to City service, shall, years from the date of his/her layoff. Recall rights shall apply to the extent possible employee’s former classification or any classification in an equal or lower job code which he/she is qualified to perform. An employee shall lose all recall rights if he rejects recall to his/her former job classification or to another job in the same code, but shall not lose recall rights for purposes refusing recall to a lower job code, and shall not lose recall rights to his/her original job by accepting recall to any other job. An employee also shall not lose recall rights for refusing recall because of all rights and benefits, be deemed temporary verified physical incapacity. This section only applies to those employees who have been on leave without paysuccessfully completed their probationary period as described in Section 4:6. Section 6. When the work force is increased after a layoff6:4 For purposes of this Article, employees will Union Officers and Stewards shall have top seniority, and shall not be recalled affected by any layoff in reverse order of layoff. Notice of recall shall be sent their department provided they are qualified to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days perform one of the date remaining jobs in their department, or in the case of mailing a Union Officer, one of the recall notice, he shall be considered to have voluntarily terminated with remaining jobs in the Citybargaining unit. Section 7. 6:5 When practical, the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 City shall give two (2) weeks notice of layoff to the Union and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallaffected employee.

Appears in 1 contract

Samples: Working Agreement

Layoffs. Section 1. All ‌ A. If it is determined that layoffs are necessary, employees will be laid-off in the following manner: 1) Hourly employees within the department affected provided that: a) the bargaining unit member is qualified to do the work of the non-unit member; b) it is physically (e.g., location, time, etc.), possible for the hourly work to be done by the bargaining unit member, and; c) if there are two hourly positions that the bargaining unit member would be qualified to do, these positions be combined. This shall not apply to student employees. In the event any bargaining unit member bumps an hourly position, said employee assumes the status of that position. 2) In the event of further layoffs, bargaining unit members shall be laid off from the affected Departmental Seniority List (Appendix B) in line accordance with their seniority under the following conditions: a) Seniority comparisons shall be made pursuant to Departmental Seniority Lists by position range established by the Administrationand given to the Union at the outset of each fiscal year. b) In the event of a layoff, once the department, range, and job title have been determined, the bargaining unit member with least seniority and hired in reverse order. No employee will be hired selected. c) The person selected may, if deemed qualified by the City as long as there are employees laid department's administrator, bump out persons of less seniority in lower level position classifications within the same department. 3) In case of layoff, within each Departmental Seniority List by range, the Board may exercise one exemption from seniority layoff, and choose to select the next senior employee indicated on the Departmental SeniorityList by range. B. Individual insurance coverage for any laid-off who have seniority. If employees are to be laid off, a bargaining unit member shall continue for thirty (30) calendar day written notice shall be given to days from the affected employee and beginning of said xxxxxx. Thereafter, the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all have retention and/or conversion rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 hereinby law, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallat employee expense.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees . (a) Once layoffs have been planned, the Employer will be laid off in line of least seniority and hired in reverse order. No employee will be hired by notify the City Union as long soon as there are employees laid off who have seniority. If employees are to be laid offpractical, a thirty but no fewer than fourteen (3014) calendar day written notice shall be given to the affected employee and the Union days prior to the date layoff occurring, except in the case of emergency, so that the services of that employee shall no longer be requiredUnion may review the layoff order and its implementation under this Article. Section 2(b) Assuming the factors listed below are equal, classification seniority shall govern when it is necessary to lay off Employees. Employees who are subject The Employer will measure and balance six (6) basic factors: availability, Company seniority, classification seniority, an Employee's work performance, training and/or work experience in different classifications, and the Employees' attendance record, provided that the Employer also has the discretion to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3any Employee with an active final warning. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When If the work force is increased after a layoffonce again increased, employees will Employees on layoff shall be recalled in reverse order of the layoff. Notice . (c) For the purpose of recall this Article, work performance" is intended to encompass such factors as: work record pertaining to an Employee's disciplinary history such as the presence of an active "final written warning" or an Employee's relative ranking based on objective factor/s, such as attendance, provided in this latter case that the relative disparity due to such objective factor/s is significant and material. (d) In layoff situations, classification seniority shall be sent utilized as a factor as noted above, however, if the Employees being considered for layoff have less than one (1) year of time in that particular classification affected by the layoff, then Company seniority shall govern. (e) In layoff situations an Employee laid off shall have the right to return to a previously held position, provided he/she/they are still qualified for such a position and such a position still exists and provided further he/she/they have held such a position within the employee at previous two (2) years. (f) Absent a business necessity, layoffs shall be effectuated in the last known address by registered following order: non-Unit Employees (such as on-call or certified mailtemporary Employees) shall be laid off first, then seasonal Employees, then regular part time Employees and then regular full time Employees, provided that this clause does not guarantee any particular number of regular part time or regular full time positions. If an employee fails The parties recognize that in certain situations Employees may be offered a position with reduced hours to report for work within thirty avoid a layoff of such Employee, until the Employer is able to conduct a new schedule pick compliant with this Agreement. (30g) Employees scheduled to be laid off shall receive seven (7) calendar days written notice of the date of mailing of the recall notice, he layoff or shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoffpaid for days scheduled within such time period in lieu, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, except that probationary Employees shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallsuch notice requirement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 111.1 RILS retains the right to terminate Employees for economic reasons, subject to the procedures and requirements set out below. All employees The purpose of this provision is to achieve a fair and efficient reduction in staff consistent with the best interests of the program, its staff and its present and future clients, to mitigate the harm to remaining staff, and to keep disruption of services to a minimum. 11.2 RILS will notify the Union as soon as practicable of any circumstances such as loss of funding which make layoffs probable, or of any plans to lay off Employees. At the request of either RILS or the Union, the Union Management Committee established in Article 4 shall meet within three (3) days of the request to discuss the necessity of such layoffs and to attempt to develop a strategy to avoid the layoffs. RILS will provide the Union with all current financial information necessary for this discussion. 11.3 Layoffs and reductions in hours are to be accomplished within each particular job classification for which layoffs are imposed. There is no right to “bump” across categories. 11.4 In the event that a need for a layoff or reduction in hours exists, probationary Employees shall be laid off in line of least seniority and hired in reverse order. No employee will or have their hours reduced before any permanent Employees within the affected job classification may be hired by the City as long as there are employees laid off who or have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be requiredtheir hours reduced. Section 2. 11.5 In the event that additional layoffs or reductions in hours are needed after probationary Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions then such additional layoffs or reduction in hours shall be on the basis of seniority. RILS shall notify any affected job classification in writing offering the Employees in that classification the opportunity to be laid off or have their hours reduced. All such lower classificationsEmployees shall have five (5) working days to respond in writing accepting the terms and conditions of any such offer. Any such accepted offers will be implemented in declining order of seniority. In the event that no Employee accepts the offer of layoff or reduction in hours, then Employees with the least seniority within the job classification shall be laid off or may displace employees who hold positions of such lower classificationshave their hours reduced. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. 11.6 Any employee Employee who is laid off due shall receive advance written notice of the layoff, or termination pay, or a combination both, in an amount equal to a reduction in work force and thereafter, within a period the greater of four (4) years, reinstated to City service, shallweeks or one (1) week per full year of employment, to the extent possible for purposes a maximum of all rights and benefits, be deemed to have been on leave without pay. Section 6eight (8) weeks. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall Health insurance benefits shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report maintained for work within Employees for a period of thirty (30) calendar days following layoff. During the period after notice of layoff until the effective date of layoff, such Employees shall be permitted the reasonable use of RILS’ typewriters, photocopying machines and other equipment and supplies, at cost, for purposes of job search, at times other than regular office hours of the date program. 11.7 Laid off Employees shall retain recall rights, in order of mailing seniority, to all temporary and permanent vacancies in the classification from which they were laid off for a period of one (1) year. It is the responsibility of the recall noticeEmployee to keep RILS notified of his or her current address and telephone number, he shall be considered and failure to have voluntarily terminated with the City. Section 7. When the work force is increased after respond within ten (10) days to any written notice of a layoffpermanent vacancy, those persons who have voluntarily taken or within two (2) days to any notice of a lower classification as provided in Section 2 and 3 hereintemporary vacancy, shall have constitute waiver of the option right of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallrecall.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees The Company and the Union accept the principle of seniority in lay-offs and recalls and agree that seniority will govern if the Employee possesses the required qualificationsand ability, according to the following steps. (a) Casual Employees within a Seniority Group be laid off in line of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are first to be laid off. The Employee with the least Group seniority within the Department by the layoff shall have the option of accepting the layoff or exercising his or her seniority rights as follows. The Employee may: exercise group seniority to bump any junior employee with the same status (i.e. full-time or part-time) and within the same group at the branch, or if no position is available at the branch, the employee may exercise company seniority to bump an employee with less company seniority within the same group at any branch covered by this agreement. The employee in this case shall retain their company seniority and group seniority upon transfer to the new branch. If the Employee does not obtain a thirty (30) calendar day written notice position through the exercise of seniority rights, the Employee shall be given laid off. When adding to the affected employee force of Employees covered by this Agreement, any Employees previously laid off will be taken on the basis of Group seniority if the Employee possesses the required minimum qualifications and ability to perform the Union prior to the date that the services of that employee shall no longer be required. Section 2job. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer wish to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due considered for recall to a reduction in work force and thereafter, within different Group at the Branch must submit a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6written standing application. When the work force is increased after a layoff, employees These Employees will be recalled in reverse order of layoff. Notice of recall shall be sent to considered based on Company if the employee position is not filled within the Group at the Branch. The Company will notify such Employees at their last known address by registered or certified mail. If an employee fails such Employees fail to report for work within thirty five (305) calendar days after notification, the standing as an Employee of any such person failing to report within five (5) days will be forfeited. In the date event of mailing a lay-off, Employees employed more than three (3) consecutive months will receive two (2) weeks notice of the recall such layoff or two (2) weeks pay in lieu of notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 1A. Layoffs shall be conducted in accordance with this contractual procedure only. All Whenever it becomes necessary for the Board to reduce its workforce, it shall layoff employees will or abolishes their positions as provided in this Article. B. Employees may be laid off in line as a result of least seniority and hired in reverse order. No employee will be hired by the City a lack of funds, lack of work, or as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services result of that employee shall no longer be requiredabolishment of positions. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties C. A lack of funds means the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions Board has determined that a lack of such lower classificationsfunds exists, or that a current or projected deficiency of funding exists to maintain current, or to sustain projected, levels of staffing and operations. A lack of work means the Board has determined that it has a current or projected temporary decrease in the workload, expected to last less than one (1) year, which requires a reduction of current or projected staffing levels. Abolishment means the permanent deletion of a position or positions from the Board due to a lack of continued need for the position. The Board may displace employees who hold abolish positions as a result of such lower classificationsreorganization for its efficient operations, for reasons of economy, or for lack of work. Retention points are calculated in accordance with the method set forth in O.A.C. 123:1- 41. Section 3. An employee who voluntarily requests demotion or another position D. Abolishment If an abolishment results in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, the Board shall use the following procedures for laying off employees: 1. The employees whose position has been abolished shall have the right to fill an available vacancy within the employee’s classification; 2. If the employee takes a whose position has been abolished has more retention points than any other employee serving in the same classification, then the employee with the fewest retention points shall be displaced; 3. If the employee whose position has been abolished has the fewest retention points in the classification, the employee shall have the right to fill an available vacancy in a lower classification in accordance the classification series; 4. If the employee whose position has been abolished has the fewest retention points in the classification, the employee shall displace the employee with the fewest retention points in the next or successively lower classification in the classifications series. E. Reduction in Force 1. Whenever a reduction in the work force is necessary, the Superintendent shall decide in which classification or classifications the layoff or layoffs will occur and the number of employees to be laid off within each affected classification. Employees shall be laid off using systematic consideration of length of continuous service with the Board. Employees will be notified fourteen (14) calendar days prior to the effective date of their layoff from the classification. 2. Employees shall be laid off in order set forth in this Section 2 and 3 hereofwithin the appointment categories of temporary, intermittent, part-time, seasonal, full-time, and other appointment categories as established by the Director of Administrative Services. 3. Whenever a reduction in force becomes is necessary within each of the primary appointment categories listed above, first temporary, then intermittent, then part-time, then seasonal, and then full- time employees shall be laid off in such the following order: a. Employees serving who have not completed their probationary period after appointment; (Article #14 A); b. Employees who have obtained certified status by completing their probationary period successfully. F. Displacement of Other Employees 1. A laid-off employee has the right to displace the employee with the fewest retention points in the classification from which the employee was laid off or in a lower or equivalent classification, such in the following order: a. Within the classification from which the employee was laid off; b. Within the classification series from which the employee was laid off. 2. A laid-off employee has the right to displace an employee with the fewest retention points in the classification that the laid-off employee held immediately prior to holding the classification from which he was laid-off, if the laid-off employee was certified in the former classification. If a position in that classification does not exist, then the employee may displace employees in the classification that he next previously held, and so on, subject to the same provisions. The employee may not displace employees in a classification if the employee does not meet the minimum qualification of the classification, or if the employee held the classification more than two (2) years prior to the date on which the employee was laid-off. 3. If, after exercising displacement rights, an employee is subject to further layoff action, his displacement rights shall be credited in accordance with seniority earned in his classificationthe classification from which he was first laid- off. Section 54. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to Following the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall , an employee laid-off shall be sent to displace another employee in the following manner: a. Each laid-off employee possessing more retention points shall displace the employee at with the last known address fewest retention points in the next lower classification or successively lower classification in the same classification series. A laid-off provisional employee shall not have the right to displace a certified employee; b. Any employee displaced by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days possessing more retention points shall displace the employee with the fewest retention points in the next lower classification or successively lower classification in the same classification series. A displaced provisional employee shall not displace a certified employee. This process shall continue, if necessary, until the employee with the fewest retention points in the lowest classification of the date of mailing classification series of the recall noticeBoard has been reached and, he shall be considered to have voluntarily terminated with the Cityif necessary, laid-off. Section 75. When Employees shall notify the work force is increased Board of their intention to exercise their displacement rights within five (5) days after receiving notice of layoff. 6. No employee shall displace an employee for whose position or classification there exists special minimum qualifications, as established by a layoffBoard position description, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 hereinspecifications, shall have or by bona fide occupational qualifications, unless the option of occupying positions which open up in their former classification with no loss of seniority in that employee desiring to displace another employee possesses the requisite minimum qualification for the position or classification. This option shall.

Appears in 1 contract

Samples: Master Agreement

Layoffs. Section 19.1 During the terms of this Agreement, the Town will not lay off employees hired prior to December 31,1980, unless there is reasonable cause. 9.2 In the event that it is necessary to lay-off full-time employees, the Town agrees that the same will be accomplished on the basis of seniority within job classifications within each department (i.e., employees with the least seniority will be first laid-off). All Any part-time employees in the job classification within the department will be laid-off first, in inverse order of seniority. Effective October 24,2014, this paragraph will be deleted. Effective October 24, 2014, lay-off and recall rights for competitive class employees will be laid as set forth in applicable law, rules and regulations. The lay-off in line and recall of least seniority full-time non-competitive and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, labor class employees will be recalled made within the affected job classification and will be based upon Town-wide seniority, provided that the job skills, training, qualifications and work record of the retained person(s) in reverse order the affected classification are determined to be equal. Laid-off full­ time non-competitive and labor class employees in promotional titles will have so called bump and retreat rights as set forth in law for competitive class employees, except that they will not have the right to displace part-time employees. The lay-off and recall of layoffpart-time employees will be made within the affected job classification and will be based upon Town-wide seniority, provided that the job skills, training, qualifications, experience and disciplinary records of the retained person(s) in the-affieefed-elassifieation-are-detemined-to-be-equal.------------------------------------------------ Any part-time employees in the job classification within the department will be laid-off first. 9.3 When it is necessary to employ additional employees, the positions will be offered first to former qualified employees of the department in question, who have been laid off as provided in die preceding section. Notice of recall shall the employment will be sent to each employee by registered mail directed to the employee at the employee’s last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days advising of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Citysame. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 16:1 When it becomes necessary to reduce the force, or a job is eliminated, layoffs will be according to departmental seniority and the qualified employee with more seniority may bump a less senior employee in an equal or lower classification if scheduled for layoff or job elimination. All Notwithstanding the above paragraph an employee may bump to a position he/she held in a higher paying Code in the same department so long as he/she previously passed probation in that position, is still qualified, and has more departmental seniority than the current incumbent. Should no bumping opportunities exist within the same department, an employee may bump to a position held by the least senior employee (by bargaining unit seniority) from amongst all code 8 or 9 positions from the remaining departments within the bargaining unit provided they are qualified as determined by the Personnel Director. In the event that bargaining unit seniority for the least senior code 8 and 9 employees is equal, city seniority shall apply, followed by department seniority if necessary. Such bumped code 8 or 9 employee shall have no bumping rights. Prior to the City’s decision to lay off employees, the City agrees to discuss possible alternatives to layoffs with the union leadership. Such discussions shall not constitute bargaining and any decision to lay off employees shall remain the sole discretion of the City. At no time either at the time of a layoff or during a layoff will the City contract out the primary duties of any employees that are laid off. Section 6:2 When layoffs become necessary in any department, after the layoff of new probationary employees (employees having worked for the City less than ninety (90) days) employees shall be laid off in line order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have their department seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date provided that the services of that employee shall no longer be requiredemployees retained are able to satisfactorily perform such work as remains available. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. 6:3 Any employee who is laid off due to a reduction shall retain recall rights in work force and thereafter, within accordance with his seniority for a period of four three (43) years, reinstated to City service, shall, years from the date of his layoff. Recall rights shall apply to the extent possible employee’s former classification or any classification in an equal or lower job code which he is qualified to perform. An employee shall lose all recall rights if he rejects recall to his former job classification or to another job in the same code, but shall not lose recall rights for purposes refusing recall to a lower job code, and shall not lose recall rights to his original job by accepting recall to any other job. An employee also shall not lose recall rights for refusing recall because of all temporary verified physical incapacity. The recall rights and benefits, be deemed of this section apply only to have been on leave without paynon-probationary employees. Section 6. When the work force is increased after a layoff6:4 For purposes of this Article, employees will Union Officers and Stewards shall have top seniority, and shall not be recalled affected by any layoff in reverse order of layoff. Notice of recall shall be sent their department provided they are qualified to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days perform one of the date remaining jobs in their department or in the case of mailing a Union Officer, one of the recall notice, he shall be considered to have voluntarily terminated with remaining jobs in the Citybargaining unit. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Working Agreement

Layoffs. Section 1a. Layoff of regular employees shall be in the inverse order of seniority within the classification and department, with the least senior employee being laid off first, as set forth herein. All Non-regular employees will be laid off in line of least seniority and hired the order as determined by the Department Head. b. After the County has identified those employee positions which are to be abolished or reduced in reverse order. No employee work hours, the employees occupying such positions will be hired notified of any options they may have as set forth herein. c. A “bumping right” is the right when an employee, when actually facing layoff, may displace an employee with less seniority as described in Section 14.2.4(a). d. Regular employees whose positions have been reduced or eliminated must elect one of the following within five (5) days of receipt of the notice: 1) Select a position in the department in a lower or lateral paid classification in which the employee previously had successfully completed the probationary period and which will be vacated by the City as long as there are employees laid off who have seniority. If employees are least senior employee through the bumping process; or 2) Select a vacant position in the department in a lower or lateral paid classification provided the employee is fully qualified to perform the duties of the lower paid classification. 3) Accept reduced work hours, if any exist in the current classification and department; or 4) Elect to be laid off. e. Any employee who has been displaced by another more senior employee may be entitled to exercise the options set forth in 14.2(d) above. f. Whenever an employee has elected an option other than layoff as set forth in 14.4(d), the option may be implemented immediately as determined by the employee's Department Head in order to avoid a thirty (30) calendar day written notice shall long delay in the layoff and displacement process. g. Regular employees who are actually laid off from County service will be given to preference in filling future vacancies in the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at department from which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary off for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four up to two (42) years, reinstated to City serviceproviding they keep the Department Head advised of their current address. However, shall, to a person declining appointment in the extent possible for purposes same classification and department will be removed from the re-appointment list after two (2) refusals of all rights and benefits, be deemed to have been on leave without payre-appointment. Section 6. When h. Notwithstanding the work force provisions of this Article, the Board of Supervisors and the Association may agree to other procedures during the term of this Memorandum of Understanding where it is increased after a layoff, employees will be recalled mutually determined that an alternative is in reverse order the best interest of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityboth parties. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Memorandum of Understanding

Layoffs. Section 1Seniority shall be the determining factor for layoffs and recall from layoff. All employees will An employee whose position is abolished or transferred shall, in lieu of layoff, be laid off entitled to displace the least senior employee in line of least seniority and hired the same or lower grade at the employee’s worksite who is in reverse order. No a position for which the more senior employee will be hired is qualified, as determined by the City as long as there are employees laid off Judicial Branch. An employee, who have seniority. If employees are has received a layoff notice, must make the decision to be laid offdisplace another employee, a thirty in writing, within three (303) calendar day written workdays of receiving the notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2layoff. Employees who are subject so displaced shall likewise be entitled to layoff within their classification and who displace less senior employees, as described above. Employees whose positions are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary funded by grants for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of less than four (4) yearsyears initially are not eligible to displace other employees when their positions are abolished or transferred. Those whose grants are initially funded for four (4) years or more are eligible to displace other employees when their positions are abolished or transferred. For purposes of the above paragraph, reinstated to City service"worksite" shall mean the facility in which the employee works. If there is more than one court located in a single facility, then the employee's court or office headquarters shall be the worksite. If the court has a “consolidated clerk’s office” with one or more physical locations working under one (1) Clerk of Court, worksite shall mean any of the physical locations within the consolidated offices. However, in the event of a worksite closing, an employee whose position is abolished shall, to the extent possible for purposes in lieu of all rights and benefitslayoff, be deemed entitled to have been on leave without paydisplace the least senior employee in the same or lower grade in a worksite up to 35 miles from the employee's worksite, or the nearest worksite if all are beyond 35 miles, who is in a position for which the more senior employee is qualified, as determined by the Judicial Branch. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Bargaining Unit Agreement

Layoffs. Section 1. All employees will be laid off in line (a) In layoffs or reductions, seniority shall determine the order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6layoff. When the work working force is increased after a layoffagain increased, employees will on layoff shall be recalled in reverse order of their layoff. (b) When an employee is notified in writing, at the time of layoff he/she is to report back to work, he/she will report back at such time without further notice. Notice of recall When an employee is not notified at the layoff time when he/she is to report back to work, he/she shall be sent given three (3) days’ advance notice (from delivery or attempted delivery of notice) of when to report back to work. This notice will be given by certified mail to the last address furnished the Westin by the employee, with a copy to be sent immediately to the Union. (c) When a layoff occurs, the laid off employee at will be given preference for any job openings in any department and/or classification before new employees are hired, provided the last known address employee is qualified to perform the work required without training, as determined by registered or certified mailthe Westin. If an The involved employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered entitled to have voluntarily terminated immediate recall to the department from (d) In the event layoff becomes necessary, employees shall be allowed to bump the junior employee in their former job classification(s) in any department from which they had transferred, with full seniority that the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification employee had accumulated as provided in Section 2 8.9, provided as follows: 1. The employee is then qualified to perform the required work without training, as determined by the Westin. 2. The returning employee must take the work schedule, including shift and 3 hereindays off, shall have of the option employee being bumped for up to one (1) week, after which they may exercise their full seniority rights. 3. The employee must exercise his/her bumping rights at the time of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shalllayoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 57. Layoffs. When a reduction in the work force is necessary, the following procedure shall be used. Layoff will begin in departments affected in reverse seniority order. A reduction of straight time hours shall mean the same as layoff. 1. All employees will The employee shall first be laid off in line of least seniority and hired in reverse order. No allowed to displace a less senior employee will be hired by within the City as long as there are employees laid off who have senioritydepartment, provided the employee is qualified. If employees are necessary, the Employer will provide a training period of up to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position days in order to remain in qualify the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary employee for the officer job. If the employee is unable to qualify to perform the job, the employee will be placed in the highest step in the lower classification. Section 4laid off. WhereHowever, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such no employee shall be credited with seniority earned allowed to displace a less senior employee in his classificationa key position unless the employee has the present skills and abilities to perform the key position of the displaced employee. Section 52. Any Being unable to exercise his or her seniority in the department to which the employee who is laid off due to assigned at the time of layoff, the employee may displace a reduction in work force and thereafterless senior employee on a plant-wide basis provided the employee is qualified. If necessary, within the Employer will provide a training period of four (4) years, reinstated up to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days in order to qualify the employee for the job. If the employee is unable to qualify to perform the job, the employee will be laid off. However, no employee shall be allowed to displace a less senior employee in a key position unless the employee has the present skills and abilities to perform the key position of the date displaced employee. 3. If the employee is unable to exercise his or her seniority in accordance with the foregoing paragraphs, the employee may displace a less senior employee within the bargaining unit by department first and then plant-wide under the procedures outlined in paragraphs 1 and 2 above, provided the employee is qualified. If necessary, the Employer will provide a training period of mailing up to thirty (30) days in order to qualify the employee for the job. If the employee is unable to qualify to perform the job, the employee will be laid off. However, no employee shall be allowed to displace a less senior employee in a key position unless the employee has the present skills and abilities to perform the key position of the recall noticedisplaced employee. (This paragraph shall apply only if there is more than one plant covered by this Agreement.) 4. Notwithstanding the foregoing, he the affected employee may accept the layoff. 5. Employees on a leave of absence shall be considered able to have voluntarily terminated with the Cityexercise his or her seniority immediately upon his or her release to work. Section 76. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification The departments referred to above are defined as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallfollows: Maintenance Warehouse Total Quality Corn Sanitation Flour

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1A. Layoffs shall be conducted in accordance with this contractual procedure only. All Whenever it becomes necessary for the Board to reduce its workforce, it shall layoff employees will or abolishes their positions as provided in this Article. B. Employees may be laid off in line as a result of least seniority and hired in reverse order. No employee will be hired by the City a lack of funds, lack of work, or as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services result of that employee shall no longer be requiredabolishment of positions. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties C. A lack of funds means the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions Board has determined that a lack of such lower classificationsfunds exists, or that a current or projected deficiency of funding exists to maintain current, or to sustain projected, levels of staffing and operations. A lack of work means the Board has determined that it has a current or projected temporary decrease in the workload, expected to last less than one (1) year, which requires a reduction of current or projected staffing levels. Abolishment means the permanent deletion of a position or positions from the Board due to a lack of continued need for the position. The Board may displace employees who hold abolish positions as a result of such lower classificationsreorganization for its efficient operations, for reasons of economy, or for lack of work. Retention points are calculated in accordance with the method set forth in O.A.C. 123:1-41. Section 3. An employee who voluntarily requests demotion or another position D. Abolishment If an abolishment results in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, the Board shall use the following procedures for laying off employees: 1. The employees whose position has been abolished shall have the right to fill an available vacancy within the employee’s classification; 2. If the employee takes a whose position has been abolished has more retention points than any other employee serving in the same classification, then the employee with the fewest retention points shall be displaced; 3. If the employee whose position has been abolished has the fewest retention points in the classification, the employee shall have the right to fill an available vacancy in a lower classification in accordance the classification series; 4. If the employee whose position has been abolished has the fewest retention points in the classification, the employee shall displace the employee with the fewest retention points in the next or successively lower classification in the classifications series. E. Reduction in Force 1. Whenever a reduction in the work force is necessary, the Superintendent shall decide in which classification or classifications the layoff or layoffs will occur and the number of employees to be laid off within each affected classification. Employees shall be laid off using systematic consideration of length of continuous service with the Board. Employees will be notified fourteen (14) calendar days prior to the effective date of their layoff from the classification. 2. Employees shall be laid off in order set forth in this Section 2 and 3 hereofwithin the appointment categories of temporary, intermittent, part-time, seasonal, full-time, and other appointment categories as established by the Director of Administrative Services. 3. Whenever a reduction in force becomes is necessary within each of the primary appointment categories listed above, first temporary, then intermittent, then part-time, then seasonal, and then full-time employees shall be laid off in such the following order: a. Employees serving who have not completed their probationary period after appointment; (Article #14 A); b. Employees who have obtained certified status by completing their probationary period successfully. F. Displacement of Other Employees 1. A laid-off employee has the right to displace the employee with the fewest retention points in the classification from which the employee was laid off or in a lower or equivalent classification, such in the following order: a. Within the classification from which the employee was laid off; b. Within the classification series from which the employee was laid off. 2. A laid-off employee has the right to displace an employee with the fewest retention points in the classification that the laid-off employee held immediately prior to holding the classification from which he was laid-off, if the laid-off employee was certified in the former classification. If a position in that classification does not exist, then the employee may displace employees in the classification that he next previously held, and so on, subject to the same provisions. The employee may not displace employees in a classification if the employee does not meet the minimum qualification of the classification, or if the employee held the classification more than two (2) years prior to the date on which the employee was laid-off. 3. If, after exercising displacement rights, an employee is subject to further layoff action, his displacement rights shall be credited in accordance with seniority earned in his classificationthe classification from which he was first laid-off. Section 54. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to Following the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall , an employee laid-off shall be sent to displace another employee in the following manner: a. Each laid-off employee possessing more retention points shall displace the employee at with the last known address fewest retention points in the next lower classification or successively lower classification in the same classification series. A laid-off provisional employee shall not have the right to displace a certified employee; b. Any employee displaced by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days possessing more retention points shall displace the employee with the fewest retention points in the next lower classification or successively lower classification in the same classification series. A displaced provisional employee shall not displace a certified employee. This process shall continue, if necessary, until the employee with the fewest retention points in the lowest classification of the date of mailing classification series of the recall noticeBoard has been reached and, he shall be considered to have voluntarily terminated with the Cityif necessary, laid-off. Section 75. When Employees shall notify the work force is increased Board of their intention to exercise their displacement rights within five (5) days after receiving notice of layoff. 6. No employee shall displace an employee for whose position or classification there exists special minimum qualifications, as established by a layoffBoard position description, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 hereinspecifications, shall have or by bona fide occupational qualifications, unless the option of occupying positions which open up in their former classification with no loss of seniority in that employee desiring to displace another employee possesses the requisite minimum qualification for the position or classification. This option shall.

Appears in 1 contract

Samples: Master Agreement

Layoffs. Section 1The City, in its discretion, shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, employees covered by this Agreement will be laid off as follows: a) All probationary employees will be laid off in line of least seniority first or terminated unless the City can demonstrate that the probationary employee(s) subject to layoff possess necessary qualifications or abilities to do the work which no non-probationary employee possesses without significant further training. b) If further reductions are necessary and hired in reverse order. No skill, ability, and performance record are equal between two (2) affected employees, then the less senior employee will be hired subject to layoff. Employees laid off by the City shall be placed on a recall list for a maximum period of eighteen (18) months following the date of layoff. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification to which they are recalled without further training. An employee may only be recalled to the same or a lower paying job classification in the bargaining unit. If an employee is recalled to a lower paying job classification, the employee shall be compensated at the rate of pay applicable to such job classification. The City shall not hire new employees in bargaining unit positions from which employees have been laid off as long as there are still eligible employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to on the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees recall list who are subject to layoff within their classification and who are presently qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain work in the classified service following a reduction in force affected job classification who are willing to be recalled to said classification. It shall be placed at a rate the responsibility of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes on the recall list to provide the City with an address to which a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall recall notice can be credited with seniority earned in his classification. Section 5sent. Any employee who is laid off due to declines a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. recall under this Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee who fails to report for notify the City of his intent to return to work within thirty seven (307) calendar days after his notice of recall is mailed to the date of mailing of the address he provides shall forfeit further recall notice, he shall be considered to have voluntarily terminated with the Cityrights. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All 19:01 Subject to the employee being able or willing to perform the available duties, employees will shall be laid off in line reverse order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are seniority. 19:02 Further, any employees so laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and first opportunity for any casual employment provided they are capable of doing the Union prior to the date that the services of that employee shall no longer be requiredavailable work. Section 2. Employees who are subject 19:03 Any employee can bump from one House to layoff within their classification another House provided she has the ability and who are qualified qualifications to perform duties do the job required of the next lower classification in declining sequence, mayother position. A full-time employee who has received a notice of layoff can bump a junior full- time employee, in order at which they are laid off, occupy vacant positions of such lower classifications, the same classification or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and or if she happens to be the most junior she may bump a reduction in force becomes necessary in such lower classification, such junior part-time employee. The “junior” employee shall who is bumped may bump another “junior” employee based on the same principle or be credited with seniority earned in his classification. Section 5laid off. Any employee who is chooses not to bump shall be laid off due and placed on the re-employment list immediately. 19:04 An employee who, according to her seniority, is to be laid off shall receive in writing a reduction notice of layoff or pay in work force lieu thereof at least one (1) month in advance of the date the layoff is to commence with a copy to, the Union forwarded without delay. Such notice shall state the reasons for the layoff and thereafter, within the expected duration of the layoff. 19:05 An employee on continuous layoff for a period of one (1) year shall, at the end of that period, be considered terminated and his name shall be removed from the re-employment list. 19:06 Laid off employees shall be called back in reverse order of layoff starting with the most recently laid off employee and continuing in descending order to the first employee laid off, provided that in each case, the employee is able and willing to perform the available duties. 19:07 Provided she has the qualifications and abilities required to perform the duties of a vacant position, a laid off employee shall be given the right of first refusal over applicants external to the bargaining unit. 19:08 Notice of recall to an employee who has been laid off shall be made to the last known address filed by the employee with the Employer. Notice of recall will be sent by certified mail. A laid off employee must within four (4) years, reinstated days after recall confirm her intention to City service, shall, return to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall or her employment shall be sent terminated. The employee must return to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty one-half (30½) calendar days month of the date of mailing receipt of the recall notice, he shall be considered to have voluntarily terminated with notice unless a later date is mutually agreed between the CityEmployer and the employee. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 1. All employees will 20.01 Layoffs due to retrenchment or curtailment in operations by the Company shall be in inverse order of seniority within each Job Title. Section 20.02 Layoffs under this Article may, at the discretion of the Company, be confined to one or more Job Titles. Section 20.03 An employee who is about to be laid off may elect to transfer to another job in line the bargaining unit in accordance with the following guideline: A. The job is vacant and at the Company's option will be filled or the incumbent employee has less company service than the transferring employee. Company service is defined as the System Service date reflected in the employee's current HR Record. B. Transfers may only occur on a lateral or downward basis as determined by the maximum wage rates for the wage schedules involved. C. It is understood and agreed that the transferring employee must have previously held the job title or demonstrate he/she has the skill and ability to perform the new job after a minimum of least seniority on-the-job training and hired in reverse orderfamiliarization (defined as 120 hours). No If formal classroom training is required to perform the work, the employee will not be hired eligible to bump. D. In all cases, the most senior employee requesting transfer must displace the least senior employee in the job title to which he/she is requesting transfer. Multiple requests to displace the same incumbent shall be granted on a seniority basis, providing either of the elements of Section 20.03C are met by all employees requesting transfers. E. Employees affected by work force reduction who elect not to transfer, shall be separated without loss of recall rights or severance pay. F. Employees requesting transfer in order to avoid work force reduction must provide written notification of their intent to the City as long as there are employees laid off who have seniorityCompany within five (5) calendar days following the work force reduction notification. If employees are Management shall review their request to be laid offdetermine compliance with Section 20.03 and shall advise the employee of the status of their transfer request within ten (10) calendar days following the layoff notification. Employees not complying with the time frames or not electing to transfer, a thirty may not elect to transfer after the expiration of the five (305) calendar day written notice shall decision period specified in this section. G. Employees who are displaced will be given to notice as specified in Article 20 and may, if applicable, exercise their transfer rights under the affected employee and the Union prior to the date that the services provision of that employee shall no longer be requiredthis policy. Section 220.04 Reinstatement shall be offered within each Job Title before new employees are hired in such Job Title. Employees The Company will offer reinstatement to those employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification were laid off in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classificationseach Job Title, or may displace employees who hold positions of such lower classifications.were designated for layoff and were transferred from that job title through a job bid following a Section 320.05 The Company shall send a certified letter of availability to employees due for reinstatement under the provisions of this Article. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force The letter shall be placed at a rate mailed to the employee's last known address. Any such laid off employee must respond and be available for work within fourteen (14) days after the mailing of notification; otherwise, the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such laid off employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been refused reemployment, and the Company's obligation under this Article shall be terminated. There will be a thirteen (13) month time limit on leave without paythe period of recall for laid off employees. It shall be the responsibility of the laid off employee to inform the Company of change of address. Section 6. When 20.06 Regular full-time and regular part-time employees laid off under this Article shall receive a layoff allowance, paid in a lump sum amount, computed on the work force is increased after a layoff, employees will be recalled in reverse order employee's regular rate of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification pay as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallfollows:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. When making a reduction in the number of employees in a department for any reason, and when rehiring within the recall period as covered in Section 1. All 4(g) of this Article, the following procedures shall govern. (a) Employees who have not established seniority in the department shall be laid off first. (b) Apprentices, if any, shall be laid off second. (c) Thereafter, employees will shall be laid off in line the inverse order of least their established seniority by department. (d) The only exception to (c) above is when and hired in reverse order. No employee with lessor seniority has demonstrated skills not possessed by others and, then, he/she can be retained. (e) For purposes of this Section qualification includes possession of any required specialty driver’s license. (f) An employee displaced from his/her position as a result of a lay off or job elimination will be hired given the opportunity to work in a declared vacancy in another department if the employee has the ability and qualifications to sufficiently perform the available work as determined by the City as long as there are employees laid off who have seniorityCity. If employees his/her ability and qualifications are to be laid offequal, City seniority shall prevail. If hired into a thirty (30) calendar day written notice shall be given to new department, the affected employee and the Union prior to the date that the services of that employee shall no longer start his new department seniority on his/her first day and be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification on probation in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent that department for ninety (5%90) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified maildays worked. If an employee fails quits, is terminated, or becomes unable to report for work within thirty work, that position will be opened unless determined otherwise by the Mayor or the Mayor’s designee. The determining factor will be the workload in that department at that time. (30g) calendar days If there are no vacancies in the other departments, the employee may use their departmental seniority to bump the most junior employee in that department, or his/her City seniority to bump the most junior employee in the bargaining unit provided that employee is not in the process of securing a license or certification, is licensed or certified, or possesses skills and qualification unique to that department. In that instance, the date employee would bump the next most junior employee. When an employee bumps another employee because of mailing of a reduction in a classification, the recall noticeemployee must have the qualifications and ability to sufficiently perform the available work. (h) When recalling employees from layoff status, he employees shall be considered physically able to perform the available work and have voluntarily terminated with the City. Section 7ability and qualifications to sufficiently do the job. When ability and qualifications to sufficiently perform the available work force is increased after a layoffare equal, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, departmental seniority shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallprevail.

Appears in 1 contract

Samples: Labor Agreement

Layoffs. Section 1When a position in the classified service is vacated, discontinued or abolished because of a lack of work, or funds, or material ban, or a change in the duties and responsibilities of the position or in the departmental organization, the City Manager shall notify the Human Resources Director and the Union of the positions to be vacated, discontinued or abolished, together with the reasons therefore. All Upon receiving such notice, the Human Resources Director shall, as soon as possible, furnish in writing to the City Manager and the Union the names of employees will to be laid off in line of least seniority and hired in reverse the following order: a) Layoffs shall be selected within a classification. No employee will in the affected class with permanent status in the classified service shall be hired by laid off if an employee who does not hold permanent status in the classified service would continue to serve in the class. The order of layoff among employees who do not have permanent status in the classified service shall be discretionary with the City as long as there are Manager. Within the class, all employees laid off who have senioritypermanent status in the classified service shall be ranked on a layoff list based on the total number of service credits. If Service credits shall consist of one (l) point for each month of continuous City employment. Continuous employment shall include any period of authorized absence with pay. However, no credits shall be awarded for periods during which an employee was rated unsatisfactory, as evidenced by an official performance evaluation. b) The layoff list shall be prepared by totaling service credits and ranking the employees are within the class in order, placing the employees within the class in order, placing the employee with the lowest number of credits at the bottom of the list. Layoff shall be in inverse order beginning at the bottom of the list. The total number of positions in the class to be discontinued or abolished will determine the number of employees to be laid off. c) Should two (2) or more employees have the same number of service credits, a thirty (30) calendar day written notice the order of layoff shall be given to determined by giving preference for retention in the affected following sequence: 1) The employee and with the Union prior to longest service in the date that the services of that employee shall no longer be requiredclass. Section 2. ) Employees who are subject entitled to layoff within their classification and who are qualified to perform duties veteran's preference. 3) The employee with the highest average overall performance rating in the current class. 4) Discretion of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsCity Manager. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1(a) In the event of a permanent layoff within a job classification in one department, probationary employees within that job classification in one department shall be laid off first without regard to their individual periods of employment. All Non- probationary employees shall be the next to be laid off on the basis of their bargaining unit seniority within the affected job classification within one department. (b) In the event an employee is scheduled to be permanently laid off in one department and there exists a vacant position in another department, which the employee has the skill and ability to perform, bargaining unit seniority within the affected job classification shall prevail in assigning such employees to be laid off to such vacant jobs. This provision is not intended to circumvent the article on promotions. (c) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job. The least senior employee shall be permanently laid off. In the event the employee originally scheduled to be permanently laid off does not wish to exercise his/her rights to bump or take a vacancy which may be available such employee shall be deemed to be permanently laid off. (d) In the event that an employee is reassigned to either a vacant position or the position held by the least senior employee within the job classification and department, he/she shall serve an eight (8) week probationary period, during which he/she may be removed from the position and shall be laid off if his/her performance is not satisfactory in the opinion of Management, but such action will be subject to Article 32 of this Agreement (Grievance Procedure). (e) A non-probationary employee shall not be permanently laid off if, at the time of the prospective layoff, temporary work is available in the classification of the employees scheduled to be laid off that the employee is qualified to perform and the employee accepts the assignment and schedule required of the temporary position. At the time of the permanent layoff, it should be the employee’s option to accept such assignment or to exercise rights under the layoff and recall provision of this Article. (f) If the employee accepts such temporary assignment, the employee is not permanently laid off and remains an employee with recall rights commencing from the effective date of permanent layoff stated in the Notice Letter. At the end of the temporary assignment, if another temporary assignment, for which the employee is qualified, is not available the employee will be laid off and receive severance pay equal to the difference between the weeks in line the temporary assignment and the severance pay as outlined under Article 20 of least seniority and hired in reverse orderthe collective bargaining agreement, if any. No employee In the event that a non-temporary position exists at the end of the temporary assignment the above recall procedures shall apply. This provision will be hired by the City as long as there are employees laid off who have seniority. If employees are not apply to be probationary employees. (g) When an Employee is temporarily laid off, is given a thirty definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective May 1, 2006 to Section 590.11 of the Labor Law, the University will pay such employee the sum of $255.00 per week ( the deduction shall not exceed $51.00 per day) effective April 1, 2002 during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the layoff period. There will be a one (301) calendar day written notice shall week waiting period per year during the Summer recess to receive the above payment. Under no circumstances will the above payment be made after the return date given to employee at the affected employee and the Union prior time of layoff, or during a period for which Unemployment Compensation Benefits are paid. The University shall continue to contribute to the date that National Benefit Fund for Hospital and Health Care Employees on behalf of said Employee at the services same rate during the period of that employee shall no longer be requiredtemporary layoff for the duration of the contract. Section 2(h) Prior to each recess, the parties shall agree on a list of Employees ready to work or not ready to work during recess. Employees If an Employee who are subject is listed as ready to layoff within their classification and who are qualified work declines to perform duties work when called by management, the Employee’s name will be removed from the recall list for the remainder of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsrecess period and management will give notification to the Union. Section 3. An employee who voluntarily requests demotion or another position in order (i) The Employer agrees to remain in give the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer Employee to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is permanently laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to weeks notice of the extent possible for purposes layoff. In the event of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a temporary layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent during intercession or during the summer, the Employer agrees to give the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty Employee two (302) calendar days weeks notice of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Citylayoff. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1(a) In the matter of layoffs, seniority of the employees within the affected department will govern. (b) The Company shall give one week’s notice or one week’s pay of forty-hours (40) in lieu of notice to an employee being laid off. All An employee intending to resign will give the Company one week’s notice. The Company will give the Union at least two weeks’ notice in advance of any proposed layoffs and afford the Union an opportunity to discuss the matter fully with the Company. (c) If it becomes necessary to reduce the workforce in any job classification, reductions shall be made in the following manner: I. Starting with the job classification in which the surplus exists, the surplus employees will be laid off in line of determined based on those having the least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have departmental seniority. The surplus employee(s) in order of departmental seniority will first be given the opportunity of exercising any rights they may have under article VI section 6. If employees are no such rights exist, or the employee declines to be laid offexercise such rights, a thirty (30) calendar day written notice then he shall be given to the affected opportunity of displacing any employee in a job of lower classification provided he has greater departmental seniority than the employee being displaced in the lower job classification and provided he is qualified and capable of performing the Union prior to the date that the services of that employee shall no longer be required. Section 2work. Employees who are subject to layoff within displaced from their jobs by this process will be given the opportunity of displacing employees in lower job classifications in the same manner. Employees who are transferred or demoted (but not laid off) shall retain their seniority in their former job classification and who are qualified be entitled to perform duties of the next lower fill any subsequent vacancies in such job classification in declining sequence, may, in the inverse order at which they are laid off, occupy vacant positions of such lower classifications, their transfer or may displace demotion there from without regard to the seniority of employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5II. Any employee who is unable to displace any other employee in his line of promotion and is thereby surplus in the lowest job classification in that department will be given the opportunity, based on his Company seniority, to displace a probationary employee in a starting job for which he can qualify or the employee with the least Company seniority in a starting job which the surplus employee meets the job specifications and qualifications, before he is laid off. (d) Regular employees that the Company lays off due to lack of work shall retain seniority in their former job classification for a reduction period not to exceed eighteen (18) months from the date of layoff and shall be entitled to fill any subsequent vacancies in such job classification in the inverse order of their layoff. On a subsequent increase of such work force and thereafter, within a period not to exceed eighteen months, laid off employees shall be given an opportunity to return to work in the inverse order of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a their layoff, if available and able and qualified to return to work before new employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityare hired. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 120.1 Bargaining unit members shall be subject to layoff for lack of work or lack of funds. All employees will be laid off in line of least seniority and hired in reverse order. No Affected employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union notice of layoff not less than sixty (60) days prior to the effective date that of layoff and informed of their displacement rights, if any, and reemployment rights. When employees in the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they bargaining unit are laid offoff for lack of work or lack of funds, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force layoffs shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled made in reverse order of layoffseniority in the classification in which the layoff occurs. Notice of recall shall be sent to The employee who has been employed the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall noticeshortest time in a classification, he plus higher classifications, shall be considered to have voluntarily terminated with the Cityleast seniority and, therefore, shall be laid off first. 20.2 When, as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classification employees will be subject to layoff for lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any, and reemployment rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff. 20.3 No permanent nor probationary classified employee shall be laid off from any position while employees serving under emergency, substitute, or limited-term employment are retained in positions of the same classification or similar classifications. 20.4 A written notice of layoff shall be personally delivered to the bargaining unit member(s) or mailed by certified or registered mail to the employee’s last address on file at the District office not less than sixty (60) days (except in emergency situation as stipulated in Ed Code Section 745117) prior to the effective date of the layoff. 20.5 The names of permanent and probationary employees laid off shall be placed on a reemployment list for the classification for which they were laid off. When Names on the work force reemployment list shall be in the order of seniority and shall continue for thirty-nine (39) months from the date of layoff. 20.6 Employees on reemployment lists shall be hired over outside applicants for vacant positions for which he/she meets the qualifications for the position. (Xxxxxx v. Grossmont decision). 20.7 Any employee on a reemployment list shall be notified in writing by the District a vacancy exists along with a notice of the job posting. The written notice will be mailed to the last address given to the District office by the employee. 20.8 Refusal of an offer of employment shall not affect the standing of any employee on a reemployment list. 20.9 If the employee is increased reemployed in a permanent position, the employee will receive the accumulated sick leave and seniority that he/she accrued prior to the layoff. 20.10 After job site transfers have been considered, if a vacant position exists, an employee who has been laid off and is on a reemployment list may, based on seniority, elect to be placed into a vacant position within the classification from which he/she was laid off. a. If the employee accepts reemployment into the same classification from which the employee was laid off, the employee shall be restored to his/her former step on the salary schedule. 20.11 In lieu of being laid off, an employee may bump to any classification in which he/she had previous served under permanent or probationary status providing the employee has seniority over an employee already in the classification. Seniority in the current classification plus higher classifications in which the employee served shall be counted. 20.12 In order to bump into a previous classification, the employee must notify the District office in writing not later than ten (10) calendar days after receiving a layoff, those persons who have voluntarily taken layoff notice. 20.13 An employee electing to bump into a lower classification as provided shall be placed on a reemployment list for thirty-nine (39) months, plus an additional twenty-four (24) months. 20.14 If eligible, an employee who is scheduled for layoff may elect service retirement from the Public Employee’s Retirement System. The employee’s name will be placed on a reemployment list. Upon receipt of notification from the employee that he/she has elected service retirement, the District office will notify PERS that the employee’s retirement was due to a layoff. 20.15 Should an employee who elects service retirement subsequently accept, in Section 2 and 3 hereinwriting, reemployment, the District shall have maintain the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallvacancy until PERS has properly processed the request for reinstatement from retirement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1a) When circumstances require a reduction in the number of employees in a particular job classification, the employee in that job classification having the least amount of plant seniority will, provided the employees retained have the qualifications and ability to perform the work required, be laid off with recall rights if they so elect or, be permitted to displace an employee in the next lower available classification in the department, in which they have the qualifications and ability to perform the work available and if the employee in the lower classification has less plant seniority. All The employee with the least plant seniority will be displaced. b) After being displaced out of their departments, employees will be laid off in line on the basis of least their plant seniority provided the employees retained have the qualifications and hired in reverse orderability to perform the work required. No This means that if an employee will be hired by the City as long as there are employees laid off who have seniority. If employees are is scheduled to be laid off, they will have the right of displacing an employee in a thirty (30) calendar day written notice shall be given to higher job classification providing they have the affected employee qualification and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified ability to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An work required and providing that an employee who voluntarily requests demotion or another position in order to remain in the classified service following higher classification has less plant seniority. When a reduction in force shall be placed at a rate of senior employee does not have the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer qualifications and ability to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes bump into a position in a lower the plant, the employee, in the course of each layoff, will be allowed to displace another employee once, with less seniority, in the following entry-level positions, providing the employee meets the physical requirements: Firstly, the Slitting Assistant and Pouch Making Packer positions. The total number of employees to be displaced in these entry- level positions cannot exceed 25% of the required staffing. Secondly, if the 25% of required staffing in the Slitting Assistant and Pouch Making Packer positions is exceeded, the Assistant classification in accordance with Section 2 all departments and 3 hereofthe General Utility classification will then be utilized, and up to a reduction maximum of 25% of required staffing, as entry level positions during a layoff. It is understood that where an employee does not meet the physical requirements to displace an employee in force becomes necessary certain classifications, they will retain the right to displace an employee in such lower classificationan available position set out in this article where they do have the physical requirements to perform the job. c) If circumstances require, such employee a temporary layoff may be declared in which case the layoff provisions of this agreement do not apply. A temporary layoff shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to defined as a reduction in work force and thereafter, within a period of layoff which does not exceed four (4) yearsworking days. When a temporary layoff occurs, reinstated the Company will lay off within the affected department by plant seniority. Where a temporary layoff occurs for a period less than 48 hours, the Company will lay off within the affected classification by crew by plant seniority within the affected department. d) Whenever an employee is displaced under the provisions of Article 9.02, and waive their right to City servicebump into another classification, shallas per the provisions of Article 9.02, then this employee will be recalled only to the extent possible for purposes of all rights last department and benefits, be deemed to have been on leave without payclassification that they held before being laid off. Section 6. e) When the recalling employees to work force is increased after a layoff, employees will they shall be recalled called in reverse order of layoff. Notice of recall shall be sent to that in which they have been laid off, provided the employee at employees recalled have the last known address by registered or certified mail. If an employee fails qualifications and ability to report perform the work required. f) Scheduled plant shutdowns for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall summer and Christmas purposes will not be considered to have voluntarily terminated with as layoffs under the Cityterms of this agreement. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 124:1 When it becomes necessary to reduce the force, or a job is eliminated, layoffs will be according to department seniority, when feasible, and when this procedure will not impair the proper operation of the department. All In the event a layoff is proposed or pending, the Director of Personnel shall inform the Association Representative in writing. Prior to the City’s decision to lay off employees, the City agrees to discuss possible alternatives to any layoffs with the BPSA leadership. At no time should such discussions be deemed negotiations or collective bargaining subject to the midterm negotiations rules of MERA unless mutually agreed to by the City and the Union. Any decision to lay off employees will shall remain within the sole discretion of the City. 24:2 When layoffs become necessary, after the layoff of new probationary employees (employees having worked for the City less than five [5] months), employees shall be laid off in line order of their department seniority (least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid offsenior first), a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date provided that the services of that employee shall no longer be requiredemployees retained are able to satisfactorily perform such work as remains available. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. 24:3 Any employee who is laid off due to a reduction shall retain recall rights in work force and thereafter, within accordance with his/her seniority for a period of four three (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of 3)years from the date of mailing his/her layoff. Recall rights shall apply to the employee’s former classification or any classification in an equal or lower job code which he/she is qualified to perform. An employee shall lose all recall rights if he/she rejects recall to his/her former job classification or to another job in the same code, but shall not lose recall rights for refusing recall to a lower job code, and shall not lose recall rights to his/her original job by accepting recall to any other job. An employee also shall not lose recall rights for refusing recall because of temporary verified physical incapacity. 24:4 For purposes of this Article, Association officers and stewards shall have top seniority and shall not be affected by any layoff in their department, provided they are qualified to perform one of the recall noticeremaining jobs in the department or, he shall be considered to have voluntarily terminated with in the Citycase of a union officer, one of the remaining jobs in the bargaining unit. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. In case of curtailment of employment, Employees shall be subject to transfer or layoff and eligible to replace Employees in the following manner: a. The full-time Employee to be transferred per Section 2.25 because of curtailment shall have the option of accepting the transfer to either the least senior full-time or the least senior part-time position in the affected classification. 1. All employees will The full-time Employee who has the lowest classification seniority within the classification affected shall be laid off first and may make written request to replace the full-time Employee with the lowest classification seniority in line of least the lower classification within the same classification group, provided the Employee has classification seniority over the Employee then occupying said position or that the Employee has group seniority over the Employee occupying said position and hired has experience and qualifications to perform the duties, although not having accrued more, if any, classification seniority over the Employee in reverse ordersaid position. 2. No employee will The full-time Employee who has the lowest classification seniority within the classification affected shall be hired by the City as long as there are employees laid off who have seniority. If employees are first and may alternatively make written request to be laid off, a thirty (30) calendar day written notice shall be given to replace the least senior part- time Employee within the affected employee and classification, provided they have classification seniority over the Union prior Employee in said position; in which case the part- time Employee may make written request to replace the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of least senior Employee in the next lower classification, provided said classification seniority over the Employee has Employee then occupying said position or that the Employee has group seniority over the Employee occupying said position and has experience and qualifications to perform the duties, although not having accrued more, if any, classification seniority in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationssaid position. Section 3. An employee who voluntarily requests demotion or another position Employees that assert bumping rights shall be sub- ject to a transitional period of wage adjustment to be applied in order the following manner: Upon the effective date of working in the lower classification, such Employees will retain their current, higher rate of pay for a period of three (3) months. At the beginning of the first pay period following that three (3) month period, the pay rate will be adjusted to the mid-point between the Employee’s current rate of pay and the appropriate rate for their new position. This transi- tional rate will remain in effect for three (3) months. At the classified service beginning of the first pay period following a reduction in force shall be placed at a this second 3-month period, the rate of pay will be adjusted to reflect the new classification appropriate rate of pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4c. An Employee shall have the right to return to a classification previously held in another classification group by making written request to replace the Employee with the lowest classification seniority, provided the following conditions are met: 1. Where, by virtue of a reduction This provision shall not be used for upgrading. 2. The Employee must have worked two (2) of the workforce, an employee takes a position past five (5) years in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his the prior classification. Section 53. Any employee who is laid off due If there has been a substantial change in qualifica- tions, methods, or technology in the prior classifica- tion since the Employee worked in that job, the Employee shall be provided a reasonable break-in period. 4. The Employee must have more Company seniority than the Employee to a reduction in work force be replaced. d. Employees must be fully qualified and thereafter, within a period of four (4) years, reinstated physically able to City service, shall, perform necessary duties involved to be eligible to replace an Employee. e. Written requests made pursuant to the extent possible for purposes of all rights and benefits, layoff procedure set forth in this Section 2.26 are to be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent made by U.S. Mail or faxed or emailed to the employee at Human Resources Department of the last known address by registered Company postmarked or certified mail. If an employee fails to report for work time stamped within thirty seven (307) calendar days after notice of termination. Duplicate copies shall be mailed or faxed to the Union by the Employee. f. Employees who have been given notice of their pending layoff will be given priority over non-employees in filling existing vacancies covered by this Agreement throughout the Company, provided they are qualified. The Company will eliminate individual, third-party contract workers, temporary, and casual Employees who are performing bargaining unit duties prior to laying off full- or part-time Employees listed in positions expressly set forth in Section 2.18(c) of the date Collective Bargaining Agreement; provided that such Employees are available to transfer, and will transfer to the position, the duties of mailing which are being performed by a contract worker. This Agreement shall not be construed to require the lay-off of the recall notice, he any contract workers hired pursuant to a bid process or otherwise to undertake an identifiable project or other non-routine work for which contract workers have customarily been used. 1. Any full-time Employee laid off because of lack of work shall be considered entitled to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification severance compensation as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallfollows:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 118.1 The company will consult with the Local Union executive with respect to any planned lay-off prior to any discussions with those employees that may be affected. All employees will At this meeting the 18.1.1 Notwithstanding the foregoing, a more senior employee in a job classification may offer to be laid off in line the place of least a more junior employee. If the offer is accepted by the Company the more senior employee will waive his bumping rights and will receive the severance provided for in Article 18.3.1 or such amount as may be agreed between the employee and the Company. 18.2 Any employee about to be laid off from one job function who has the necessary qualifications set by the Company for another job function may apply his Company seniority and hired in reverse orderrevert to such other function. No employee will is to be hired displaced by a more senior employee unless the latter possesses the occupational qualification of the job filled by the City employee with less seniority. Employees must declare their intent to bump within seven days of receiving layoff notice or notice they are being bumped. 18.2.1 Should an employee bump into a lower salary group in accordance with Article 18.2, his/her pay rate in effect at the time of the bump shall be frozen or “red-circled” until such time as long the pay rate for the lower salary group catches up to the red-circled rate, after which such employee shall receive pay increases in accordance with the provisions of Article 24. 18.2.2 Employees who bump into a higher job group shall be paid at a rate within the new group closest to but not less than their rate of pay prior to the bump. 18.2.3 Employees who bump into a different classification shall retain recall rights, as there are set out under Article 15, to their former classification. 18.2.4 Laid off employees must declare their intent to bump within seven (7) days. However, should a bumping opportunity, or job posting arise during the notice period that was not available at the time of declaration, the employee shall retain their right to bump or apply. 18.3 The Company shall provide advance written notice of lay off to an affected employee and the Union, or pay in lieu of such notice, in accordance with the following: 18.3.1 A laid off employee who has completed his/her probationary period may, at any time prior to the employee’s recall period, opt to receive severance pay in an amount equal to three (3) weeks’ pay per year of service, or portion thereof, with a minimum payment of four (4) weeks up to a maximum payment of sixty six (66) weeks. Where an employee accepts severance pay he/she shall be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement. 18.3.2 Notwithstanding Article 18.3, the employee may elect to receive severance pay at any time after the date of layoff, in which case the employee shall be considered terminated and have seniority. If no further rights of recall. 18.4 Upon request, an employee shall be paid all vacation pay, banked time off, overtime or any other outstanding monies owing on the last day of work prior to lay-off. 18.5 The Company agrees that it will not consistently schedule overtime in order to affect or extend lay-offs. 18.6 It shall be the intention of the Company to give full consideration for job vacancies within the bargaining unit to those employees who are to be laid off. 18.7 While an employee is laid off, the Company will continue both the employee’s and its own portion of the payment of premiums for Medical Services Plan of B.C., dental, extended health and group life insurance, at the employee’s request for the period of layoff up to a thirty maximum of three (303) calendar day written notice months or until the employee is eligible for benefits elsewhere, which ever first occurs. The employee’s portion of this cost shall be given recoverable by the Company from the employee after he/she has returned to work, and on a basis mutually satisfactory to the affected employee Company and the Union employee. Employees not called back to work prior to the date that expiry of their recall rights shall have such prepaid expenses deducted from any monies owing to them by the services of that Company. The above mentioned benefits will be extended for a further three (3) months, provided the employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of pays the next lower classification full premium for such coverage in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, advance to the extent possible for purposes of all rights and benefits, be deemed to have been Company on leave without paya monthly basis. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 1. All employees will be laid A. In the event it becomes necessary to lay off an administrator because of declining enrollment, budgetary constraints or changes in line of least seniority and hired in reverse order. No employee will be hired by curriculum, the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice decision shall be given to made on the affected employee basis of length of service as an administrator in the system, certification and qualifications. An administrator’s length of service as an administrator in the Union prior to system shall be a prime factor, but not a sole factor in making such decisions. Length of service shall be determined from the last date that the services of that employee shall no longer be requiredhire as an administrator. Section 2. Employees who are subject B. The following provisions shall apply to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off administrator displaced due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay.force: Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail1. If an employee fails to report for work within thirty (30) calendar days administrator is relieved of his/her position because of a reduction in staff or abolishment of that position, he/she will be offered an administrator’s opening if one exists in his/her classification. If there is no existing administrative opening in his/her classification, the displaced administrator shall be offered the position of the date least senior administrator in his/her present classification. 2. If there is no existing administrative opening in his/her classification and the displaced administrator has the least seniority of mailing those within his/her classification, he/she will be offered an administrative opening, if one exists, in any other administrative classification for which he/she is certified and qualified; provided, however, such appointment does not constitute a promotion. 3. If there is no such existing administrative opening in any other administrative classification for which the displaced administrator is certified and qualified, the displaced administrator shall be permitted to bump the least senior administrator in another classification for which he/she is certified and qualified and in which he/she has had previous experience (in any school district), provided that the displaced administrator has administrative seniority over the least senior administrator in such classification, and provided that such appointment does not constitute a promotion. 4. If an administrator is relieved of his/her duties because of reduction of staff or elimination of position and another administrative position is not available to the recall displaced administrator in accordance with this section, he/she will be offered a teaching position for which he/she is certified, subject to, and consistent with the reduction in force contract provision or policy then in effect relative to teachers. C. Administrators to be laid off after the school year has begun shall receive sixty (60) days’ notice. D. The name of any administrator who has been laid off shall be placed upon a reappointment list and remain on such list for one (1) year, he provided such administrator does not refuse a reappointment and provided such administrator applies in writing by registered mail for retention of his/her name on said list on or before June 1st of each year subsequent to his/her layoff. Failure to file such application with the Superintendent of Schools as provided in this subsection shall automatically remove such administrator’s name from the reappointment list and the administrator will be considered to have voluntarily terminated with resigned. Administrators on the Cityreappointment list who qualify for vacancies shall be given prime consideration. Section 7. When E. While on the work force is increased after recall list, and upon the written request to the Superintendent of Schools, a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, laid off administrator shall have the option opportunity to continue participation in the district’s health insurance at his/her own expense, as provided by COBRA. F. The classifications and administrative hierarchy referred to within this article are: 1. High School Principal; 2. Directors of occupying positions which open up in their former classification with no loss Teaching and Learning; Directors of seniority in that classificationPupil Personnel Services 3. This option shallBennet Academy Principal; Xxxxxx Middle School Principal;

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees will Any employee may be laid off in line separated from his/her employment for an indefinite period of least seniority and hired in reverse order. No employee will be hired time by the City as long as there are employees laid off who have seniority. If employees are to be laid offbecause of lack of work, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services lack of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties funds, abolition of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classificationsposition, or may displace employees who hold positions of such lower classifications. Section 3other similar causes. An Such action is designated as a layoff and shall entitle the laid- off employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed on the re-employment list for his/her job classification. Layoffs shall be governed by seniority within a particular sworn job classification, with service in a higher-paying classification in the highest step same promotional line counting as service in that job classification. That is, the employee being laid off shall be the employee with the lowest seniority, as defined herein, in the lower classification. Section 4particular sworn job classification involved. WhereRe-employment from layoffs shall be in the reverse order in which the layoffs occurred. Any position may be abolished by the City Council, by virtue and should such abolished position be reinstated, the laid-off employee shall be entitled to re-employment in accordance with the rules governing layoffs. If there is a class of sworn positions of a reduction lower rank, and in the same promotional line as the class of positions from which layoff is made, the workforce, an Police Chief shall demote the employee takes scheduled for layoff to a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower ranking sworn job classification, such . The employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of lowest seniority in that classification. This option shall, as defined herein (which includes all time served in the higher paid classification from which an employee was bumped down pursuant to this provision), may in turn be laid off or bumped down in the same manner, with the end result being that the last individual employed in the lowest ranking sworn job classification may be laid off.

Appears in 1 contract

Samples: Memorandum of Understanding

Layoffs. Section 1. All employees will Employees scheduled to be laid off in line of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given entitled to the affected employee four (4) weeks notice or pay in lieu thereof and Temple shall meet and discuss on such layoffs with the Union prior to in advance of the date that the services initiation of that employee shall no longer be requiredsaid layoff. Section 2. Employees who are subject to In the event of a layoff within in a department, temporary employees shall be laid-off first, then probationary employees, then regular part-time employees and then regular full-time employees on the basis of their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsTemple seniority. Section 3. An In the event a full-time, permanent, non-probationary employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer scheduled to be placed in laid-off from a department, he may either bid for a posted vacant position or displace another employee within the highest step in department of equal or lesser classification on the lower classificationbasis of Temple seniority, provided he had the ability to perform said job within 30 days. The immediate supervisor shall determine the employee’s acceptability during the probationary period. Section 4. Where, by virtue of a reduction of the workforce, It is recognized that an employee takes a position may be retained due to special training, knowledge, ability or participation in a lower classification project who has less seniority than one who is to be laid off. If this occurs, Temple will state the reason therefore in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classificationwriting to the Union. Section 5. Any employee who is laid Recall from Lay-off: A. Employees on lay-off due shall be recalled as follows: (1) to a reduction in work force and thereafterposition, within a period if open, previously held successfully by the employee regardless of four place on recall list; (42) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of lay-off to other open positions in the department with the following provisions: (a) employees may not up-grade from the recall shall be sent to list; (b) the employee at must have the last known address by registered ability to perform the open position. The hiring supervisor shall determine the employee’s acceptability for the position during the applicable probationary period for newly hired employees; (c) when probationary or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, part-time employees are laid off they shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallrecall rights.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees will be laid off in line of least seniority as a Deputy and hired in reverse order. No employee will be hired by the City County as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required.are Section 2. Employees who are subject to layoff within their classification the Agency and who are qualified to perform duties of the next lower classification in declining sequence, persons with less seniority may, in the order at which they are laid off, occupy vacant positions of such lower classifications, or persons with less seniority than the person which may displace employees who hold positions of such lower classificationsbe laid off. Section 3. An employee who voluntarily requests demotion or another position in order to remain in within the classified service Agency following a reduction in force force, shall be placed at a pay rate of the new classification pay range which ensures insures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer employee to be placed in the highest step in the lower classificationnew position. Section 4. Where, by virtue of a reduction of in the workforce, an employee takes a position in a lower classification in accordance with Section according to Sections 2 and 3 hereof, and a reduction in force becomes necessary in such lower classificationposition, such the employee shall be credited with seniority earned in his classification.all Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City County service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layofflay-off, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of Upon mailing of the recall such notice, he shall be considered to have voluntarily terminated with the City.the Section 7. When the work force is increased after a layofflay-off, those persons who have voluntarily taken a lower classification lesser position as provided in Section Sections 2 and 3 hereinhereof, shall have the option of occupying positions which open up in their former classification position with no loss of seniority in that classificationseniority. This option shallshall be exercised as the higher position becomes available dependent upon prior seniority in the higher position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1Where the Company decides to effect a layoff, the layoff shall proceed in inverse order of Company seniority within those job functions affected except where the layoff affects an “on-air” classification. All When an “on-air” classification is affected, the Company will retain the most senior employees will provided they meet, in the opinion of the Company, the standards of performance referred to in Article 9.2.1. 9.3.1 An employee about to be laid off from one job function, who has the occupational qualifications in line of least another job function, may apply their seniority and hired in reverse orderrevert to such other function(s). No employee will is to be hired displaced by a more senior employee unless the latter possesses the requisite skills, ability, occupational qualifications, as determined by the City as long as there are employees laid off who have Company to perform the job filled by the employee with less seniority. If employees are It is understood and agreed that an employee with the qualifications may require a reasonable period of familiarization in the new classification. An employee shall exercise the bumping rights within five (5) days notice of the layoff. 9.3.2 An employee who has reverted through layoff to be laid offanother group and whose basic salary is higher than the maximum of this group, a thirty (30) calendar day written notice shall continue to receive the higher salary which shall be given frozen (red circled) for a period of twelve (12) months from the date of transfer and thereafter the employee’s salary shall be adjusted to the rate of the job to which the employee has reverted closest to their former rate. 9.3.3 The Company shall provide to the Union and the affected employees at least six (6) weeks notice of the layoff. In lieu of such notice, the Company may provide six (6) weeks salary to the affected employee and the Union prior to the date that the services of that employee shall no longer be requiredemployees. Section 2. Employees who are subject 9.3.4 The Company will continue to pay on behalf of persons on layoff within their classification and who are qualified to perform duties its share of the next lower classification in declining sequencepremiums for the group health plan (except STD, mayLTD, in order at which Life Insurance and pensions) for up to a maximum of: three (3) months for an employee with less than three (3) years of seniority, and six (6) months for an employee with more than three (3) years of seniority. It is agreed that if the employee is eligible for benefits through a partner or becomes eligible for benefits through new employment they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classificationsineligible for benefits from the Company. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Section 1. All A layoff is defined as a staff reduction because of position elimination, long-term reduction in hours, or unit closure. 2. In the event of a layoff, the Hospital will give employees in the affected job classification the opportunity to be voluntarily laid off. Thereafter, the employee with the least seniority among the employees in the same job classification on the shift in the department affected will be displaced from his/her position. However, a more senior employee on the affected shift may be displaced out of seniority if he/she is not qualified to perform the work after the layoff or does not possess special skills required for the position which are possessed by a less senior employee(s). In either situation, the displaced employee will then take the position of the least senior regularly scheduled employee on another shift, in the same job classification, and in a position that is within .3 FTE of the employee’s then-current FTE provided he/she is qualified to perform the work of that position (the employee whose position is thus taken will become the displaced employee). After such position movement, the remaining displaced employee will be laid off in line of least seniority and hired in reverse orderfrom work. 3. No employee Employees will be hired by paid severance in accordance with the City Hospital’s policy regarding Severance Pay, as long such policy is currently in effect and as there are employees laid off who have seniorityit may be amended from time to time in the Hospital’s discretion provided, however, that the Hospital will not amend the Severance Pay policy to provide less than seven days’ (pro rata for part- time) severance for regular employees. 4. If At the time employees are given notice that they will be laid off, the Hospital will give the Union a list of the employees to be laid off, a thirty seniority roster and a list of vacant positions within the bargaining unit (30) calendar day written notice shall be given to the affected employee which will include department and the Union prior to the date that the services of that employee shall no longer be requiredunit, FTE, and shift). Section 25. Employees who are subject Recall from lay off to layoff available bargaining unit work will be in the order of laid off employees’ seniority and within their classification and who are the laid off employee’s job classification, provided the employee to be recalled is qualified to perform duties the work of the next lower classification in declining sequence, may, in order at recall position. Rights under this paragraph continue until the sooner of (a) twelve (12) months from the date of displacement; or (b) the employee rejects an offer of a position for which they are laid off, occupy vacant positions of such lower classifications, he or may displace employees who hold positions of such lower classificationsshe is qualified. Section 36. An employee who voluntarily requests demotion or another position in order to remain in may designate shift availability at the classified service following a reduction in force shall be placed at a rate time of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary layoff for the officer to Recall List, in which case he/she will be placed in called only for positions within the highest step in the lower classificationemployee’s prior classification and preferred shift. Section 47. Where, by virtue The Hospital will notify the employee of a reduction of position to which the workforce, an employee takes a may be recalled by registered mail. The employee must accept or reject the position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5within five calendar days from the date the letter is mailed by the Hospital. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, If the Hospital receives no response to the extent possible for purposes of all rights and benefitsletter, the employee will be deemed to have been rejected the position. The Hospital will make a good faith reasonable effort to identify on leave without paythe website those jobs available to employees on layoff. Section 68. When the work force is increased after An employee’s acceptance of a layoff, employees will be recalled in reverse order Per Diem/Casual position as a result of layoff. Notice of displacement shall not affect his/her recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the Cityrights. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section (a) This layoff and recall procedure will not apply to “provisional” teachers, but will apply to “permanent” teachers and to nurses or other persons permanently appointed. For the purpose of this section, all nurses with more than 3 consecutive years of service are deemed to be “permanently appointed” and nursing service will be considered a separate program area. (b) An employee will be given written notice of layoff by June 1 of the professional work year preceding the professional work year in which the layoff is to take place. For example, an employee to be laid off effective in September must be given written notice on or before the prior June 1. All employees . (c) Employees will be laid off in line reverse order of least seniority within a program area. A senior employee within a program area with notice of layoff may exercise seniority by displacing the most junior teacher in all of the other program areas in which he or she is qualified. (d) A person promoted out of their bargaining unit on or after 9/1/80 will retain full seniority rights in all areas in which he or she holds state certification, but shall not accrue seniority while outside of the bargaining unit. For purposes of this section a teacher “on assignment” outside of the bargaining unit for more than sixty (60) days is not considered to have been “promoted” and hired in reverse ordermay continue to accrue seniority within this bargaining unit. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union Any person promoted out of this bargaining unit prior to September 1, 1980 shall not accrue additional bargaining unit seniority for service outside the date that bargaining unit after August 31, 1983. For the services purpose of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforcethis section, an employee takes a position with notice of layoff may exercise her or his seniority rights in a lower classification the order specified in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee subsection (c). (e) There shall be credited with seniority earned in his classificationa seniority-based layoff system for Clinical Social Workers. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Educational Services

Layoffs. Section 1. All employees In the event of indefinite layoffs, associates will be laid off affected in line order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid offjob Classification Seniority, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date provided that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their most senior associates remaining in the job classification and who are qualified to perform duties the required work. It is understood that the Company will make all job reassignments resulting from any work force reduction in the following manner: The Company will first look to place the affected associate within his classification in his department within the same department family, based upon his Company seniority, provided the associate can perform the required work with five (5) days orientation and instruction, except where the associate bumps up he must be immediately qualified to perform the required work. If no job of the next lower same or higher labor grade can be filled within the aforesaid department, the associate may elect to displace the least senior associate within his classification in declining sequence, mayon his or her shift or an alternative shift, in order at which any other department within the same family, based upon his Company seniority, provided the associate can perform the required work with five (5) days orientation and instruction. If no job can be filled within the same department family, the associate may elect to displace the least senior associate in any same or lower grade on his or her shift or an alternative shift, in a department in a different family based upon his Company seniority, provided he can perform the required work with five (5) days orientation and instruction. Associates reassigned by the Company to a job resulting from the work force reduction will have five (5) full working days to demonstrate that they are laid off, occupy vacant positions of such lower classificationsable to do the new job. Associates who cannot perform the job reassignment satisfactorily will have the following options: To fill an entry level job opening, or may To displace employees a probationary associate, provided the associate has the ability and skill to do the required work, or To displace the least senior associate in labor grade 7 provided the associate can display his ability to perform the required work with ten (10) working days orientation and training. If the associate is unable to displace the least senior associate due to physical limitations, the associate shall be allowed to displace other associates in reverse seniority order from the least senior as necessary in order to be placed. An associate who hold positions displaces another associate in this manner will have ten (10) working days to display his ability to satisfactorily perform the work. Failure on the part of such lower classifications. Section 3the associate to demonstrate his ability to perform the work required will result in his being laid off with no further displacement rights. An employee who voluntarily requests demotion is displaced from his or her job may choose to take a layoff rather than bump to another position in order position. The associate will have a twenty-four (24) hour period to remain in decide a bump/layoff. When a shift change is involved, the classified service following associate will have forty-eight (48) hours to make the decision. An associate assigned to a reduction in force lower grade shall be placed at a rate paid within the framework of the new classification pay range which ensures grade. Employees who bump into a five percent position more than two (5%2) reduction in salarylabor grades lower than their current rate will, unless for a larger reduction is necessary six (6) month period, be paid at the rate associated with two (2) labor grades below their current rate. [This provision will be effective following ratification of the contract. Any employee currently reduced more than two (2) labor grades due to a bump will be entitled to the two (2) labor grade wage protection for the officer time period remaining on six (6) months from the date of their reduction that occurs after the ratification of the contract.] The parties further agree that temporary layoffs caused by shortage of materials or other reasonable conditions may be made from time to time without regard to seniority, subject to the below conditions: Where other work is available employees will be placed in open positions for which they are qualified to perform the highest step work. Where other work is not available the company will solicit volunteers from the affected work area to leave work on a no-point no-pay basis. If there are insufficient volunteers, the company will layoff employees in the lower classification. Section 4affected area based on inverse seniority provided that the remaining employees can perform the required work. WhereEmployees from the affected work area can displace a probationary employee anywhere in the plant, by virtue provided they are capable of a reduction of performing the workforce, an work without training. No employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall may be credited with seniority earned in his classification. Section 5. Any employee who is laid off due without regard to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallexcess of forty (40) hours per calendar year.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees will Any employee covered herein may be laid off in line separated from his/her employment for an indefinite period of least seniority and hired in reverse order. No employee will be hired time by the City as long as there are employees laid off who have seniority. If employees are to be laid offbecause of lack of work, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services lack of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties funds, abolition of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classificationsposition, or may displace employees who hold positions of such lower classifications. Section 3other similar causes. An Such action is designated as a layoff and shall entitle the laid-off employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed on the re-employment list for his/her position classification. Layoffs shall be governed by seniority within a particular sworn position classification, with service in a higher paying classification in the highest step same promotional line counting as service in that position classification. That is, the employee being laid off shall be the employee with the lowest seniority, as defined herein, in the lower classification. Section 4particular sworn position classification involved. WhereRe-employment from layoffs shall be in the reverse order in which the layoffs occurred. Any position may be abolished by the City Council, by virtue and should such abolished position be reinstated, the laid-off employee shall be entitled to re-employment in accordance with the rules governing layoffs. If there is a class of sworn positions of a reduction lower rank, and in the same promotional line as the class of positions from which xxxxxx is made, the workforce, an Chief of Police shall demote the employee takes scheduled for layoff to a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower ranking sworn position classification, such . The employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of lowest seniority in that classification. This option shall, as defined herein (which includes all time served in the higher paid classification from which an employee was bumped down pursuant to this provision), may in turn be laid off or bumped down in the same manner, with the end result being that the last individual employed in the lowest ranking sworn position classification may be laid off.

Appears in 1 contract

Samples: Memorandum of Understanding

Layoffs. Section 1Seniority shall be the determining factor for layoffs and recall from layoff. All employees will An employee whose position is abolished or transferred shall, in lieu of layoff, be laid off entitled to displace the least senior employee in line of least seniority and hired the same or lower grade at the employee’s worksite who is in reverse order. No a position for which the more senior employee will be hired is qualified, as determined by the City as long as there are employees laid off Judicial Branch. An employee who have seniority. If employees are has received a layoff notice, must make the decision to be laid offdisplace another employee, a thirty in writing, within three (303) calendar day written workdays of receiving the notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2layoff. Employees who are subject so displaced shall likewise be entitled to layoff within displace less senior employees, as described above. Employees whose positions are funded by grants for less than four (4) years initially are not eligible to displace other employees when their classification and who positions are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they abolished or transferred. Those whose grants are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary initially funded for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated or more are eligible to City servicedisplace other employees when their positions are abolished or transferred. For purposes of the above paragraph, "worksite" shall mean the facility in which the employee works. If there is more than one court located in a single facility, then the employee's court or office headquarters shall be the worksite. If the court has a “consolidated clerk’s office” with one or more physical locations working under one (1) Clerk of Court/Deputy Clerk, worksite shall mean any of the physical locations within the consolidated offices. However, in the event of a worksite closing, an employee whose position is abolished shall, to the extent possible for purposes in lieu of all rights and benefitslayoff, be deemed entitled to have been on leave without paydisplace the least senior employee in the same or lower grade in a worksite up to 35 miles from the employee's worksite, or the nearest worksite if all are beyond 35 miles, who is in a position for which the more senior employee is qualified, as determined by the Judicial Branch. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

Appears in 1 contract

Samples: Supervisory Services Bargaining Unit Agreement

Layoffs. Section 1. All employees will be laid A. In the event it becomes necessary to lay off an administrator because of declining enrollment, budgetary constraints or changes in line of least seniority and hired in reverse order. No employee will be hired by curriculum, the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice decision shall be given to made on the affected employee basis of length of service as an administrator in the system, certification and qualifications. An administrator’s length of service as an administrator in the Union prior to system shall be a prime factor, but not a sole factor in making such decisions. Length of service shall be determined from the last date that the services of that employee shall no longer be requiredhire as an administrator. Section 2. Employees who are subject B. The following provisions shall apply to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off administrator displaced due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay.force: Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail1. If an employee fails to report for work within thirty (30) calendar days administrator is relieved of his/her position because of a reduction in staff or abolishment of that position, he/she will be offered an administrator’s opening if one exists in his/her classification. If there is no existing administrative opening in his/her classification, the displaced administrator shall be offered the position of the date least senior administrator in his/her present classification. 2. If there is no existing administrative opening in his/her classification and the displaced administrator has the least seniority of mailing those within his/her classification, he/she will be offered an administrative opening, if one exists, in any other administrative classification for which he/she is certified and qualified; provided, however, such appointment does not constitute a promotion. 3. If there is no such existing administrative opening in any other administrative classification for which the displaced administrator is certified and qualified, the displaced administrator shall be permitted to bump the least senior administrator in another classification for which he/she is certified and qualified and in which he/she has had previous experience (in any school district), provided that the displaced administrator has administrative seniority over the least senior administrator in such classification, and provided that such appointment does not constitute a promotion. 4. If an administrator is relieved of his/her duties because of reduction of staff or elimination of position and another administrative position is not available to the recall displaced administrator in accordance with this section, he/she will be offered a teaching position for which he/she is certified, subject to, and consistent with the reduction in force contract provision or policy then in effect relative to teachers. C. Administrators to be laid off after the school year has begun shall receive sixty (60) days’ notice. D. The name of any administrator who has been laid off shall be placed upon a reappointment list and remain on such list for one (1) year, he provided such administrator does not refuse a reappointment and provided such administrator applies in writing by registered mail for retention of his/her name on said list on or before June 1st of each year subsequent to his/her layoff. Failure to file such application with the Superintendent of Schools as provided in this subsection shall automatically remove such administrator’s name from the reappointment list and the administrator will be considered to have voluntarily terminated with resigned. Administrators on the Cityreappointment list who qualify for vacancies shall be given prime consideration. Section 7. When X. Xxxxx on the work force is increased after recall list, and upon the written request to the Superintendent of Schools, a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, laid off administrator shall have the option opportunity to continue participation in the district’s health insurance at his/her own expense, as provided by COBRA. F. The classifications and administrative hierarchy referred to within this article are: 1. High School Principal; 2. Director of occupying positions which open up in their former classification with no loss Teaching and Learning; Director of seniority in that classificationPerformance, Evaluation and Talent Development; Director of Pupil Personnel Services 3. This option shallMiddle School Principal; 4. Elementary Principal; 5. Director of Manchester Regional Academy; Adult Education Director; 6. Instructional Technology Supervisor; 7. All Secondary Assistant Principals; Attendance and Communications Administrator; Coordinator of School/Business Partnerships; Director of School Counseling; 8. All Elementary Assistant Principals and Pupil Personnel Services Supervisors; 9. Athletic Director.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Section 1. All employees In the event of indefinite layoffs, associates will be laid off affected in line order of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have job classification seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date provided that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their most senior associates remaining in the job classification and who are qualified to perform duties the required work. It is understood that the Company will make all job reassignments resulting from any work force reduction in the following manner: (1) The Company will first look to place the affected associate within their classification in their department within the same department family, based upon their Company seniority, provided the associate can perform the required work with five (5) days orientation and instruction, except where the associate bumps up they must be immediately qualified to perform the required work. (2) If no job of the next lower same or higher labor grade can be filled within the aforesaid department, the associate may elect to displace the least senior associate within their classification in declining sequence, mayon their shift or an alternative shift, in order at which any other department within the same family, based upon their Company seniority, provided the associate can perform the required work with five (5) days orientation and instruction. (3) If no job can be filled within the same department family, the associate may elect to displace the least senior associate in any same or lower grade on their shift or an alternative shift, in a department in a different family based upon their Company seniority, provided they can perform the required work with five (5) days orientation and instruction. (4) Associates reassigned by the Company to a job resulting from the work force reduction will have five (5) full working days to demonstrate that they are laid off, occupy vacant positions of such lower classificationsable to do the new job. Associates who cannot perform the job reassignment satisfactorily will have the following options: • To fill an entry level job opening, or may • To displace employees who hold positions of such lower classificationsa probationary associate, provided the associate has the ability and skill to do the required work, or • To displace the least senior associate in labor grade 7 provided the associate can display their ability to perform the required work with ten (10) working days orientation and training. If the associate is unable to displace the least senior associate due to physical limitations, the associate shall be allowed to displace other associates in reverse seniority order from the least senior as necessary in order to be placed. Section 3(5) An associate who displaces another associate in this manner will have ten (10) working days to display their ability to satisfactorily perform the work. Failure on the part of the associate to demonstrate their ability to perform the work required will result in their being laid off with no further displacement rights. An employee who voluntarily requests demotion or is displaced from their job may choose to take a layoff rather than bump to another position in order position. The associate will have a twenty-four (24) hour period to remain in decide a bump/layoff. When a shift change is involved, the classified service following associate will have forty-eight (48) hours to make the decision. An associate assigned to a reduction in force lower grade shall be placed at a rate paid within the framework of the new classification pay range which ensures grade. Employees who bump into a five percent position more than two (5%2) reduction in salarylabor grades lower than their current rate will, unless for a larger reduction six (6) month period, be paid at the rate associated with two (2) labor grades below their current rate. The parties further agree that temporary layoffs caused by shortage of materials or other reasonable conditions may be made from time to time without regard to seniority, subject to the below conditions: a. Where other work is necessary for the officer to available employees will be placed in open positions for which they are qualified to perform the highest step work. b. Where other work is not available the company will solicit volunteers from the affected work area to leave work on a no-point no-pay basis. c. If there are insufficient volunteers, the company will layoff employees in the lower classificationaffected area based on inverse seniority provided that the remaining employees can perform the required work. Section 4. Whered. Employees from the affected work area can displace a probationary employee anywhere in the plant, by virtue provided they are capable of a reduction of performing the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classificationwork without training. Section 5. Any e. No employee who is may be laid off due without regard to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shallexcess of forty (40) hours per calendar year.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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