Common use of Layoffs Clause in Contracts

Layoffs. a. For the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Layoffs. a. For ‌‌ SECTION 1 When the purposes Employer determines that a long-term layoff or job abolishment is necessary, the Employer shall notify the affected employees fourteen (14) days in advance of this sectionthe effective date of the layoff or job abolishment. Employees will be notified of the Employer’s decision to implement any short-term layoff, “seniority” lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the UMWA agrees to discuss the impact of any layoff of bargaining unit employees with representatives of the UMWA. SECTION 2 The Employer shall mean the length of continuous service, including approved leaves of absence, determine in which work divisions and assignments layoffs or job abolishments will occur. Employees will be laid off within that division and assignment beginning with the SMCPS since least senior and progressing to the most recent date senior up to the number of hireemployees that are to be laid off. In the event of a reduction in force within an employment classificationAll temporary, as listed on the “Schedule of Classifications” under Article 11intermittent, Xxxxxxprobationary, and/or Article 1, Recognition, 1.2 Definitions or the recall of said and permanent part-time employees, seniority within the division and assignment designated for lay off, will be laid off before bargaining unit members. All such employees shall remain in layoff status while any bargaining unit member is on layoff. SECTION 3 Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to bump the next less senior employee within the bargaining unit, provided the person who wishes to bump possesses the skill, ability and qualifications to perform the work of the assignment as determined by the Employer. Any employee who chooses not to bump, or who does not possess sufficient skill, ability or qualifications to bump another employee shall be laid off and placed on a recall list. An employee may only exercise bumping rights once during any layoff affecting a position. An employee who bumps pursuant to this article shall be paid at the determining factor among qualified unit members in that classification. Unit members rate of the assignment he bumps into. SECTION 4 Employees who are laid off shall retain be placed on a recall rights list for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect eighteen (18) months. Employees on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off a recall list shall be recalled responsible for notifying the Employer at the time of layoff, and for keeping current the address to which a recall notice, if any, shall be sent. If there is a recall, employees shall be recalled, in the inverse order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writingtheir layoff, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though same assignment from which they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee , provided they are presently qualified to SMCPSperform the work of the job assignment to which they are recalled. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. a. For 9.1 When the purposes Employer determines that a layoff or job abolishment is necessary, the Employer shall notify the affected employees thirty (30) calendar days in advance of this sectionthe effective date of the layoff or job abolishment. 9.2 The Employer shall determine in which classification(s) and which work section(s) layoffs will occur. Within each classification affected, “seniority” shall mean the length employees will be laid-off in order of continuous service, including approved leaves of absence, seniority with the SMCPS since least senior employee laid-off first. Employees who are dislocated from their classification shall have the most recent date right to bump (displace) any less senior employee, provided the bumping employee is qualified to perform the duties of hirethe classification to which he or she desires to bump. In Employees who are displaced by this process shall have, in turn, the event of a reduction right to bump (displace) less senior employees in force within an employment classificationlike manner, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority should any exist. 9.3 Laid-off employees shall be the determining factor among qualified unit members in that classification. Unit members shall retain have recall rights for a period of three yearsup to twenty-four (24) months. If there is a recall within the classification from which the employee was laid-off, employees remaining on the recall list shall be recalled in the inverse order of their layoff, provided they presently qualify to perform the work without further training or certification. b. 9.4 Notice of recall shall be sent to the employee by registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. 9.5 The recalled employee shall have seven (7) calendar days following the receiptof the recall notice to notify the Employer of his/her intention to return to work and shall have fourteen (14) calendar days following the receipt of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the notice. Failure to return in fourteen (14) calendar days forfeits recall rights by the employee. 9.6 No new employees within a classification shall be hired until all laid-off employees within that classification having recall rights are recalled. Substitutes replacing regular employees off on approved leave are exempt from this prohibition. Failure to return in fourteen (14) calendar days forfeits recall rights by the employee. 9.7 Employees on layoff shall be given preference for substitute work in their classification. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of they decline an offer to return work when called as a substitute on three (3) separate occasions while on layoff status, they shall lose such preference, unless illness is the reason for declining to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed work and such illness has been verified in writing of any change in addressby a physician. A unit member shall remain on the recall list for The three years. d. Unit members on leave of absence shall (3) days may be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid waived by the former (laid off) employee to SMCPSSuperintendent. Employees accumulate no benefits while working as a substitute employee. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. a. For SECTION 1: When the purposes Employer determines that a long-term layoff or job abolishment is necessary, it shall notify the affected employees fifteen (15) calendar days in advance of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent effective date of hirethe layoff or job abolishment. Employees will be notified of the Employer's decision to implement any short-term layoff lasting seventy-two (72) hours or less as soon as possible. SECTION 2: In the event of a reduction layoff situation, members of the bargaining unit will be laid off in force within an employment classificationaccordance with their departmental seniority (last hired, as listed on first laid off). SECTION 3: A member of the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority bargaining unit who is laid off shall be the determining factor among qualified unit members in that classification. Unit members shall retain subject to recall rights from layoff for a period of three two (2) years. b. SECTION 4: A recall from layoff will be based upon departmental seniority (last laid off, first recalled). Notice of recall from a long-term layoff shall be sent to the employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. SECTION 5: In the case of a long-term layoff, the recalled employee shall have ten (10) calendar days following the date of mailing of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following notification to the Employer of his or her intent to return in which to report for duty, unless a different date for returning to work is otherwise mutually agreed. SECTION 6: In the event that unit members may be laid off because of work performed by non- unit membersan employee or the Union should choose to challenge/appeal a long-term layoff or job abolishment under this Article, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off such appeal or challenge shall be recalled in order limited to the venue of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in grievance procedure under Article 9 6 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPSAgreement. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Layoffs. a. The purpose of seniority is to provide a declared policy as to the order of layoff and recall of employees. If an employee's position is eliminated or the hours are reduced, the employee, if qualified, shall have the right to (in this order): (a) fill any vacant position in the employee's classification and shift (A-, B-, or C-shift) at the time the employee is displaced. (b) If there are no vacant positions, the employee will have the right to displace the least senior employee in the same classification and shift. (c) If there are no employees in the same classification and shift with less seniority, the employee will have the right to displace the least senior employee in the next lower classification and/or shift. (d) If the employee who is proposed for layoff based on the above process is not the least senior custodianon the master seniority list, he/she will displace the least senior employee (excluding BGT and A shift lead custodians) on the master seniority list, regardless of shift. (e) Senior employee, regardless of hours, shall have the right to bump a less senior employee provided they are qualified. Both parties agree to define the B shift and C shift in accordance with Section 4.2 without regard to days of the week. The regular A shift is a Monday through Friday schedule. The irregular A shift is any other combination of scheduled workdays. There is no 'regular' vs. 'irregular' differentiation for B or C shifts. In no event will an employee displace another employee with greater seniority. Classifications are defined as, Lead Building and Grounds Technician, Building and Grounds Technician, Lead Custodian, Custodian. For the purposes of this sectionlayoff, “seniority” shall mean the length descending order of continuous serviceclassifications and shifts is: Lead Building and Grounds Technician Building and Grounds Technician Lead Custodian - A shift Lead Custodian - B shift Custodian -A shift, including approved leaves Regular Schedule Custodian - A shift, Irregular Schedule Custodian - B shift Custodian - C shift A displaced Lead Custodian - A Shift may elect to displace an A shift custodian in lieu of absencea B shift custodian. Any displaced custodian may elect layoff in lieu of exercising his/her seniority rights. Reductions in the Buildings and Grounds Technician classification will be made based on qualifications. The rate of pay of displaced Building and Grounds Technicians will be frozen at the rate of pay that they earned as a Building and Grounds Technician until such time that their pay in the new classification exceeds their Buildings and Grounds Technician salary. If a new Building and Grounds Technician position becomes available within eighteen (18) months of layoff, the most senior displaced Building and Grounds Technician will be recalled to the new position. For a period of eighteen (18) months from the date of layoff, if any opening occurs in the School District, the employee with the SMCPS since most seniority shall have first choice to be rehired if the most recent date position is at or lower than the employee's previous classification. Failure to accept a recall within ten (10) working days of hirereceipt of the certified mail recall notice shall result in loss of seniority rights and termination of employment. For recall purposes, seniority shall be determined by total service within the School District's Custodial Bargaining Unit. In the event of a reduction in force within an employment classificationduplicate hiring dates, as listed the date on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or original School District employment form shall determine seniority. The employee with the recall of said employees, seniority oldest employment form date shall be considered to have the determining factor among qualified unit members in that classificationgreatest seniority. Unit members Before any layoff, position elimination or reduction and before any recall, the Employer will meet with the Union Xxxxxxx to review the process. In addition, a laid off employee will be given the option of additional summer casual hours, subject to continued School District funding for such summer employment. A custodian on layoff accepting summer casual work will receive the probationary rate of pay and may not accrue additional vacation or sick leave. Such employees shall retain recall rights continue to receive the regular School District contribution for a health, dental and life insurance during the two (2) month period of three years. b. In summer employment. Effective upon the event that unit members may date of layoff, vacation balances will be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior paid to the close of business employee on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued and sick leave days balances will be restored to all employees who return to employment with frozen until such time as the Boardemployee accepts a regular assignment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. a. For Section 1. Layoffs. When scheduled layoffs become necessary in any classification, the purposes employees in that classification shall first be canvassed to see if they wish to volunteer for layoff; and if any do, they shall be laid off from work and shall not be recalled until there is an opening in the classification from which they have volunteered to be laid off. If less than enough employees volunteer for the layoffs from any classification, then the layoffs shall be made as provided in the following paragraph, but no such employee shall be laid off without at least two (2) weeks advance notice. In the case of this sectionan emergency layoff, “seniority” or a scheduled layoff in a situation where the Employer does not know the need for the layoff more than two (2) weeks before same, the Employer will give as much advance notice as it reasonably can. In emergency layoffs, no employee canvassing shall mean be required. When layoffs become necessary in any classification, probationary, temporary part-time, and temporary full-time, and per-diem employees shall be laid off first in the length of continuous serviceforegoing order, including approved leaves of absencethen part-time employees shall be laid off next, with the SMCPS since the most recent date of hirethen full-time employees. In the event of a reduction layoff, Registered Nurses hired prior to 10/01/89 will be the last employees laid off in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority unit. Layoffs in each classification shall be in the determining factor among qualified unit members reverse order of the seniority of those in that the classification. Unit members shall retain recall rights for Any part-time employee within a period of three years. b. In the event classification may elect to displace a more junior full-time employee within that unit members may classification rather than be laid off because from work but must work the same hours and overnights. For purpose of work performed by non- unit membersdetermining whether there shall be a displacement of a full-time employee only, the Board agrees to notify EASMC following test shall apply. The hours actually worked by the part-time and explore any alternative and consider any EASMC proposals so as to minimize full-time employees for the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off twelve (12) preceding calendar months shall be recalled multiplied times the total number of months worked for the Employer by each such employee. Recalls shall be in the reverse order of the length of total satisfactory service as a unit member layoffs in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writingeach classification, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laidincluding part-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all time employees who return have elected to employment with displace full- time employees to avoid the Boardlayoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For SECTION 1: When the purposes Employer determines that a long-term layoff or job abolishment is necessary, it shall notify the affected employees fifteen (15) calendar days in advance of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent effective date of hirethe layoff or job abolishment. Employees will be notified of the Employer's decision to implement any short-term layoff lasting seventy-two (72) hours or less as soon as possible. SECTION 2: In the event of a reduction layoff situation, members of the bargaining unit will be laid off in force within an employment classificationaccordance with their departmental seniority (last hired, as listed on first laid off). SECTION 3: A member of the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority bargaining unit who is laid off shall be the determining factor among qualified unit members in that classification. Unit members shall retain subject to recall rights from layoff for a period of three TWO (2) years. b. SECTION 4: A recall from layoff will be based upon departmental seniority (last laid off, first recalled). Notice of recall from a long-term layoff shall be sent to the employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. SECTION 5: In the case of a long-term layoff, the recalled employee shall have ten (10) calendar days following the date of mailing of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following notification to the Employer of his or her intent to return in which to report for duty, unless a different date for returning to work is otherwise mutually agreed. SECTION 6: In the event that unit members may be laid off because of work performed by non- unit membersan employee or the Union should choose to challenge/appeal a long-term layoff or job abolishment under this Article, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off such appeal or challenge shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior limited to the close venue of business on either the fifteenth day grievance procedure under Article 6 of this Agreement or it shall be deemed that they have declined the offerappeal procedure set forth under R.C. Chapter 124. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day Under no circumstances may an appeal or challenge of a layoff at or job abolishment occur in both venues of the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.grievance procedure and

Appears in 1 contract

Samples: Master Agreement

Layoffs. a. For SECTION 1: When the purposes Employer determines that a long-term layoff or job abolishment is necessary, it shall notify the affected employees fifteen (15) calendar days in advance of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent effective date of hirethe layoff or job abolishment. Employees will be notified of the Employer's decision to implement any short-term layoff lasting seventy-two (72) hours or less as soon as possible. SECTION 2: In the event of a reduction layoff situation, members of the bargaining unit will be laid off in force within an employment classificationaccordance with their departmental seniority (last hired, as listed on first laid off). SECTION 3: A member of the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority bargaining unit who is laid off shall be the determining factor among qualified unit members in that classification. Unit members shall retain subject to recall rights from layoff for a period of three two (2) years. b. SECTION 4: A recall from layoff will be based upon departmental seniority (last laid off, first recalled). Notice of recall from a long-term layoff shall be sent to the employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. SECTION 5: In the case of a long-term layoff, the recalled employee shall have ten (10) calendar days following the date of mailing of the recall notice to notify the Employer of his intention to return to work and shall have ten (10) calendar days following notification to the Employer of his or her intent to return in which to report for duty, unless a different date for returning to work is otherwise mutually agreed. SECTION 6: In the event that unit members may be laid off because of work performed by non- unit membersan employee or the Union should choose to challenge/appeal a long-term layoff or job abolishment under this Article, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off such appeal or challenge shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior limited to the close venue of business on either the fifteenth day grievance procedure under Article 6 of this Agreement or it shall be deemed that they have declined the offerappeal procedure set forth under R.C. Chapter 124. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day Under no circumstances may an appeal or challenge of a layoff at or job abolishment occur in both venues of the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.grievance procedure and

Appears in 1 contract

Samples: Master Agreement

Layoffs. a. For Facility seniority within the purposes of this section, “seniority” affected job classification shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In govern in the event of a reduction in force layoff and recall. In reducing employee personnel, the employee with the least facility seniority within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority affected job classification shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed or displaced first. Any displaced employee may bump any other employee provided they have more facility seniority than the person they are bumping and can do the available work. Any employee bumped by non- unit membersa more senior employee may bump any other employee provided they have more facility seniority than the person they are bumping and can do the available work. The Employer shall give employees two (2) weeks written individual notice prior to layoffs. Employees must utilize their bumping right within one week from the time the notice is provided to the Employee. In addition to the date the layoff commences, the Board agrees notice shall include a brief explanation of bumping rights as outlined in the Article, including the deadline for the Employee to notify EASMC the Employer of his or her desire to assert bumping rights and explore any alternative and consider any EASMC proposals so as the positions available to minimize bump. Voluntary layoffs or across the effect on unit members. c. When positions board reduction in their classification become vacant, nonprobationary unit members who have been laid hours may be accepted in lieu of mandatory layoffs with the mutual agreement by the parties. Laid-off employees shall be recalled in order of facility seniority provided they can do the length of total satisfactory service as a unit member in the SMCPSavailable work. They shall Employees will be notified given one (1) week notice via certified mail of recall to last known address. Before a position is posted as provided for in Article 14, displaced employees followed by certified mailemployees on layoff status shall have preference in order of facility seniority to his or her former classification or shift openings, one (1) time offer only, not to exceed twelve (12) months from the date of the displacement or layoff. Within 15 days The seniority rights of an offer employee shall continue to accumulate during layoff periods for legitimate reasons or during service with the military forces of the United States for a maximum of four (4) years or as required by law, provided, however, said employee applies to return to employment work within ninety (90) days after the (unit member) employee shall provide written notice date of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day his or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active her discharge from said service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For 11.1 Before a layoff, the purposes Union shall be notified by the Employer. A meeting shall be held to explore alternatives, which may include transferring to a position not within the bargaining unit (this will only be done by mutual agreement). Any bargaining unitmember transferred to a position not within the bargaining unit, shall not lose seniority as a result of this sectionsuch transfer, “seniority” but shall mean not accumulate bargaining unit seniority while performing non-bargaining unit work. In the length of continuous serviceevent the Employee requests to be reassigned,the employee shall be transferred to a work site with an available, including approved leaves of absence, with open position at the SMCPS since compensation package (i.e. budgeted salary and insurance costs) established for that work site xxxxxxxx.Xx the most recent date of hire. event a bargaining unit opening becomes available and more than one (1) former bargaining unit employee requests to be reassigned then Article VI shall apply. 11.2 In the event of a reduction in force within an employment classificationlayoff, as listed on the “Schedule temporary employees shall be laid off first. The principles of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be applied for any layoffs. The employee with the determining factor among qualified unit members in that classification. Unit members lowest seniority shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because first beginning with the lowest level of classification at the work performed by non- unit memberssite. Recall shall be on the basis of seniority and classification, provided the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize employee qualified for the effect on unit memberswork available within a trial period of thirty (30) calendar days. c. When positions 11.3 A seniority employee who is about to be laid off shall receive two (2) weeks notice or the equivalent in their classification become vacant, nonprobationary unit members who have been wages. Employees laid off shall be recalled paid accrued vacation pay, and must designate in order writing when payment of accrued and banked vacation pay is to be made, as long as it occurs in the same program year. 11.4 An employee laid off may exercise his/her seniority to bump into any position held by the lowest seniority employee currently employed at a different work site (work site is defined as office location) at the bumped employee’s compensation package (i.e. budgeted salary and insurance costs). An employee who bumps to a different worksite shall receive a weekly job performance review (for eight (8) weeks) by the Employer to determine if the employee is meeting the requirements of the length position. In the event the employee is not meeting the requirements of total satisfactory service as a unit member in the SMCPS. They position then, appropriate training shall be notified provided by the Employer; if at the end of eight (8) weeks the employee is still not meeting the requirements of the position, then the Employer and Union shall meet to explore alternatives prior to discipline being administered. An employee who bumps to a different worksite shall, seniority permitting, retain secondary recall by certified mailrights to their previous worksite. Within 15 An employee shall notify the Employer within ten (10) calendar days of an offer the written layoff notice if he/she wishes to return to employment the (unit member) exercise her/his bumping rights. 11.5 An employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it layoff shall be deemed that they have declined offered any temporary work available. If the offer. It shall be laid off employees decline temporary work, the responsibility of each laid-off unit member to keep the Department of Human Resources informed Employer may hire temporary employees in writing of any change in address. A unit member shall remain on the recall list for three yearsaccordance with Article XII. d. Unit members on leave of absence 11.6 Seniority employees shall not be eligible for layoff as though they were in active servicerequired to accept temporary or part-time work to retain their seniority. Seniority employees shall not be required to accept a bump to a position at a worksite more than thirty (30) miles from their worksite or bump to a lower job classification. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For 10.3.1 In reducing the purposes number of this sectionemployees, “seniority” the University shall mean determine the length number of continuous service, including approved leaves positions and types of absence, with the SMCPS since the most recent date of hirepositions that will be reduced. In the event of a reduction in force within an employment classification, as listed Reductions shall be made based on the “Schedule needs of Classifications” under Article 11the organization as determined by the University. 10.3.2 The University will provide an affected employee with not less than fourteen (14) calendar days’ notice of any layoff or pay in lieu thereof. 10.3.3 If the University implements layoffs, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall determination of said which employees shall be laid off will be first based on the employees’ skills and qualifications. 10.3.4 When the University determines that these factors are substantially equal, seniority shall be used in determining which employees within the same classification in a department will be laid off. When seniority is the determining factor among qualified unit members factor, layoffs shall be in that the inverse order of seniority by department classification. Unit members The last employee hired into a department within a single job classification title shall be the first employee laid off. 10.3.5 The University will not change a job classification title to avoid the layoff process provided in this Article. 10.3.6 If a position is open during the 14-day notice period for which an affected employee is qualified, they shall be considered a “qualified internal candidate” for the purposes of Article 8 for a current vacant position. 10.3.7 Temporary or contract employees shall not be used to perform the normal job duties on a regular basis (greater than six (6) months) of a regular employee who is on layoff. Student employees who remain employed after a bargaining unit layoff will not be expected to perform the majority of the work of a bargaining unit position. 10.3.8 Employees on layoff status shall retain recall rights for a period maximum of three yearstwelve (12) months from the date of the layoff. Employees shall be recalled from layoff in the reverse order of layoff based on the needs of the University. Employees recalled from layoff will be given fourteen (14) calendar days’ notice of the recall via e- mail and U.S. Mail. Within forty-eight (48) hours of the notice being sent, the employer will also call an employee who is notified of a recall opportunity to ensure receipt of the email/U.S. Mail notices. Employees on recall status must provide the University with their most current email, phone number, and mailing addresses. b. 10.3.9 In the event that unit members may be laid off because a recalled employee fails to make themselves available for work at the end of work performed by non- unit membersthe 14-day period, the Board agrees employee shall lose the right to notify EASMC and explore any alternative and consider any EASMC proposals so as be recalled to minimize the effect on unit memberstheir former position. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off 10.3.10 Any employee may elect to take a voluntary layoff out of inverse seniority order and shall be recalled in order of the length of total satisfactory service considered as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department for purposes of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsunemployment compensation. d. Unit members on leave of absence shall 10.3.11 No vacant or new jobs will be eligible filled by outside applicants if there are qualified laid-off employees who apply for layoff as though a posted job within the 12-month recall period. Open positions will be posted internally and externally so that they were in active servicemay be viewed by a laid-off employee with recall rights. e. The Board 10.3.12 An employee who was laid off or who received notice of xxxxxx and who is hired into a new position will continue coverage have their University seniority (original date of hire with Xxxxxxxx) credited for three months after purposes of salary placement in the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPSnew position. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- non-unit members, the Board agrees to notify EASMC CEASMC and explore any alternative and consider any EASMC CEASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have he/she has declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For 18.1 The least senior permanent Employee in the classification where a reduction of Employees results in bumping or layoffs will be demoted to the next lower classification in the promotional ladder for which they have seniority and for which they possesses the minimum qualifications. This shall entitle them to bump the least senior Employee in the next lower classification in the promotional ladder. The bumped Employee will in turn have similar rights in the next lower classification in the promotional ladder. Bumping may also take place into an entry level clerical job, first in pay band 2, then in pay band 1 without reference to the normal promotional ladder. When demotion is not possible, the Employee will be laid off. The term "classification" as used in this clause refers to the title of the job. The bumping order will be subject to the following procedure: 18.1.1 Placement in a vacant job in the same classification in the same geographic location. 18.1.2 If no vacant job is available, bumping of the least senior Employee in the same classification in the same geographic location. 18.1.3 If seniority will not allow Article 18.1.2, the Employee shall be entitled to bump first within the same classification then to lower classifications corporate-wide for which they have seniority and for which they possesses the minimum qualifications or opt for a lower level class in the same geographical location. 18.1.4 If the Employee is unable to be placed under the foregoing conditions, they shall be laid off. However, subject to qualifications, the Employee may elect to take temporary work if available. This may result in the termination of a temporary Employee. 18.1.5 Employees affected by layoff or bumping may elect layoff in place of bumping. 18.1.6 Initial probationary Employees shall be considered least senior for the purposes of this sectionbumping and layoff. However, “seniority” those initial probationary Employees affected by layoff or bumping shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit memberswithout recall. c. When positions in their classification become vacant, nonprobationary unit members 18.1.7 Employees who have been laid off shall be recalled in order of are unable to opt for the length of total satisfactory service as same or a unit member lower level class in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer same geographic location and choose to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they exercise their corporate seniority rather than accepting layoff will have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium relocation costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment Corporation in accordance with the Boardprovisions of Article 36.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For An employee who is displaced, bumped, or laid off shall be entitled to bump the purposes least senior employee in any other job classification on any shift in the same or lower pay grade. An employee shall also be entitled to bump the least senior employee in the same job classification on the other shifts. In the event a permanent layoff occurs an employee who is displaced, bumped or laid off from his/her job in Labor Grades 1 through 9 may bump the least senior employee in any job through Labor Grade 9. Company may retain lower senior employees in the Grade 9 job classification scheduled for layoff for up to four (4) months post layoff to assist in transition. Affected employees bumping to job classifications in Grade 9, must successfully pass the required testing in order to be qualified and placed in to the position. Employees who had previously qualified in a permanent classification within the previous two (2) year period would be considered for re-qualification in the same classification, in the event of this sectiondisplacement, “seniority” bump or layoff from their job. If a senior person is scheduled to be laid-off, they will be permitted to bump the least senior person in the facility. The Parties agree that past practice will be observed in treating employees who have failed to accept employment under the above. In the event there is a general layoff, the Company, will notify the Chief Xxxxxxx and all affected employees five (5) days in advance of the layoff. This provision shall mean not apply to ARTICLE 8, Section 1. An employee bumped shall immediately receive the length of continuous service, including approved leaves of absence, with basic hourly rate for the SMCPS since the most recent date of hirejob to which he/she bumps. In the event of a reduction in force within an employment any classification, as an employee may add their name to any open permanent and/or leave of absence bids that may exist. This may take place only after all provisions of ARTICLE 10, Seniority, have been followed. Rather than performing an involuntary layoff by the procedure listed on above, the “Schedule of Classifications” under Article 11Company may choose at its option to offer a voluntary furlough. By doing so, Xxxxxxthe Company may offer certain employees in an affected department, and/or Article 1by seniority, Recognitionthe opportunity to take an unpaid leave from work for up to 90 calendar days. If the Company would like to extend the voluntary furlough, 1.2 Definitions or it may offer the recall of said employees, seniority employee an extension in 30 calendar day increments. Employees electing a voluntary furlough shall be considered as if on involuntary layoff with the determining factor among qualified unit members in that classificationexception of the items below: 1. Unit members shall retain recall rights for a period of three years. b. In Following the event that unit members may be laid off because of work performed by non- unit membersvoluntary furlough, the Board agrees affected employee would be returned to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources position held prior to the close of business furlough. 2. Employee shall pay active rates for company provided benefits. 3. Vacation time that has been previously approved during the same time period as a furlough may be rescheduled. The Company shall establish the employee return to work date prior to initiating the voluntary furlough. An employee’s recall date shall be on the fifteenth 1st regularly scheduled day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsa new work week. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For A. If it becomes necessary to reduce the purposes number of this sectionemployees in a group due to lack of work or lack of funds, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hirefollowing procedures will be followed. 1. In the event of a reduction Reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit membersForce, the Board agrees will not utilize temporary workers to notify EASMC and explore supplant any alternative and consider any EASMC proposals so as employees affected by the layoff. Temporary workers will be used only to minimize the effect on unit memberssupplement duties in present job classifications. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall 2. Affected employees will be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 given at least twenty (20) days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close reduction. Within the twenty (20) day period, anyone choosing to bump must notify the Superintendent within three (3) days of business on receiving their notice. Reduction in the fifteenth day or it affected group shall be deemed by the least senior employee(s) (using group seniority). 3. Any employee(s) being reduced may bump into a previously held group into a position that they have declined had previously held providing they are still qualified. They may bump anyone holding a position that has less group seniority than they have, with the offer. It shall be same number of hours – or closest to the responsibility same number of each laid-off unit member to keep hours if the Department of Human Resources informed same is not available – in writing of any change in address. A unit member shall remain on the recall list for three yearsthat previously held group/position. d. Unit members on 4. Anyone bumped may likewise be permitted to bump, first within their current group, then in any previously held group/position. B. When a leave of absence is granted, an employee shall not lose his/her seniority rights. All leaves of absence shall be eligible for layoff as though they were in active servicerecorded at the Superintendent’s office and copies of these records will be furnished to OAPSE, except that the term of the leave shall not be added to accumulated seniority. e. The Board will continue coverage for three months after C. A regular employee under contract upon being laid-off due to the first effective day of a layoff at the regular percentage of premium split defined reduction in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations force, must leave his/her address with the full premium costs being paid Superintendent’s office and in the event of recall the Superintendent’s office shall notify each such employee when similar work is available. Notice will be sent to last known address. All employees laid-off must be called back in accordance with their group seniority. This also applies to recalls within the whole system. Openings occurring in a group where no layoff exists shall be offered to all laid off employees, if qualified. The recall right is for two (2) calendar years and failure of the employee to respond to the recall notice within fourteen (14) calendar days when called shall void all employees rights for reemployment. D. The service records of any employee working under this Agreement may be checked by the former (laid off) employee to SMCPSOAPSE President, Vice President or Chairman of the negotiating committee, with approval of the employee. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hireSection 1. In the event case of a reduction in force within an employment classificationlayoffs, as listed on the “Schedule Employer shall determine the number and classification of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may employees to be laid off because of work performed by non- unit members, within the Board agrees to notify EASMC funding district and explore any alternative jurisdiction. The Employer will lay off temporary and consider any EASMC proposals so as to minimize the effect on unit membersprovisional employees first. c. When positions Section 2. A full-time employee who is subject to layoff can replace the least senior full-time or part-time employee in their classification become vacantany lower or equally paid job title for which he/she has the qualifications, nonprobationary unit members unless a deviation from seniority is justified by (1) the employee' evaluation, which includes whether the employee met expectations; (2) the employee's attendance and punctuality records; or (3) the employee's disciplinary record and whether the employees has an active Quality Improvement Plan (QIP). A part-time employee who have been is subject to layoff can replace the least senior part-time employee in any lower paid job title, unless a deviation from seniority is justified by (1) the employee' evaluation, which includes whether the employee met expectations; (2) the employee's attendance and punctuality records; or (3) the employee's disciplinary record and whether the employees has an active Quality Improvement Plan (QIP). An employee replacing an employee in another position must accept the schedule of the position. Employees shall cooperate to exercise replacement rights expeditiously. An employee who fails to exercise his/her replacement rights in writing within three (3) work days of notice, will be laid off off. Section 3. An employee bumping into a lower-rated position shall receive the highest rate of that position or his/her current rate, whichever is lower. Section 4. The Employer will provide the Union and affected employees with two (2) weeks’ notice of layoff, unless a funding source requires a shorter notice period. Section 5. Employees on layoff shall be placed on a recall list and recalled in order of the length of total satisfactory service seniority (subject to qualifications as a unit member in the SMCPScase of layoff) to vacancies within their job title, unless a deviation from seniority is justified by (1) the employee' evaluation, which includes whether the employee met expectations; (2) the employee’s attendance and punctuality records; or (3) the employee's disciplinary record and whether the employees has an active Quality Improvement Plan (QIP). They An employee shall be notified forfeit all recall rights if he/she fails to report to management an intention to return from layoff within seven (7) working days following notification of recall by the Employer, such notice to be by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior mail to the close of business last known address appearing on the fifteenth day or it shall be deemed that they have declined the offerEmployer's records. It shall be the responsibility of each laid-off unit member the employee to keep the Department Employer informed of Human Resources informed in writing his/her current address and telephone number. An employee shall also forfeit all recall rights if he/she fails to report to work within two (2) weeks of any change in address. A unit member shall remain on the notice of recall list for three yearsas specified above. d. Unit members on leave Section 6. An employee recalled within one (1) year of absence the layoff shall be eligible retain hir or her original anniversary date for layoff as though they were in active serviceall purposes. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. A. In the event of the Board determines that layoffs are necessary within a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or employee with the recall of said employees, least classification seniority from within that classification shall be laid off, provided a more senior employee is qualified and has positive evaluation, attendance, and discipline history. B. No employee will be laid off without at least three (3) weeks written notice. C. Employees on layoff shall be recalled to vacancies (as defined in Article 10 - Vacancies) in classifications within which they hold classification seniority in order of greatest classification seniority, provided recalled employee is qualified and has positive evaluation, attendance and discipline history. D. In the determining factor among qualified event a vacancy occurs within a classification from which no employee is on layoff, employees on layoff from other classifications shall have the right of first refusal for that vacancy provided the employee is qualified. Any employee recalled to work in another classification who cannot demonstrate the ability to perform the work during a twenty (20) workday trial period shall be returned to the layoff list. E. Employees who are recalled to vacancies within their classification and either refuse the job or fail to become available within two weeks of receiving official notification of recall shall be considered to have voluntarily quit. F. Laid off employees shall have first right of refusal to perform any substitute work available within their classification. G. In the event an employee is laid off, all accrued sick leave and personal leave days will be frozen for a period of two (2) years from the effective date of the lay-off. If the employee is not recalled back to work within a two (2) year period, he/she will forfeit accrued leave days. Accrued vacation days will be paid within the pay cycle which includes the effective layoff date. For purposes of recall, bargaining unit members in that classification. Unit members employees shall retain have recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior equal to the close seniority date at time of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laidlay-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsoff. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Master Agreement

Layoffs. a. For 9.1 When the purposes Employer determines that a layoff or job abolishment is necessary, the Employer shall notify the affected employees thirty (30) calendar days in advance of this sectionthe effective date of the layoff or job abolishment. 9.2 The Employer shall determine in which classification(s) and which work section(s) layoffs will occur. Within each classification affected, “seniority” shall mean the length employees will be laid-off in order of continuous service, including approved leaves of absence, seniority with the SMCPS since least senior employee laid-off first. Employees who are dislocated from their classification shall have the most recent date right to bump (displace) any less senior employee, provided the bumping employee is qualified to perform the duties of hirethe classification to which he or she desires to bump. In Employees who are displaced by this process shall have, in turn, the event of a reduction right to bump (displace) less senior employees in force within an employment classificationlike manner, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority should any exist. 9.3 Laid-off employees shall be the determining factor among qualified unit members in that classification. Unit members shall retain have recall rights for a period of three yearsup to twenty-four (24) months or their length of service with the Washington County Board of DD whichever is the more. If there is a recall within the classification from which the employee was laid-off, employees remaining on the recall list shall be recalled in the inverse order of their layoff, provided they presently qualify to perform the work without further training or certification. b. 9.4 Notice of recall shall be sent to the employee by registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. 9.5 The recalled employee shall have seven (7) calendar days following the receipt of the recall notice to notify the Employer of his intention to return to work and shall have fourteen (14) calendar days following the receipt of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the notice. Failure to return in fourteen (14) calendar days forfeits recall rights by the employee. 9.6 No new employees within a classification shall be hired until all laid-off employees within that classification having recall rights are recalled. Substitutes replacing regular employees off on approved leave are exempt from this prohibition. Failure to return in fourteen (14) calendar days forfeits recall rights by the employee. 9.7 Employees on layoff shall be given preference for substitute work in their classification. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of they decline an offer to return work when called as a substitute on three (3) separate occasions while on layoff status, they shall lose such preference, unless illness is the reason for declining to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed work and such illness has been verified in writing of any change in addressby a physician. A unit member shall remain on the recall list for The three years. d. Unit members on leave of absence shall (3) days may be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid waived by the former (laid off) employee to SMCPSSuperintendent. Employees accumulate no benefits while working as a substitute employee. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For 24.1 Where there is a decrease in positions within a department, any temporary employee, non- Bargaining Unit part-time employee, and probationary employees in the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may affected department will be laid off because in that order prior to any Bargaining Unit employee, provided the Bargaining Unit employee has the qualifications, as identified on the job posting, to perform the work required. 24.2 Employees will be laid off according to seniority in the affected classification, provided the greater seniority employees have the qualifications, as identified on the job posting, to perform the work required. 24.3 Employees to be laid off will have at least fourteen (14) calendar days notice of layoff. The Association President will receive a list from the Employer of the employees being laid off on the same date the notices are issued to employees. 24.4 Employees affected may accept lay-off or may exercise their bargaining unit seniority to displace employees with less seniority provided the employees have the qualifications, as identified on the job posting, to perform the work performed by non- unit membersrequired. Upon receipt of notice of layoff, the Board agrees affected employee shall have seven (7) calendar days to provide written notification to UHR of his/her intent to accept layoff or exercise his/her bargaining unit seniority. Failure to notify EASMC UHR of his/her intent will result in a waiver of such bumping rights and explore any alternative and consider any EASMC proposals so as to minimize the effect employee shall be placed on unit memberslayoff status. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member 24.5 An employee affected must exercise his/her seniority in the SMCPSfollowing order: 1) Assigned to a vacant position in the same classification 2) Displace the least-senior employee in the same classification. 3) Displace the least-senior employee in another classification at the same rate of pay. 4) Accept assignment in a vacant position in another classification, below the affected employee's pay rate. 5) Displace the least-senior employee in another classification, below the affected 6) Replace a temporary employee in another department who is employed in a bargaining unit classification; however, the affected employee shall not become a temporary employee for seniority or benefit purposes. 24.6 Any employee who accepts an assignment in a vacant position, has displaced a less-senior employee in another classification or has replaced a temporary employee in another department as outlined in paragraph 24.5 shall have preference during the initial callback, based on seniority, on returning to his/her original classification when there is a vacancy. They shall be notified of recall by certified mail. Within 15 days of an offer Thereafter, the employee must use the bidding procedure to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must his/her former department or classification. 24.7 Any dispute concerning this section will be received within the Department of Human Resources prior subject to the close third step of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsgrievance procedure. d. Unit members 24.8 Notwithstanding anything in the Collective Bargaining Agreement to the contrary, employees on leave layoff status shall not lose credits against seniority, longevity and vacation progression while on layoffs of absence less than two (2) years duration. However, no benefits shall be eligible for layoff as though they were in active serviceaccrue while on such layoffs. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. Seniority is based on time in the bargaining unit for layoff purposes. Seasonal employees may be used by the Town to supplement the work force, but no part-time or seasonal employee shall be employed while employees of the unit are on layoff status. The Town agrees that it will not subcontract work for the purpose of laying off employees. Further, the Town will make every effort to recall employees from layoff whenever the duration and nature of the work to be done makes it practical to do so. For all classifications (positions) within the purposes bargaining unit (as set forth in the Recognition Clause) layoffs shall be made within each employee’s classification in the reverse order of this sectionseniority, “seniority” shall mean provided always that the length retained employee is capable of continuous service, including approved leaves of absence, with performing the SMCPS since the most recent date of hireavailable work. In the event of a reduction in force layoff for lack of work, probationary employees will be laid off first. For all classifications within an employment classificationthe bargaining unit, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or employee affected shall have the recall of said employees, seniority shall be right to displace the determining factor among qualified unit members in that least senior employee within the classification. Unit members shall retain recall rights for For a period of three years. b. In two (2) years the event affected employee shall have the right to be recalled to the classification from which he/she was laid off, if a position should become vacant or be reinstated, or to a position in a lower classification. The choice of employees to rehire shall be based upon seniority’ provided the employee can, in the judgment of the Town, satisfactorily perform the available work. No person shall be newly employed in a classification that unit members may be laid off because of work performed by non- unit members, includes personnel on that recall list until all persons on the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who recall list have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior mail sent to the close of business on the fifteenth day employee’s last known address and such persons either are offered re-employment or it shall be deemed that they have declined the decline such re-employment offer. It shall be the employee’s responsibility to notify the Town of each laidhis current address. An employee who declines an offer of re-off unit member employment in the same classification as previously employed shall forfeit recall rights. Failure to keep the Department of Human Resources informed respond in writing to a notice of any change in addressan opening within ten (10) working days after mailing thereof shall be deemed a refusal to accept re-employment. A Returning employees must return to work within thirty (30) calendar days from the date of mailing of the notification. Members of the bargaining unit member shall remain whose names are on the recall list will be notified of opportunities for three years. d. Unit members on leave of absence temporary part-time or seasonal employment. No new employee shall be eligible hired for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to temporary part-time or seasonal position until all employees who return and the recall list have had an opportunity to decline. Notification of opportunities for such employment with the Boardshall not constitute recall, and no employee shall forfeit rights by declining such employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For The following order of layoff is established in the event such may occur: First, newly hired supplemental, part‐time or full‐time employees in the affected job classification in the affected unit/department who have not completed their probationary period. Second, the least senior supplemental employees in the affected job classification, in the affected unit/department who have completed their probationary period. Finally, the least senior regular full‐ or part‐time employee(s) by job classification in the affected unit/department. Bargaining unit seniority for purposes of this section, “seniority” the order of layoff shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since be measured from the most recent date of hire. In hire or appointment to the event of a reduction in force within an employment affected job classification, as listed in the affected unit/department. If a layoff requires the Hospital to reconfigure the remaining FTE positions, and/or schedule of the remaining positions in the affected job classification(s) and unit/department(s), such employees shall bid on the “Schedule of Classifications” under Article 11reconfigured position(s) by seniority in their job classification. 7.3.1 A senior regular full‐ or part‐time employee affected by a layoff may transfer to a vacant position elsewhere in the bargaining unit if the affected employee is currently qualified to perform the vacant position. If there are no vacant position(s), Xxxxxxif the affected employee has previous full‐ or part‐ time experience in another bargaining unit job classification, and/or Article 1and if the affected employee is still currently qualified to perform that previous job classification, Recognition, 1.2 Definitions or such employee may bump the recall of said employees, seniority shall be the determining factor among qualified unit members least senior employee in that job classification. Unit members shall retain recall rights for a period of three years, provided, however, that the employee being bumped must have less total bargaining unit seniority than the affected employee and the affected employee may only bump once during the current layoff. b. In 7.3.2 Prior to the event that unit members may be laid off because announcement or notice of work performed by non- unit memberslayoff to the affected employee(s), the Board agrees to Hospital shall notify EASMC the Union fourteen (14) days in advance of the layoff. Upon request, the Union and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off Hospital shall be recalled in review the order of layoff within the length of total satisfactory service as a unit member in affected job classification(s) and unit(s)/department(s). The Hospital will give the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the employee(s) involved fourteen (unit member14) employee shall provide written days’ notice of acceptance layoff or pay in writinglieu thereof, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsif possible. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For Section 1. The employer maintains the purposes right to reduce the force for economic cause, i.e., to conduct layoffs. The term “reduce the force,” as used herein, shall be construed as synonymous with layoff for economy and/or “staff reductions.” Section 2. The following provisions shall apply to staff reductions: a) Layoffs to reduce the force may be made as the needs of the Publisher require. The Publisher shall decide when and how many employees shall be laid off. To the greatest extent practicable, the Publisher shall give the Guild at least thirty (30) days advance notice of its intent to conduct a layoff. In no event shall the Publisher provide less than two weeks’ notice. The notice shall be in writing and shall include the reasons for the layoff and the position(s) affected. The Guild may promptly offer possible alternatives to the layoff for the Company’s consideration. After considering the Guild’s proposed alternatives, the Publisher’s final decision to implement layoffs shall not be subject to the grievance and arbitration provisions of Article 7 of this sectionAgreement. b) When deciding on layoffs, “seniority” the Publisher shall mean give consideration to the length work to be done and the previous journalism experience, skills, previous job performance, training, and other qualifications of continuous serviceemployees covered by this Agreement. If all of the aforementioned qualifications, including approved leaves in aggregate, are equal, the least senior employee shall be laid off. The Publisher may elect, in its discretion, to solicit volunteers to be laid off. If the Company does request voluntary layoffs it shall not be required to accept the offer of absence, with the SMCPS since the most recent date of hireany employee who volunteers to be laid off. In instances of voluntary layoff, employees volunteering for layoff shall receive the event same layoff benefits per Article 25: Severance, as if involuntarily laid off, provided they sign a joint waiver and release of claims. At the Publisher’s discretion laid off employees may be excused from work during the notice period. Section 3. Seniority shall be considered broken by (1) discharge for just and sufficient cause, (2) resignation or retirement, (3) twelve (12) consecutive months of layoff or (4) refusal to accept an offer of rehire made pursuant to Article 26: Recall list. Section 4. Employees laid off because of a reduction in force within an employment classificationshall be afforded all rights afforded to them under the COBRA statute and its implementing regulations. It is understood that health care insurance coverage for employees laid off will continue through the end of the calendar month in which the layoff occurs. Employees will be eligible for Company-subsidized COBRA benefits at the same rate of coverage for a maximum of three (3) months, as listed provided the employee pays a portion equal to the active employee premium for the plans in which the employee is Upon thirty (30) calendar days’ notice to the Guild, the Publisher has the right to install and operate any new equipment or to bring about major technological change, including automation, in any department covered by this Agreement. The Publisher will train affected employees on the “Schedule of Classifications” under new processes and equipment, or reassign employees in accordance with Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or : Transfers and Promotions as practicable to minimize reduced employment opportunities and as consistent with the recall effective operation of said employees, seniority shall be the determining factor among qualified unit members in that classificationbusiness. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be Employees laid off because of work performed by non- unit members, the Board agrees due to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions changes in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day equipment or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence technology shall be eligible for layoff severance as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 25: Severance. It is understood that this provision does not apply to routine software upgrades or the replacement of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPSexisting equipment such as computers and associated devices. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Labor Agreement

Layoffs. a. For SECTION 1. Whenever it is necessary because of lack of work or lack of funds or whenever it is advisable in the purposes interest of economy or efficiency to reduce the working force, the County shall layoff employees covered by this sectionAgreement in inverse order of bargaining unit seniority. SECTION 2. Employees shall be laid off on the basis of inverse order of bargaining unit seniority within their classification, bargaining-unit wide. When the seniority of two (2) or more employees is equal, the tie shall be broken pursuant to the Seniority Article. An employee shall have the right, on the basis of bargaining unit seniority” shall mean , to bump other employees in an equal or lower rated classification provided they qualify and can perform the length work in question as determined by the Employer. To be eligible to bump into an equal rated classification, the bumping employee cannot have been suspended or demoted (as a result of continuous service, including approved leaves discipline or in lieu of absence, with discipline) within the SMCPS since two years prior to the most recent date of hirebumping. SECTION 3. Before any bargaining unit employee is notified of his/her layoff under the above provisions, the County and the Union shall meet immediately for the purpose of attempting to find an available job within the bargaining unit. A displaced employee must accept any vacancy in an equal rated bargaining unit classification for which the employee is qualified. A displaced employee may accept any vacancy in a lower rated bargaining unit classification for which the employee is qualified. Employees accepting a vacancy in another classification or bumping into another classification in the same division or specialized unit that they have not held within the preceding two years or into any classification in another division or specialized unit shall serve a 120 calendar day probationary period. An employee who fails such probationary period shall be laid off and be placed on a recall list. SECTION 4. It shall be at the option of the employee as to whether he/she shall exercise his/her seniority rights to “bump” into another classfication or to take a direct lay off. SECTION 5. Regular full-time employees shall be given a minimum of two (2) weeks advanced written notice of layoff indicating the circumstances which make the layoff necessary. SECTION 6. In the event of a reduction in force within an employment classificationemployee is laid off, he/she shall receive payment for earned but unused vacation and for any unpaid overtime as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so quickly as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 possible but no later than fourteen (14) calendar days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPSlayoff. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For Section 1 If due to shortage of work or funds, or change in the purposes of this sectionorganization, “seniority” shall mean the length of continuous service, including approved leaves of absence, it becomes necessary to lay off employees those with the SMCPS since least seniority with the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority City Collections System shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because first, unless it is necessary for the normal operation of work performed the Wastewater Division facilities to retain a particular classification of employee. Layoffs within classifications shall be by non- unit memberslayoff of those with the least seniority within the classification, unless there is a significant change in job performance as evidenced by the Board agrees last three (3) performance evaluations. Employees affected by any layoffs shall have the right to notify EASMC bump less senior employees in other classifications for which they are currently qualified and explore any alternative and consider any EASMC proposals so as physically able to minimize perform the effect on unit membersduties of the employment position. Employees subject to layoff shall receive a minimum of ten (10) working days advance notice prior to such layoff. c. When positions in their classification become vacant, nonprobationary unit members who have been laid Section 2 Recall of laid-off employees shall be recalled made in the reverse order of the length layoff. Employer recall of total satisfactory service as a unit member in the SMCPS. They laid-off employees shall be notified of recall by certified mailregistered mail notice to the employees being recalled at the employee's last known address that has been given to the Employer. Within 15 days of an offer to return to employment the (unit member) The employee shall provide written notice have the responsibility to keep the Employer informed of acceptance in writing, which address changes. Employee response to the Employer's recall letter must be received by the Employer within the Department five (5) calendar days of Human Resources prior receipt of notice of recall from layoff. Failure to the close timely respond shall constitute a waiver of business on the fifteenth day or it right to recall. All employee recall rights shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three expire twelve (12) months after the first effective day of a employee's layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPSdate. f. Previously accrued sick leave days will Section 3 Employees shall be restored to all employees who return to employment with laid off in the Board.following order: 1. emergency employees; 2. seasonal employees; 3. probationary employees;

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For ‌ 24.1 Where there is a decrease in positions within a department, any temporary employee, non- Bargaining Unit part-time employee, and probationary employees in the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may affected department will be laid off because in that order prior to any Bargaining Unit employee, provided the Bargaining Unit employee has the qualifications, as identified on the job posting, to perform the work required. 24.2 Employees will be laid off according to seniority in the affected classification, provided the greater seniority employees have the qualifications, as identified on the job posting, to perform the work required. 24.3 Employees to be laid off will have at least fourteen (14) calendar days notice of layoff. The Association President will receive a list from the Employer of the employees being laid off on the same date the notices are issued to employees. 24.4 Employees affected may accept lay-off or may exercise their bargaining unit seniority to displace employees with less seniority provided the employees have the qualifications, as identified on the job posting, to perform the work performed by non- unit membersrequired. Upon receipt of notice of layoff, the Board agrees affected employee shall have seven (7) calendar days to provide written notification to UHR of his/her intent to accept layoff or exercise his/her bargaining unit seniority. Failure to notify EASMC UHR of his/her intent will result in a waiver of such bumping rights and explore any alternative and consider any EASMC proposals so as to minimize the effect employee shall be placed on unit memberslayoff status. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member 24.5 An employee affected must exercise his/her seniority in the SMCPSfollowing order: 1) Assigned to a vacant position in the same classification 2) Displace the least-senior employee in the same classification. 3) Displace the least-senior employee in another classification at the same rate of pay. 4) Accept assignment in a vacant position in another classification, below the affected employee's pay rate. 5) Displace the least-senior employee in another classification, below the affected employee’s pay rate. 6) Replace a temporary employee in another department who is employed in a bargaining unit classification; however, the affected employee shall not become a temporary employee for seniority or benefit purposes. 24.6 Any employee who accepts an assignment in a vacant position, has displaced a less-senior employee in another classification or has replaced a temporary employee in another department as outlined in paragraph 24.5 shall have preference during the initial callback, based on seniority, on returning to his/her original classification when there is a vacancy. They shall be notified of recall by certified mail. Within 15 days of an offer Thereafter, the employee must use the bidding procedure to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must his/her former department or classification. 24.7 Any dispute concerning this section will be received within the Department of Human Resources prior subject to the close third step of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsgrievance procedure. d. Unit members 24.8 Notwithstanding anything in the Collective Bargaining Agreement to the contrary, employees on leave layoff status shall not lose credits against seniority, longevity and vacation progression while on layoffs of absence less than two (2) years duration. However, no benefits shall be eligible for layoff as though they were in active serviceaccrue while on such layoffs. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Employment Agreement

Layoffs. a. For the 33.01 The Employer may layoff bargaining unit members or abolish bargaining unit positions due to a lack of funds, lack of work or for purposes of this sectionreorganization to increase the efficiency of operations. The employer shall determine within which classification(s) layoffs will occur. Within each affected classification, employees shall be laid off in accordance with their seniority” shall mean the length of continuous service, including approved leaves of absence, . Employee(s) with the SMCPS since least seniority will be laid off first. 33.02 In the most recent event of a layoff or job abolishment, the affected employee(s) will have bumping rights within their respective classification. Upon a layoff, an affected employee may bump an employee with less seniority in the same classification. Employees who are bumped may exercise the same bumping rights ‘with respect to less senior employees in the affected classification. Affected employees will have five (5) calendar days to exercise their bumping rights. 33.03 Bargaining unit members who are laid off shall be placed on a recall list for a period of thirty-six (36) months. If a recall occurs, employees who remain on the recall list shall be recalled to their former position in the order of their layoff. Notice of recall shall be sent to the employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice to the last mailing address provided by the employee. Employees shall be responsible for notifying the Employer, in writing, of any changes in their address. The recalled employee shall have seven (7) calendar days following receipt of the recall notice to notify the Employer of his/her intention to return to work and shall have fourteen (14) calendar days following receipt of the recall notice in which to report for duty unless a different date of hirefor returning to work is otherwise specified in the notice. If the employee does not respond within seven (7) calendar days, the employee shall be deemed to waive his/her recall rights and will be removed from the recall list. In the event of a reduction layoff, employees in force within an employment classificationthe classifications of lieutenants and sergeants may bump less senior employees in lower classifications. Employees in the classifications of lieutenants, sergeants and patrol officers who are qualified in the discretion of the Chief to serve as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority dispatchers may bump less senior dispatchers. Seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so defined as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPSDepartment. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For When employees are laid off because of lack of work, the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, employee with the SMCPS since latest seniority date shall be laid off first, the most recent employee with the next latest seniority date second, and so on, provided that those remaining at work have the ability to do the work which is available. 1. All probationary employees and temporary employees shall be laid off in the classification affected by the layoff before any regular employee is laid off. 2. Thereafter, regular employees will be laid off with the least senior employee in the classification affected being laid off first and so on through the seniority list. 3. An employee laid off pursuant to the provisions of hirethe above paragraph shall be allowed, within three (3) working days after receipt of the notice of layoff, to exercise seniority to move to a vacant position in an equal or lower paying classification on the Pew Campus, provided the employee can do the work, or, to displace the least senior employee in an equal or lower paying classification on the Pew Campus, provided the employee can do the work. Such employees can not displace an employee if a vacancy exists in the classification and in no case shall the employee displace a more senior employee. An employee refusing to exercise the seniority rights in this paragraph shall be deemed to have quit voluntarily. 4. In the event of a reduction in force layoff, all temporary employees within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority affected classification shall be laid off first, followed by all probationary employees in the determining factor among qualified unit members in that affected classification. Unit members shall retain recall rights for a period of three years. b. 5. Thereafter, regular part-time employees will be laid off, with the least senior part-time employee being laid off first and so on through the seniority list. In the event that unit members may a part-time employee had transitioned from a full-time position within 24 months of the necessary layoff, he or she will be laid off because treated as a full- time employee for the purposes of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit memberslayoff order determinations. c. When positions in their classification become vacant6. After all temporary, nonprobationary unit members who probationary, and regular part-time employees have been laid off, regular full-time employees will be laid off, with the least senior employee in the classification affected being laid off first and so on through the seniority list. 7. An employee laid off pursuant to the provisions of the above paragraph shall be recalled in order allowed, within three (3) working days after receipt of the length notice of total satisfactory service as layoff, to exercise seniority to move to a unit member vacant position in an equal or lower paying classification on the Pew Campus, provided the employee can do the work or to displace the least senior employee in an equal or lower paying classification on the Pew Campus, provided the employee can do the work. Such employee cannot displace an employee if a vacancy exists in the SMCPSclassification and in no case shall the employee displace a more senior employee. They shall be notified of recall by certified mail. Within 15 days of an offer An employee refusing to return to employment exercise the (unit member) employee shall provide written notice of acceptance seniority rights in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it this paragraph shall be deemed that they to have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsquit voluntarily. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. 26.01 Layoffs shall be made in the reverse order of bargaining unit seniority, provided the remaining employees are qualified to perform the work. The least senior employee(s) in a work unit that is losing positions has the right to transfer into a vacancy created by the actual layoff. For example, if the purposes least senior member of this sectionthe bargaining unit is in the Electrical Unit but the position loss which necessitated the layoff is in the Warehouse Unit, “seniority” the least senior employee in the Warehouse Unit if qualified to perform the work assigned to the position in the Electrical Unit shall mean be transferred and shall be paid the length of continuous service, including approved leaves of absence, wage rate appropriate to the new position. If the employee elects not to accept the transfer the employee will be subject to layoff. 26.02 The District shall confer with the SMCPS since the most recent date Union prior to issuance of hire. In the event any notices of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three yearslayoff to employees covered by this Agreement. b. In 26.03 This clause shall not apply to the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been discharge section. All regular full-time employees being laid off shall be given two (2) weeks’ notice or two (2) weeks’ pay prior to such layoff. 26.04 An employee laid off shall be offered the first job opportunity within the other work units before a new hire, provided the employee is qualified to perform the work. If a laid off employee is offered a job opportunity within this bargaining unit at the same range as the position the employee left and the employee rejects the offer, all recall rights are terminated. Returning employees shall be placed at the same step as occupied at the time of lay-off. This job opportunity shall not apply to the discharge section. 26.05 Employees who had medical benefits at time of layoff, and who are recalled in order to a medical benefit eligible position, shall receive benefit coverage on the first day of the length of total satisfactory service as a unit member in month following their return to work from layoff status. 26.06 Seniority may be terminated and the SMCPS. They District-employee relationship shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid severed by the former following conditions: a. Proper discharge; b. Layoff of twelve (laid off12) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.months’ duration;

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For 24.1 Where there is a decrease in positions within a department, any temporary employee, non- Bargaining Unit part-time employee, and probationary employees in the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may affected department will be laid off because in that order prior to any Bargaining Unit employee, provided the Bargaining Unit employee has the qualifications, as identified on the job posting, to perform the work required. 24.2 Employees will be laid off according to seniority in the affected classification, provided the greater seniority employees have the qualifications, as identified on the job posting, to perform the work required. 24.3 Employees to be laid off will have at least fourteen (14) calendar days notice of layoff. The Association President will receive a list from the Employer of the employees being laid off on the same date the notices are issued to employees. 24.4 Employees affected may accept lay-off or may exercise their bargaining unit seniority to displace employees with less seniority provided the employees have the qualifications, as identified on the job posting, to perform the work performed by non- unit membersrequired. Upon receipt of notice of layoff, the Board agrees affected employee shall have seven (7) calendar days to provide written notification to UHR of his/her intent to accept layoff or exercise his/her bargaining unit seniority. Failure to notify EASMC UHR of his/her intent will result in a waiver of such bumping rights and explore any alternative and consider any EASMC proposals so as to minimize the effect employee shall be placed on unit memberslayoff status. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member 24.5 An employee affected must exercise his/her seniority in the SMCPSfollowing order: 1) Assigned to a vacant position in the same classification 2) Displace the least-senior employee in the same classification. 3) Displace the least-senior employee in another classification at the same rate of pay. 4) Accept assignment in a vacant position in another classification, below the affected employee's pay rate. 5) Displace the least-senior employee in another classification, below the affected employee’s pay rate. 6) Replace a temporary employee in another department who is employed in a bargaining unit classification; however, the affected employee shall not become a temporary employee for seniority or benefit purposes. 24.6 Any employee who accepts an assignment in a vacant position, has displaced a less-senior employee in another classification or has replaced a temporary employee in another department as outlined in paragraph 24.5 shall have preference during the initial callback, based on seniority, on returning to his/her original classification when there is a vacancy. They shall be notified of recall by certified mail. Within 15 days of an offer Thereafter, the employee must use the bidding procedure to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must his/her former department or classification. 24.7 Any dispute concerning this section will be received within the Department of Human Resources prior subject to the close third step of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsgrievance procedure. d. Unit members 24.8 Notwithstanding anything in the Collective Bargaining Agreement to the contrary, employees on leave layoff status shall not lose credits against seniority, longevity and vacation progression while on layoffs of absence less than two (2) years duration. However, no benefits shall be eligible for layoff as though they were in active serviceaccrue while on such layoffs. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. 35.01 In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit memberslayoff being considered, the Board agrees to notify EASMC meet with the Union to discuss details of the layoff and explore any alternative and to consider any EASMC proposals so as to minimize suggestions from the effect on unit membersUnion. c. When positions in their classification become vacant35.02 In the event of a layoff, nonprobationary unit members who have been employees shall be laid off in the reverse order of seniority, provided those retained can fulfill the normal requirements of the available jobs. Employees shall be recalled in the order of their seniority to the length same job classification from which they were laid off or to a classification at or below the laid-off employee’s original classification provided the employee can fulfill the normal requirements of total satisfactory service as the job. In such cases, the requirement to post under Article 30, does not apply. New employees shall not be hired until those laid off have been given the opportunity of recall. 35.03 The Board shall notify the employee of a unit member in recall opportunity by registered delivery, addressed to the SMCPS. They last address on record with the Board (which notification shall be notified deemed to be received on the 5th day following the date of recall by certified mailmailing). Within 15 days of an offer The notification shall state the job(s) to return which the employee is eligible to employment be recalled and the (unit member) date and time at which the employee shall provide written notice of acceptance in writing, which must report to work. The employee is solely responsible for his or her proper address being on record with the Board. 35.04 The Board will notify Employees who are to be received within the Department of Human Resources laid off four weeks prior to the close effective day of business on layoff. In lieu of such notice, the fifteenth day or it shall be deemed that they have declined Board will pay an Employee four weeks’ pay at the offer. It shall be the responsibility of each Employee’s regular hours. 35.05 A laid-off unit member employee may decline opportunities of recall to keep job classifications lower than their previous job classification without forfeiting their right of recall for the Department 24 calendar month period from the actual date of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearslayoff, as per Article 34. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. 35.06 a) The Board will continue coverage for three months after to maintain the first effective day of a layoff same benefit plan premium payments that the employee had in force at the regular percentage time of layoff for the notice period set out in paragraph 35.04 above. An employee may elect to continue their Group Life Insurance and Extended Health Benefits for a further twelve (12) months provided the employee pays one hundred percent (100%) of the premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee cost to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. 19.1 The Board of Directors will approve the layoff of any employee. Notice of not less than two weeks shall be provided to employees to be laid off. While the District reserves the right to determine positions to be eliminated, layoffs shall be determined as follows: a. No permanent employee shall be laid off within a job classification until all probationary employees (in their first six months of District employment) in such classification have been laid off. b. Within a job classification where a position(s) are going to be eliminated, the least senior employee within that classification shall lose the position. For the purposes purpose of determining seniority in this sectionsection (b), all service to the District in that job classification will be counted. c. Any employee to be laid off who has experience in a lower-paid classification within that employee's same job category, and who has more seniority than another employee in the lower paid classification, can bump into that classification. For the purpose of determining seniority in this section (c), all service to the District in that job category will be counted. d. Any employee to be laid off after (b) and (c) have been followed may retreat to a position formerly held in a different job category if the employee has more total seniority than another employee in that category. For the purpose of determining seniority in this section (d), all service to the District in an equal or higher paying job will be counted. e. Notwithstanding (a)-(d) above, the District reserves the right to layoff out of order of seniority if retention of special job skills is required. If the District applies this section to a layoff out of order of seniority it will notify the Association in writing. This notification shall include what special job skills are required and an explanation of why. The notification will be sent to the Association prior to the notification of layoff. If the Association does not believe that the job skill explained in the notification meets the understanding of the parties as to what a special job skill is, the Association may use the grievance procedure to challenge this decision, and the arbitrator shall have the authority to overturn the decision to lay off out of order of seniority. f. Employees laid off at the end of the school year shall mean receive insurance benefits through the length end of continuous August; employees laid off during a mid-year period shall receive insurance benefits through the end of the month in which they are laid off. 19.2 When all members of a classification are laid off as a result of complete elimination of that type of service, including approved leaves or when an employee is no longer physically able to perform the requirements of absencehis/her job as a result of a job-related injury or illness, employee(s) in that situation shall meet with the SMCPS since Human Resources Department to provide information about their skills so that the most recent date Human Resources Department may determine what other classifications they are qualified to fill. They may subsequently submit additional information to the Human Resources Department about changes in their qualification for other classifications. If the employee does not have bumping rights under 19.1(a) to (f) above, then the employee shall be placed in or recalled to any vacancy he/she is qualified to fill. Total District seniority shall apply to recall rights. 19.3 A layoff shall be defined as the reduction of hire. In the event of entire position held, or a reduction in force within an employment classificationhours greater than 30 minutes or a reduction that causes loss of eligibility for these benefits: vacation, as listed on the “Schedule of Classifications” under Article 11insurance, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offerPERS. It shall be the responsibility a layoff if eligibility for negotiated insurance premiums is reduced from 100% negotiated premiums to 50% negotiated premiums or from 50% negotiated premiums to no negotiated premiums. Hours that are added to an employee's schedule on a limited term basis (i.e., for an experimental program or short-term need, for a maximum of each laid-off unit member to keep the Department of Human Resources informed 10 months) and clearly identified as limited term hours, may be deleted without becoming a "layoff." Involuntary reduction in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence hours shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after cumulative from year to year beginning with 1993-94. When an employee loses enough time to exceed 30 minutes of his/her original hours, the first effective day of a layoff at the regular percentage of premium split defined in Article 9 rights of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPSarticle shall apply. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Layoffs. a. For a) The Employer shall notify the purposes Guild in writing at least ninety (90) days prior to any proposed dismissal to reduce the force, specifying the job title and number of employees. During the first two-weeks of that notice period, the Employer will meet with Guild representatives and provide the economic justification for the reduction. Loss of project-specific grant funding shall be cause for economic justification. The Employer and Guild will discuss possible alternatives to a reduction in force. b) Dismissals shall be made in the inverse order of seniority in the classification by department. An employee who could be trained within forty-five (45) days to do the job of a less senior employee in the same department shall be moved into that position and the less senior employee laid off. Further, an employee who is notified of layoff and who has held a previous position in a different department, may bump a less senior employee in that position. Employees notified for layoff also may fill any vacant bargaining unit position for which they meet the minimum job qualifications or could be trained within forty-five (45) days to carry out the position duties. An employee promoted or transferred under this section, “seniority” Article shall mean the length have a trial period of continuous service, including approved leaves of absence, ninety (90) calendar days which may be extended by agreement with the SMCPS since Guild. The Employer's evaluation of the most recent employee shall be discussed with the employee at least forty-five (45) days before the end of the trial period. c) Employees dismissed to reduce the force shall be placed upon a rehiring list for two (2) years. The Employer, before filling a vacancy for which a laid-off employee is qualified for shall notify the laid off employee(s) by mail and/or email at the employee’s last known address. If within ten (10) working days of the date of hiresaid letter an employee to whom such notice has been sent has not answered or has not accepted reemployment for which such employee is eligible, the employee’s name shall be removed from the rehiring list and the employee need not be any longer considered for re-employment. In the event of a reduction in force within an employment classification, as listed reply by any or all such employees on the “Schedule list so notified, the Employer shall fill said vacancy from among those so replying who request such re- employment in the order of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions their seniority in the classification or classifications within which the recall of said employees, seniority shall be the determining factor among qualified unit members in that classificationvacancy occurs. Unit members shall retain recall rights for a period of three years. b. In the event that the vacancy cannot be filled by an employee or employees on the rehiring list, the Employer may fill the vacancy with a new employee or employees. Time spent on a rehiring list shall not constitute breaks in service, but will not be counted as service time in accruing vacation, sick leave, holidays, and other leave time and need not be counted as service time in computing severance pay. d) Seniority shall be based on an employee’s continuous service with National Jobs with Justice or American Rights at Work in a bargaining unit members may position. Temporary absences due to illness or approved leave will not break seniority. An employee promoted or transferred outside of the Guild’s jurisdiction and who remains continuously employed by the Employer and later returns to the Guild bargaining unit shall retain the employee’s seniority at time of promotion or transfer. e) A dismissed employee shall receive health insurance at the Employer’s expense for six months, or until the employee receives health insurance from a new employer, partner or spouse, whichever comes first f) An employee rehired under this article into the grade previously held shall be paid the salary he/she received at the time of layoff, plus any increase he/she would have received had they not be laid off because off. An employee rehired into a higher grade shall be paid at the bottom step of work performed by non- unit members, that grade. An employee rehired into a lower grade shall be paid at the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit memberstop step of that grade. c. When positions in their classification become vacant, nonprobationary unit members who have been g) Severance shall be paid as follows: 6 to 12 months service 4 weeks of salary 12 to 24 months service – 8 weeks salary 2. There will be no layoffs when a consultant or temporary employee is performing work that a Guild- covered employee subject to a layoff could perform or could be trained to perform within forty-five (45) days. 3. JWJ-ARAW will attempt to assist laid off shall be recalled employees in order of finding other employment. 4. Severance benefits are not available for the length of total satisfactory service as a unit member in SLAP coordinator position, except if the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources person is laid off prior to the close end of business on the fifteenth day agreed to term or it if the term is extended and the person is subsequently laid off. JWJ-ARAW shall be deemed that they have declined notify the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed Guild in writing of the initial term and any change in address. A unit member shall remain on the recall list for three yearsextensions. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. ‌ 28.01 Layoffs shall be made in the reverse order of bargaining unit seniority, provided the remaining employees are qualified to perform the work. The least senior employee(s) in a work unit that is losing positions has the right to transfer into a vacancy created by the actual layoff. For example, if the purposes least senior member of this sectionthe bargaining unit is in the Electrical Unit but the position loss which necessitated the layoff is in the Warehouse Unit, “seniority” the least senior employee in the Warehouse Unit if qualified to perform the work assigned to the position in the Electrical Unit shall mean be transferred and shall be paid the length of continuous service, including approved leaves of absence, wage rate appropriate to the new position. If the employee elects not to accept the transfer the employee will be subject to layoff. 28.02 The District shall confer with the SMCPS since the most recent date Union prior to issuance of hire. In the event any notices of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three yearslayoff to employees covered by this Agreement. b. In 28.03 This clause shall not apply to the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been discharge section. All regular full-time employees being laid off shall be given two (2) weeks’ notice or two (2) weeks’ pay prior to such layoff. 28.04 An employee laid off shall be offered the first job opportunity within the other work units before a new hire, provided the employee is qualified to perform the work. If a laid off employee is offered a job opportunity within this bargaining unit at the same range as the position the employee left and the employee rejects the offer, all recall rights are terminated. Returning employees shall be placed at the same step as occupied at the time of lay-off. This job opportunity shall not apply to the discharge section. 28.05 Employees who had medical benefits at time of layoff, and who are recalled in order to a medical benefit eligible position, shall receive benefit coverage on the first day of the length of total satisfactory service as a unit member in month following their return to work from layoff status. 28.06 Seniority may be terminated and the SMCPS. They District-employee relationship shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid severed by the former following conditions: a. Proper discharge; b. Layoff of twelve (laid off12) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.months’ duration;

Appears in 1 contract

Samples: Proposal Agreement

Layoffs. a. For the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. (a) In the event of a reduction lay-off, the Hospital shall lay-off employees in force the reverse order of their seniority within an employment their classification, as listed providing that those employees who remain on the “Schedule job have the qualifications and ability to perform the work. (b) A full-time employee who is subject to layoff shall have the right to either: (i) Accept the lay-off and be placed on a recall list for the period in accordance with 14.02 (g), or (ii) Displace a full-time employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit, provided the employee subject to layoff is qualified to perform the duties of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions the lower or the recall of said employees, seniority shall be the determining factor among qualified unit members in that identical classification. Unit members Such employee so displaced shall retain recall have the same rights for to the provisions above. An employee who has the right to displace another employee shall have the right to the same training period as would typically be accorded to a new employee. Such training period of three yearsmay commence prior to the anticipated displacement. b. (iii) In the event that unit members no full-time job is available, a full-time employee may be laid off because of work performed by non- unit members, displace a part-time employee on the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit memberssame basis in (b) above. c. When positions in their classification become vacant, nonprobationary unit members (c) A part-time employee who have been laid is subject to lay-off shall have the right to either: (i) accept the layoff, and be recalled placed on a recall list for the period in order accordance with 14.02 (g), or (ii) displace a part-time employee who has lesser bargaining unit seniority and is the least senior part-time employee in a lower or identical paying classification in the bargaining unit, provided the employee subject to lay-off is qualified to perform the duties of the length of total satisfactory service as a unit member in lower or identical classification. Such employee so displaced shall have the SMCPSsame rights to the provisions above. They shall be notified of recall by certified mail. Within 15 days of an offer An employee who has the right to return to employment the (unit member) displace another employee shall provide written notice of acceptance in writing, which must have the right to the same training period as would typically be received within the Department of Human Resources accorded to a new employee. Such training period may commence prior to the close of business anticipated displacement. (iii) A part-time employee will not be entitled to displace a full-time employee. (d) An employee who displaces an employee in a lower paying classification will be placed on the fifteenth day or it shall be deemed that they salary grid of the lower classification consistent with the level he would have declined achieved in the offer. It shall be lower classification based on his service and experience with the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsHospital. d. Unit members (e) Employees, while on leave of absence layoff, shall be eligible for layoff as though they were in active servicenot accrue vacation pay. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Agreement

Layoffs. a. For 24.1 Where there is a decrease in positions within a department, any temporary employee, non-Bargaining Unit part-time employee, and probationary employees in the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may affected department will be laid off because in that order prior to any Bargaining Unit employee, provided the Bargaining Unit employee has the qualifications, as identified on the job posting, to perform the work required. 24.2 Employees will be laid off according to seniority in the affected classification, provided the greater seniority employees have the qualifications, as identified on the job posting, to perform the work required. 24.3 Employees to be laid off will have at least fourteen (14) calendar days notice of layoff. The Association President will receive a list from the Employer of the employees being laid off on the same date the notices are issued to employees. 24.4 Employees affected may accept lay-off or may exercise their bargaining unit seniority to displace employees with less seniority provided the employees have the qualifications, as identified on the job posting, to perform the work performed by non- unit membersrequired. Upon receipt of notice of layoff, the Board agrees affected employee shall have seven (7) calendar days to provide written notification to UHR of his/her intent to accept layoff or exercise his/her bargaining unit seniority. Failure to notify EASMC UHR of his/her intent will result in a waiver of such bumping rights and explore any alternative and consider any EASMC proposals so as to minimize the effect employee shall be placed on unit memberslayoff status. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member 24.5 An employee affected must exercise his/her seniority in the SMCPSfollowing order: 1) Assigned to a vacant position in the same classification 2) Displace the least-senior employee in the same classification. 3) Displace the least-senior employee in another classification at the same rate of pay. 4) Accept assignment in a vacant position in another classification, below the affected employee's pay rate. 5) Displace the least-senior employee in another classification, below the affected employee’s pay rate. 6) Replace a temporary employee in another department who is employed in a bargaining unit classification; however, the affected employee shall not become a temporary employee for seniority or benefit purposes. 24.6 Any employee who accepts an assignment in a vacant position, has displaced a less- senior employee in another classification or has replaced a temporary employee in another department as outlined in paragraph 24.5 shall have preference during the initial callback, based on seniority, on returning to his/her original classification when there is a vacancy. They shall be notified of recall by certified mail. Within 15 days of an offer Thereafter, the employee must use the bidding procedure to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must his/her former department or classification. 24.7 Any dispute concerning this section will be received within the Department of Human Resources prior subject to the close third step of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsgrievance procedure. d. Unit members 24.8 Notwithstanding anything in the Collective Bargaining Agreement to the contrary, employees on leave layoff status shall not lose credits against seniority, longevity and vacation progression while on layoffs of absence less than two (2) years duration. However, no benefits shall be eligible for layoff as though they were in active serviceaccrue while on such layoffs. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. 10.01 The Employer shall consider the following factors in determining which employees are to be laid off or recalled as the case may be: a. For seniority; b. the purposes requirements and efficiency of this sectionoperations; c. the skill and ability of the individual to perform the normal required work. When, “seniority” in the judgement of the Employer, which judgement shall mean not be unreasonably exercised, the length of continuous servicefactors listed above being relatively equal as between two (2) or more employees, including approved leaves of absence, the employee with the SMCPS since greatest seniority will be the most recent date last to be laid off and conversely the first to be recalled from layoff. a. The Employer, whenever possible, shall give the Union and the employees concerned six (6) weeks notice of hireintention to lay off employees when the layoff is expected to be permanent or long term (in excess of thirteen [13] weeks duration). In Such notice to the event Union is not in addition to the notice provided to employees. Length of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority notice to individual employees shall be in accordance with the determining factor among qualified unit members in that classificationEmployment Standards Act. Unit members Employees with nine (9) years seniority or greater shall retain recall rights be provided with one (1) additional weeks notice for each year of seniority, to a period maximum of three yearstwelve (12) weeks notice. b. In Subject to the event that unit members may be laid off because operations of work performed by non- unit membersthe Home, the Board agrees Employer shall meet with the Union to notify EASMC and explore any alternative and consider any EASMC proposals so as discuss ways to minimize the effect on unit membersregularly scheduled positions, where this can be reasonably accommodated within the work schedule and the operations of the Home. c. Where an employee was forced to bump outside her classification to maintain her hours, she will have the option of returning to her original classification before an employee is recalled from layoff or a new position is added to the classification. 10.03 When positions recalling an employee after layoff, she shall be notified by registered mail or telegram and allowed six (6) calendar days to report for work, and in their classification become vacantthe meantime if an employee is recalled and is not immediately available for work, nonprobationary unit members who have been laid off other employees in seniority standing shall be recalled but shall be temporarily employed until the senior employee reports within the four day period. An employee receiving a registered letter or telegram in order accordance with this Article must contact the Employer within forty eight (48) hours of receipt of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer notice to return to employment work if she wishes the Employer to hold the job open for her for the full four (unit member4) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offerperiod. It shall be the employee's responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of Employer notified as to any change in address. A unit member shall remain on the recall list for three yearsof address or telephone number so that they will be up to date at all times. d. Unit members 10.04 An employee whose position is subject to layoff or reduction of hours shall have the right at the employee’s option to: a. Accept the layoff or reduction; or b. Displace an employee who has lesser seniority provided that such a position exists on leave any shift which is equal or less than their regularly scheduled position; or c. Displace an equal or lesser number of absence shifts from the most junior employee within the same classification and shift. An employee will have five (5) calendar days following written notification to indicate their choice. Failure to indicate within the above time limits will be deemed to mean that the layoff or reduction is accepted. 10.05 No new employee shall be eligible for layoff as though they were hired until all those fully laid off have been given an opportunity to return to work and have failed to do so, or in active serviceaccordance with the loss of seniority provisions under Article 9.05e. or, have been found unable to perform the work available. e. The Board will continue coverage for three months 10.06 Laid off employees shall be entitled to one (1) bump. If an employee bumps an employee holding a temporary position, such employee shall be laid off once the temporary vacancy has expired. 10.07 Any grievance with respect to a layoff shall be taken up under the grievance procedure within five (5) working days after the first effective day commencement of a the layoff at the regular percentage but no later. The parties can agree to an extension of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPStime frames. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Agreement

Layoffs. a. Seniority is based on time in the bargaining unit for layoff purposes. Seasonal employees may be used by the Town to supplement the work force, but no part-time or seasonal employee shall be employed while employees of the unit are on layoff status. The Town agrees that it will not subcontract work for the purpose of laying off employees. Further, the Town will make every effort to recall employees from layoff whenever the duration and nature of the work to be done makes it practical to do so. For all classifications (positions) within the purposes bargaining unit (as set forth in the Recognition Clause) layoffs shall be made within each employee’s classification in the reverse order of this sectionseniority, “seniority” shall mean provided always that the length retained employee is capable of continuous service, including approved leaves of absence, with performing the SMCPS since the most recent date of hireavailable work. In the event of a reduction in force layoff for lack of work, probationary employees will be laid off first. For all classifications within an employment classificationthe bargaining unit, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or employee affected shall have the recall of said employees, seniority shall be right to displace the determining factor among qualified unit members in that least senior employee within the classification. Unit members shall retain recall rights for For a period of three years. b. In two (2) years the event affected employee shall have the right to be recalled to the classification from which he/she was laid off, if a position should become vacant or be reinstated, or to a position in a lower classification. The choice of employees to rehire shall be based upon seniority’ provided the employee can, in the judgment of the Town, satisfactorily perform the available work. No person shall be newly employed in a classification that unit members may be laid off because of work performed by non- unit members, includes personnel on that recall list until all persons on the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who recall list have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior mail sent to the close of business on the fifteenth day employee’s last known address and such persons either are offered re-employment or it shall be deemed that they have declined the decline such re- employment offer. It shall be the employee’s responsibility to notify the Town of each laidhis current address. An employee who declines an offer of re-off unit member employment in the same classification as previously employed shall forfeit recall rights. Failure to keep the Department of Human Resources informed respond in writing to a notice of any change in addressan opening within ten (10) working days after mailing thereof shall be deemed a refusal to accept re-employment. A Returning employees must return to work within thirty (30) calendar days from the date of mailing of the notification. Members of the bargaining unit member shall remain whose names are on the recall list will be notified of opportunities for three years. d. Unit members on leave of absence temporary part-time or seasonal employment. No new employee shall be eligible hired for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to temporary part-time or seasonal position until all employees who return and the recall list have had an opportunity to decline. Notification of opportunities for such employment with the Boardshall not constitute recall, and no employee shall forfeit rights by declining such employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. ‌ 27.01 Layoffs shall be made in the reverse order of bargaining unit seniority, provided the remaining employees are qualified to perform the work. The least senior employee(s) in a work unit that is losing positions has the right to transfer into a vacancy created by the actual layoff. For example, if the purposes least senior member of this sectionthe bargaining unit is in the Electrical Unit but the position loss which necessitated the layoff is in the Warehouse Unit, “seniority” the least senior employee in the Warehouse Unit if qualified to perform the work assigned to the position in the Electrical Unit shall mean be transferred and shall be paid the length of continuous service, including approved leaves of absence, wage rate appropriate to the new position. If the employee elects not to accept the transfer the employee will be subject to layoff. 27.02 The District shall confer with the SMCPS since the most recent date Union prior to issuance of hire. In the event any notices of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three yearslayoff to employees covered by this Agreement. b. In 27.03 This clause shall not apply to the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been discharge section. All regular full-time employees being laid off shall be given two (2) weeks’ notice or two (2) weeks’ pay prior to such layoff. 27.04 An employee laid off shall be offered the first job opportunity within the other work units before a new hire, provided the employee is qualified to perform the work. If a laid off employee is offered a job opportunity within this bargaining unit at the same range as the position the employee left and the employee rejects the offer, all recall rights are terminated. Returning employees shall be placed at the same step as occupied at the time of lay-off. This job opportunity shall not apply to the discharge section. 27.05 Employees who had medical benefits at time of layoff, and who are recalled in order to a medical benefit eligible position, shall receive benefit coverage on the first day of the length of total satisfactory service as a unit member in month following their return to work from layoff status. 27.06 Seniority may be terminated and the SMCPS. They District-employee relationship shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid severed by the former following conditions: 1. Proper discharge; 2. Layoff of twelve (laid off12) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.months’ duration;

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For the purposes of this section, “seniority” A. The Board shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide give written notice of acceptance in writing, which must be received within the Department of Human Resources prior recall from layoff by sending a registered or certified letter to the close of business on the fifteenth day or it shall be deemed that they have declined the offersaid teacher at their last known address. It shall be the responsibility of each laid-off unit member teacher to keep notify the Department of Human Resources informed in writing Board of any change in address. A unit member shall remain The teacher's address, as it appears on the Board's records shall be conclusive when used in connection with layoffs, recall, or other notice to the teacher. If the teacher fails to report to work on the date set forth on the notice of recall, or if the date for resuming work is more than fifteen (15) days from the date of the notice of recall list and the teacher within (10) days from the giving of the notice shall have failed to confirm in writing the availability of the teacher for three yearsemployment, the teacher shall be considered a voluntary quit, unless an extension shall have been granted by the Board in writing, and the obligation of the Board to reemploy the teacher shall terminate. d. Unit members B. Teachers shall not accrue additional sick leave days or advance on leave the salary schedule during layoff nor will they lose sick days or years of absence experience on the salary schedule acquired prior to layoff. C. A teacher, who is laid off and is paid unemployment compensation benefits (associated with their regular teaching assignment) during the summer immediately following layoff and is subsequently recalled to a teaching position at the beginning of the next school year, will be paid according to an annual salary rate such that their unemployment compensation plus that annual salary rate will be equal to the rate of salary they would have earned for the school year had they not been laid off, subject to the following conditions: 1. The teacher is recalled for the full year to a position at least equal to the position they were laid off from. 2. The teacher may voluntarily agree to repay the amount of unemployment compensation received, in which case there would be no reduction in salary. D. Tenured teachers who have been on layoff for more than three (3) years shall no longer be eligible for layoff as though they were in active servicerecall. Probationary teachers shall have the recall rights for two (2) years from date of layoff. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For the purposes of this section, “seniority” shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary non-probationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For the purposes of this section, "seniority" shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the "Schedule of Classifications" under Article 11, XxxxxxSalary, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- non-unit members, the Board agrees to notify EASMC CEASMC and explore any alternative and consider any EASMC CEASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have he/she has declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. ‌ 26.01 Layoffs shall be made in the reverse order of bargaining unit seniority, provided the remaining employees are qualified to perform the work. The least senior employee(s) in a work unit that is losing positions has the right to transfer into a vacancy created by the actual layoff. For example, if the purposes least senior member of this sectionthe bargaining unit is in the Electrical Unit but the position loss which necessitated the layoff is in the Warehouse Unit, “seniority” the least senior employee in the Warehouse Unit if qualified to perform the work assigned to the position in the Electrical Unit shall mean be transferred and shall be paid the length of continuous service, including approved leaves of absence, wage rate appropriate to the new position. If the employee elects not to accept the transfer the employee will be subject to layoff. 26.02 The District shall confer with the SMCPS since the most recent date Union prior to issuance of hire. In the event any notices of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three yearslayoff to employees covered by this Agreement. b. In 26.03 This clause shall not apply to the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been discharge section. All regular full-time employees being laid off shall be given two (2) weeks’ notice or two (2) weeks’ pay prior to such layoff. 26.04 An employee laid off shall be offered the first job opportunity within the other work units before a new hire, provided the employee is qualified to perform the work. If a laid off employee is offered a job opportunity within this bargaining unit at the same range as the position the employee left and the employee rejects the offer, all recall rights are terminated. Returning employees shall be placed at the same step as occupied at the time of lay-off. This job opportunity shall not apply to the discharge section. 26.05 Employees who had medical benefits at time of layoff, and who are recalled in order to a medical benefit eligible position, shall receive benefit coverage on the first day of the length of total satisfactory service as a unit member in month following their return to work from layoff status. 26.06 Seniority may be terminated and the SMCPS. They District-employee relationship shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid severed by the former following conditions: 1. Proper discharge; 2. Layoff of twelve (laid off12) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.months’ duration;

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For 5.01 In event of layoff due to lack of work, or economic cutbacks, in any department, the purposes reduction of this sectionforces is to be accomplished by: first, “seniority” shall mean the length layoff of continuous servicetemporary, including approved leaves of absenceless than one-half (1/2) time employees and provisional employees; second, regular part-time and then those full-time employees with the SMCPS since least amount of seniority, except whose special skills cannot be replaced by a more senior employee. Regular full-time employees subject to layoff may elect to displace a junior employee in another classification at the most recent date same or lower level, providing that said senior employee has the training and experience to perform the work available. Notice of hireelection to displace must be made within one (1) calendar week after notification of reduction in forces. In Notwithstanding the above, in the event of a reduction layoffs in force within the maintenance department, custodian positions shall be laid off before any building maintenance worker position, which positions will assume custodial duties. 5.02 Recall shall be by first recalling those employee(s) with the most service in the department, including reinstatement to former positions of those employees who elected to displace junior employees in an employment equivalent or lower classification, as listed on providing that they possess the “Schedule skills to perform the work that is available. It is further provided that any recalled employee upon proper notification must report to work within (10) calendar days after said notification, by certified mail, to the last known address. Failure to do so will result in loss of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall all seniority. 5.03 Recall lists of said employees, seniority laid off employees shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights maintained for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the one (unit member1) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offercalendar year. It shall be the responsibility of each laid-off unit member employee's obligation to keep notify the County Personnel Department of Human Resources informed any new address prior to the issuance of recall notice in writing of any change in address. A unit member shall remain on order to avoid removal from the recall list for three yearslist. d. Unit members on leave 5.04 If an employee requests a voluntary layoff, it may be granted in accordance with seniority providing that in the opinion of absence shall the Administrator, service to the patients will not be eligible for layoff as though they were in active servicejeopardized. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Working Agreement

Layoffs. A. A layoff shall be considered an involuntary separation from service or reduction in hours or profile based on a lack of work or lack of funds determined by the Governing Board. B. The District shall provide CSEA with a list of the proposed layoffs, including FTE’s of affected classifications, within five (5) business days after the Board has determined to lay off CSEA members. C. After the Board has taken action on the layoff(s) CSEA may exercise its right to demand to bargain the effects of those layoffs with the District. Any demand by CSEA will be in writing. The District acknowledges that it is obligated by law to fully negotiate the decision and effects of any proposed reduction of hours to classified personnel with CSEA prior to the implementation of any reduction. D. The District shall notify the least senior bargaining unit member in each classification in writing a minimum of sixty (60) calendar days prior to the effective date of the layoff except in the event of an actual and existing financial inability to pay salaries to Classified bargaining unit members or for causes not foreseeable or preventable by the Governing Board, where less than sixty (60) days notice may be given. 1. A written notice of layoff shall be either personally served upon or sent by certified mail to the last address given the District by the bargaining unit member. The notice shall contain: a. The reason for the layoff (lack of work and/or lack of funds) and its effective date b. The bargaining unit member's bumping rights, if any c. The bargaining unit member's re-employment rights E. For the purposes of this sectionlayoff, “seniority” seniority shall mean be defined as hire date within the length current job classification plus any time spent in an equal or higher classifications. Bargaining unit members shall not be allowed to accrue seniority while on any form of continuous service, including approved leaves of absence, with unpaid leave or while he/she is on the SMCPS since medical re-employment list and the most recent seniority date of hireshall be adjusted accordingly. In the event that two (2) or more bargaining unit members have the same amount of a reduction in force within an employment classificationseniority as defined above, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority following tie-breaker shall be used: 1. Date of hire in the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service District as a unit member of CSEA. “Member of CSEA” means holding any classification included in the SMCPSbargaining unit. They shall be notified of recall For these purposes, all time spent in any classification currently represented by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writingCSEA, which must be received within the Department of Human Resources but prior to CSEA being elected as the close exclusive representative qualifies as being a “Member of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three yearsCSEA. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For a) The Employer shall notify the purposes Guild in writing at least ninety (90) days prior to any proposed layoff to reduce the force, specifying the job title and number of this sectionemployees. During the first two-weeks of that notice period, “seniority” the Employer will meet with Guild representatives and provide the economic justification for the layoff. Loss of project- specific grant funding shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hirebe cause for economic justification. In the event of The Employer and Guild will discuss possible alternatives to a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority force. b) Layoffs shall be made in the determining factor among qualified unit members inverse order of seniority in the classification by department. An employee who could be trained within forty-five (45) days to do the job of a less senior employee in the same department shall be moved into that position and the less senior employee laid off. Further, an employee who is notified of layoff and who has held a previous position in a different department, may bump a less senior employee in that classificationposition. Unit members Employees notified of layoff also may fill any vacant bargaining unit position for which they meet the minimum job qualifications or could be trained within forty-five (45) calendar days to carry out the position duties. An employee promoted or transferred under this Article shall retain recall rights for have a trial period of three yearsninety (90) calendar days which may be extended by agreement with the Guild. The Employer's evaluation of the employee shall be discussed with the employee at least forty-five (45) calendar days before the end of the trial period. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off c) Employees shall be recalled in order of the length of total satisfactory service as placed upon a unit member in the SMCPSrehiring list for two (2) years. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writingThe Employer, before filling a vacancy for which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each a laid-off unit member to keep employee is qualified, shall notify the Department of Human Resources informed in writing of any change in laid off- employee(s) by mail and/or email at the employee’s last known address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.If within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For Section 20.01 Layoffs due to retrenchment or curtailment in operations by the purposes Company shall be in inverse order of seniority within each Job Classification. The Company will provide the Union with sixty (60) days advance notice of major technological changes and/or changes in methods of operations which will have an affect on bargaining unit work force levels. Section 20.02 Layoffs under this sectionArticle may, “seniority” at the discretion of the Company, be confined to one or more Job Classifications. Layoffs need not apply to all Job Classifications at the same time, but contract workers in any Job Classification shall mean be laid off before any employees in that Job Classification. Occasional, Temporary, Part-Time and Regular Part-Time employees will be laid off in the length order stated prior to the lay-off of continuous service, including approved leaves of absence, with any regular full time employee in that Job Classification. It is further agreed that employees in the SMCPS since Central Office Attendant job classification will be placed on layoff prior to any force reduction in the most recent date of hireNetwork Technician job classification. In the event of a reduction pending layoff, the Company will provide the Union and employees affected by layoff with thirty (30) days advance notice of the layoff. Senior unaffected employees will be permitted to volunteer for layoff and multiple requests will be granted in force within an descending seniority order. During this thirty (30) day period, the Company will attempt to provide employment opportunities to employees who have received layoff notices, provided they are qualified to perform the job duties because of training or previous work experience. In lieu of such notice, the employee will be paid four (4) weeks' pay at the employee's basic weekly wage rate in addition to the employee's allotted severance allowance. Section 20.03 An employee who is about to be laid off may request a transfer to another job in 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 EIR. b. Transfers may only occur on a lateral or downward basis as determined by the maximum wage rates for the wage schedules involved. c. The transferring employee has had previously recognized experience in Embarq in the job to be filled and was fulfilling the basic requirements of the job when he/she previously vacated the position. A senior employee in the Customer Service Technician I job classification may displace a less senior employee in the Business Communication Technician I job classification. A senior employee in the Field Engineer job classification may displace a less senior employee in the Facilities Layout Technician job classification. A senior employee may displace a less senior employee in the Central Office Attendant, Coin Collector, Custodian, Material Handler or Premise Installer classification, provided the employee is capable of performing the job duties without physical restriction. A senior employee may also displace a less senior employee in the Business Office Clerk, Plant Clerk or Service Center Clerk job classification provided the employee is capable of performing the job and meets the qualifications for the position as listed on indicated in the “Schedule Job Posting Appendix. A senior employee in the Equipment Installer job classification may displace a less senior employee in the Network Technician job classification. A senior employee in the IS Technical Services Technician job classification may displace a less senior employee in the Business Communications Technician job classification. A senior employee in the Customer Services Technician II or Business Communications Technician job classification may displace a less senior employee in the Customer Services Technician I job classification. A senior employee in the Cable Splicer job classification may displace a less senior employee in the Lineworker job classification, providing they meet the provisions of Classifications” under Article 1120.03d. d. The transferring employee can perform, Xxxxxxin the judgment of the Company, and/or Article 1the basic requirements for competence in the job without formal training or physical restriction. e. In all cases, Recognition, 1.2 Definitions or the recall of said employees, seniority most senior employee requesting transfer must displace the least senior employee in the occupational classification to which he/she is requesting transfer. Multiple requests to displace the same incumbent shall be granted on a seniority basis, providing all elements of Section 20.03 are met by all employees requesting transfers. f. Employees affected by work force reduction who elect not to transfer, shall be separated without loss of recall rights or severance pay. g. Employees requesting transfer in order to avoid work force reduction must provide written notification of their intent to the determining factor among qualified unit members Company within five (5) calendar days following the work force reduction notification. Management shall review their request to determine 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, may not elect to transfer after the expiration of the five (5) calendar day decision period specified in this section. h. Employees who are displaced will be given notice as specified in Article XX and may, if applicable, exercise their transfer rights under the provision of this policy. i. Employees, who are displaced from a job classification where subcontractors are being utilized, will be retained on a temporary basis during their recall period as long as contractors are being utilized in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may Section 20.04 Reinstatement shall be offered within each Job Classification before new employees are hired in such Job Classification. The Company will offer reinstatement to those employees who were laid off because in each Job Classification, or who were designated for layoff and were transferred from that job classification through a job bid following a layoff announcement in the inverse order of seniority in which they were designated for layoff. Refusal by an employee to accept reinstatement to the pre-layoff position will relieve the Company of the obligation to offer such future reinstatement to that employee. Section 20.05 The Company shall send a certified letter of availability to employees due for reinstatement under the provisions of this Article. The letter shall be mailed to the employee's last known address. Any such laid off employee must respond and be available for work performed by non- unit memberswithin fourteen (14) days after the mailing of notification; otherwise, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close of business on the fifteenth day or it shall be deemed that they to have declined refused reemployment, and the offerCompany's obligation under this Article shall be terminated. There will be a fifteen (15) month time limit on the period of recall for laid off employees. It shall be the responsibility of each laid-the laid off unit member employee to keep inform the Department Company of Human Resources informed in writing change of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued sick leave days will be restored to all Former employees who return are not subject to recall under this Section may apply for employment with the BoardCompany. When an opening occurs, former employees will be given special consideration for reemployment, based on qualifications. Section 20.06 Regular full-time and regular part-time employees laid off under this Article shall receive a layoff allowance computed on the employee's regular rate of pay as follows:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For In the purposes event layoffs (reduction in force) are made pursuant to Article 3 of this sectionAgreement, “seniority” such layoffs shall mean be based on the length inverse order of continuous service, including approved leaves of absence, seniority as provided in the Fire Department seniority list. Dismissals hereunder shall be on a classification seniority basis so that employees with the SMCPS since least seniority shall be laid off first. Provided however that employees laid off in the most recent classifications of Fire Captain, Fire Engineer, and Fire Investigator II and I shall have the right to "bump" employees in the lower classification having less seniority and in which such Fire Captain, Fire Engineer, and Fire Investigator II and I had held status; and provided further that employees laid off in the classifications of Senior Fire Prevention Officer and Fire Prevention Officer I/II shall have the right to "bump" employees in the Fire Prevention classifications having less seniority and in which such Senior Fire Prevention Officer or Fire Prevention Officer I/II had held status. Classification seniority for the purpose of bumping shall be based on the date of hireappointment to the lower classification to which an employee has bumping rights. For those classifications which have flexible staffing as defined in the Civil Service Rules and provided for in the classification specifications, classification seniority shall be defined as the effective date of probationary appointment to the lowest classification in the classification series. No employee shall have bumping rights into a classification from which he/she has been demoted. An employee who bumps to a lower classification shall be assigned to a fire station as determined by Fire Administration. b. An employee may accept layoff in lieu of the opportunity to bump by notifying the Office of Labor Relations within forty-eight (48) hours of receiving notice of layoff. Where the employee accepts a layoff in lieu of a bump, said employee shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off. c. In the event of a reduction layoff, the City shall send by certified mail a layoff notice to all affected employee(s). Such notice shall be postmarked at least fourteen (14) calendar days in force within an employment classification, as listed advance of the effective date of layoff. Such layoff notice shall be mailed to the employee's address currently printed on the “Schedule employee's paycheck and shall be deemed appropriate notice. The employee(s) who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of Classifications” under this Article 11in the same manner as all other employees. However, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions the employee who is on sick leave or injury-on-duty status on the date of the layoff notice shall not be laid off or downgraded until the employee returns to work; except that the effective date for recall of said employees, seniority purposes shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period date of three yearslayoff as stated on the layoff notice. b. In the event that unit members may be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been d. Employees laid off shall be paid sick leave, vacation, holiday accrual, longevity, and similar benefits per applicable ordinances and rules. Employees being recalled who received a sick leave payoff at the time of layoff, shall have the uncompensated portion of their sick leave balance restored; provided, however, that only those sick leave hours accrued after recall shall be applied to sick leave payoff related to a subsequent termination. Employees laid off who are enrolled in order City insurance programs may continue elected coverage limited to the City's medical and dental plans for a period up to six (6) months by advanced personal remittance for each month's total premium for the cost of such coverage at the length time of total satisfactory service as layoff. e. When vacancies occur within five (5) years thereafter, such reduced and/or laid off employees shall be given the opportunity to be rehired or advanced to their former classification from the established layoff eligibility list on the basis of seniority and prior to the employment of any new employees; provided, however, that such reduced or laid off employees meet the physical and other qualifying standards in effect at the time they had been previously appointed to the classification into which they seek to be returned. When a unit member recall list exists and an employee is on a reinstatement list due to a medical leave of absence, the employee will be merged with employees on the established layoff eligibility list based upon seniority. If any such reduced or laid off employees fail to report for duty within thirty (30) days after the mailing to him/her of a written notice by registered mail to the last known address, he/she shall lose his/her right to be rehired or advanced hereunder. f. Employees who are laid off in the SMCPSclassifications of Fire Captain, Fire Engineer, Fire Investigator I and II, Senior Fire Prevention Officer, Fire Prevention Officer I and II, and Firefighter shall have a physical examination prior to, or at the time of layoff, and upon his/her recall, if in excess of six (6) months. They If the employee's physical condition at the time of layoff is such that it does not require termination or retirement, the employee being recalled shall be notified meet the same physical condition which he/she was in, as judged by a physical examination, at the time of recall layoff. The employee laid off or recalled may appeal any adverse decision by certified mail. Within 15 days of an offer presenting to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close written opinion of business on another physician which contradicts the fifteenth day or it findings and conclusions of the City physician. The cost of this second medical report shall be deemed that they have declined borne entirely by the offeremployee. It shall be the responsibility Upon receipt of each laid-off unit member to keep a timely appeal in proper form, the Department of Human Resources informed in writing shall refer the matter to a third physician mutually agreed upon by the employee and the Department of Human Resources. The decision of the third physician shall be final and binding. The cost of the third medical examination shall be borne by the City. The Director of Human Resources may, upon recommendation of any change of the above-mentioned physicians, grant a reasonable period in addresswhich to clear up, cure, or remove any condition which is temporary or curable in nature. g. An employee who voluntarily demotes shall have no bumping or recall rights to the classification from which he/she demoted. h. A probationary Firefighter who is recalled within six (6) months from the date of layoff shall be required to serve the balance of the probationary period. A unit member probationary Firefighter who is recalled between six (6) months and twenty-four (24) months from the date of layoff shall remain on be required to serve the recall list for three yearsbalance of the probationary period or a six (6) month probationary period, whichever is greater. A probationary Firefighter who is recalled between twenty-four (24) months and within five (5) years from the date of layoff shall be required to serve a new probationary period of twelve (12) months. d. Unit members on leave i. Probationary employees in the classifications of absence Fire Captain or Fire Engineer who are laid off or downgraded in lieu of layoff shall be eligible for layoff recalled the same as though they were permanent career employees in active servicethe classification, pursuant to subsection (e) above. e. j. When a laid off or downgraded probationary employee in the classification of Fire Captain or Fire Engineer is recalled to the classification from which he/she was laid off, if the employee is recalled within six (6) months from the date of layoff, he/she shall be required to serve the balance of the probationary period; if recalled between six (6) months and twenty-four (24) months from the date of layoff, he/she shall be required to serve the balance of the probationary period or three (3) months, whichever is greater; and if recalled between twenty-four (24) months and within five (5) years from the date of layoff, he/she shall be required to serve a new probationary period of six (6) months. k. The Board will continue coverage for three months after City or the first effective day of a layoff Union shall have the right, at any time during the regular percentage of premium split defined in Article 9 term of this Agreement, to initiate discussions on possible alternatives to layoff to correct any adverse impact a proposed layoff would have on minorities and women employees in the Unit. If such discussions are initiated but the parties fail to reach agreement. Health care coverage thereafter would be provided under COBRA regulations with , the present layoff procedure shall continue in full premium costs being paid by the former (laid off) employee to SMCPSforce and effect. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. A. It is recognized that the School Board is responsible for determining the educational needs of the School District and retains the right to layoff professional employees from its staff. B. If a layoff in staff is necessitated, then the following guidelines shall apply: 1. The positions and number of position’s to be affected shall be identified by the School Board. 2. Layoffs will first be accomplished by attrition. 3. The order in which additional layoffs shall occur will be based upon seniority within areas of certification. Seniority shall be defined as the total number of years a bargaining unit member has been certified in a particular area while employed in Goffstown so long as said bargaining unit member has taught in the area of certification within the past 5 school years. (This 5 year limitation shall not be applied in cases of involuntary transfer from one area of certification to another.) For the purposes of this sectionArticle, “seniority” the least senior professional employee within that area of certification shall mean the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hire. In the event of a reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because first. The parties agree that the individual laid off, if certified in another area, shall have the right to assume the position of work performed by non- unit members, a less senior person within the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit memberssame area of certification. c. When positions 4. Notwithstanding paragraph 3 above, a less senior employee may be retained in their classification become vacantthe affected position if the School Board can demonstrate by a clear and, nonprobationary unit members who have been laid off convincing standard that the less senior employee is substantially better qualified for that position, or performing at a substantially higher level in that position. C. Professional employees shall be recalled in reverse order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received layoff for any open position within the Department of Human Resources prior to certification area which the close of business on the fifteenth day or it shall be deemed that they have declined the offerlayoff occurred. 1. It shall be the responsibility of each laidLaid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence employees shall be eligible for layoff as though they were in active servicerecall for a two-year period following their final date of employment. e. The Board will continue coverage 2. Employees shall be responsible for three months after notifying the first effective day Superintendent in writing of a layoff at their current address. Recall notices shall be mailed certified, return receipt requested, to the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPScurrent address on file. f. Previously 3. Employees shall have ten (10) days to respond to any recall notice. The response shall be in writing, mailed certified, return receipt requested. Refusal to accept recall shall result in relinquishing all rights under this Article. 4. No new professional employee shall be hired for any vacancy within a certification area while there are laid-off personnel from those certification areas to fill those positions. 5. An employee who accepts recall shall retain all previous seniority and any accrued sick leave days will be restored to all employees who return to employment with the Boardbenefits.

Appears in 1 contract

Samples: Master Agreement

Layoffs. a. The purpose of seniority is to provide a declared policy as to the order of layoff and recall of employees. If an employee's position is eliminated or the hours are reduced, the employee, if qualified, shall have the right to (in this order): (a) fill any vacant position in the employee's classification and shift (A-, B-, or C-shift) at the time the employee is displaced. (b) If there are no vacant positions, the employee will have the right to displace the least senior employee in the same classification and shift. (c) If there are no employees in the same classification and shift with less seniority, the employee will havethe right to displace the least senior employee in the next lower classification and/or shift. (d) If the employee who is proposed for layoff based on the above process is not the least senior custodianon the master seniority list, he/she will displace the least senior employee (excluding BGT and A shift lead custodians) on the master seniority list, regardless of shift. (e) Senior employee, regardless of hours, shall have the right to bump a less senior employee provided they are qualified. Both parties agree to define the B shift and C shift in accordance with Section 4.2 without regard to days of the week. The regular A shift is a Monday through Friday schedule. The irregular A shift is any other combination ofscheduled workdays. There is no 'regular' vs. 'irregular' differentiation for B or C shifts. In no event will an employee displace another employee with greater seniority. Classifications are defined as, Lead Building and Grounds Technician, Building and Grounds Technician, Lead Custodian, Custodian. For the purposes of this sectionlayoff, “seniority” shall mean the length descending order of continuous serviceclassifications and shifts is: Lead Building and Grounds Technician Building and Grounds Technician Lead Custodian - A shift Lead Custodian - B shift Custodian -A shift, including approved leaves Regular Schedule Custodian - A shift, Irregular Schedule Custodian - B shift Custodian - C shift A displaced Lead Custodian - A Shift may elect to displace an A shift custodian in lieu of absencea B shift custodian. Any displaced custodian may elect layoff in lieu of exercising his/her seniority rights. Reductions in the Buildings and Grounds Technician classification will be made based on qualifications. The rateof pay of displaced Building and Grounds Technicians will be frozen at the rate of pay that they earned as a Building and Grounds Technician until such time that their pay in the new classification exceeds their Buildings and Grounds Technician salary. If a new Building and Grounds Technician position becomes available within eighteen (18) months of layoff, the most senior displaced Building and Grounds Technician will be recalled to the new position. For a period of eighteen (18) months from the date of layoff, if any opening occurs in the School District, the employee with the SMCPS since most seniority shall have first choice to be rehired if the most recent date position is at or lower than the employee's previous classification. Failure to accept a recall within ten (10) working days of hirereceipt of the certified mail recall notice shall result in loss of seniority rights and termination of employment. For recall purposes, seniority shall be determined by total service within the School District's Custodial Bargaining Unit. In the event of a reduction in force within an employment classificationduplicate hiring dates, as listed the date on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or original School District employment form shall determine seniority. The employee with the recall of said employees, seniority oldest employment form date shall be considered to have the determining factor among qualified unit members in that classificationgreatest seniority. Unit members shall retain recall rights Before any layoff, position elimination or reduction and before any recall, the Employer will meet with the Union Xxxxxxx to review the process. In addition, a laid off employee will be given the option of additional summer casual hours, subject to continued School District funding for a such summer employment. A custodian on layoff accepting summer casual work will receive the probationary rate of pay and may not accrue additional vacation or sick leave. Such employees shallcontinue to receive the regular School District contribution for health, dental and life insurance during the two (2)month period of three years. b. In summer employment. Effective upon the event that unit members may date of layoff, vacation balances will be laid off because of work performed by non- unit members, the Board agrees to notify EASMC and explore any alternative and consider any EASMC proposals so as to minimize the effect on unit members. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the (unit member) employee shall provide written notice of acceptance in writing, which must be received within the Department of Human Resources prior paid to the close of business employee on the fifteenth day or it shall be deemed that they have declined the offer. It shall be the responsibility of each laid-off unit member to keep the Department of Human Resources informed in writing of any change in address. A unit member shall remain on the recall list for three years. d. Unit members on leave of absence shall be eligible for layoff as though they were in active service. e. The Board will continue coverage for three months after the first effective day of a layoff at the regular percentage of premium split defined in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations with the full premium costs being paid by the former (laid off) employee to SMCPS. f. Previously accrued and sick leave days balances will be restored to all employees who return to employment with frozen until such time as the Boardemployee accepts a regular assignment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a. For A. If it becomes necessary to reduce the purposes number of this sectionemployees in a classification due to lack of work or lack of funds, “seniority” shall mean or any other reason set forth in R.C. 3319.17, the length of continuous service, including approved leaves of absence, with the SMCPS since the most recent date of hirefollowing procedures will be followed. 1. In the event of a reduction Reduction in force within an employment classification, as listed on the “Schedule of Classifications” under Article 11, Xxxxxx, and/or Article 1, Recognition, 1.2 Definitions or the recall of said employees, seniority shall be the determining factor among qualified unit members in that classification. Unit members shall retain recall rights for a period of three years. b. In the event that unit members may be laid off because of work performed by non- unit membersForce, the Board agrees will not utilize temporary workers to notify EASMC and explore supplant any alternative and consider any EASMC proposals so as employees affected by the layoff. Temporary workers will be used only to minimize the effect on unit memberssupplement duties in present job classifications. c. When positions in their classification become vacant, nonprobationary unit members who have been laid off shall 2. Affected employees will be recalled in order of the length of total satisfactory service as a unit member in the SMCPS. They shall be notified of recall by certified mail. Within 15 days of an offer to return to employment the given at least twenty (unit member20) employee shall provide written calendar days’ notice of acceptance in writing, which must be received within the Department of Human Resources prior to the close reduction. Within the twenty (20) calendar day period, anyone choosing to bump must notify the Superintendent within three (3) work days of business on receiving their notice. Reduction in the fifteenth day or it affected classification shall be deemed by the least senior employee(s) (using classification seniority). 3. Any employee(s) being reduced may bump within their current classification or into a position that they have declined previously held in a different classification providing they are still qualified. They may bump anyone holding a position that has less classification seniority than they have, with the offer. It shall be same number of hours - or closest to the responsibility same number of each laid-off unit member to keep hours if the Department of Human Resources informed same is not available in writing of any change in address. A unit member shall remain on the recall list for three yearstheir current classification or previously held classification/position. d. Unit members on 4. Classification Seniority shall run continuous in previously held positions for Reduction In Force for the bumping procedure. 5. Anyone bumped may likewise be permitted to bump, first within their current classification, then in any previously held classification/position. When a leave of absence is granted, an employee shall not lose his/her seniority rights. All leaves of absence shall be eligible for layoff as though they were in active servicerecorded at the Superintendent’s office and copies of these records will be furnished to OAPSE, except that the term of the leave shall not be added to accumulated seniority. e. The Board will continue coverage for three months after B. A regular employee under contract upon being laid-off due to the first effective day of a layoff at the regular percentage of premium split defined reduction in Article 9 of this agreement. Health care coverage thereafter would be provided under COBRA regulations force, must leave his/her address with the full premium costs being paid Superintendent’s office and in the event of recall the Superintendent’s office shall notify each such employee when similar work is available. Notice will be sent to last known address. All employees laid-off must be called back in accordance with their classification seniority. This also applies to recalls within the whole system. After the bidding process for vacant positions is exhausted, the unfilled vacancies shall be offered to all laid off employees, if qualified. The recall right is for two (2) calendar years and failure of the employee to respond to the recall notice within fourteen (14) calendar days when notified shall void all employees rights for reemployment. C. The service records of any employee working under this Agreement may be checked by the former (laid off) employee to SMCPSOAPSE President, Vice President or Chairman of the negotiating committee, with approval of the employee. f. Previously accrued sick leave days will be restored to all employees who return to employment with the Board.

Appears in 1 contract

Samples: Negotiated Agreement

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