Common use of Layoffs Clause in Contracts

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 3 contracts

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

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Layoffs. ‌‌ (A) Layoffs and displacements may occur as SECTION 1 When the Employer determines that a result of lack of funds and/or lack of work long-term layoff or job abolishment or job redesign. In any such eventis necessary, layoff and recall will be the Employer shall notify the affected employees fourteen (14) days in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu advance of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a the layoff whenever sufficient time permits or earlier whenever 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. This statement 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 determine in which work divisions and assignments layoffs or job abolishments will explain the reason and justification for such layoff or displacementoccur. Employees will be laid off within that division and assignment beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off. All temporary, intermittent, probationary, and permanent part-time employees, 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 the five (5) calendar days following receipt by personal service or certified mail delivery in which to exercise his right to appeal bump the procedural aspects 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 or displacement affecting a position. An employee who bumps pursuant to this article shall be paid at the Civil Service Commissionrate of the assignment he bumps into. SECTION 4 Employees who are laid off shall be placed on a recall list for a period of eighteen (C18) Whenever months. Employees on a recall list shall be 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 reduction recall, employees shall be recalled, in the workforceinverse order of their layoff, permanent employees who have passed their initial probationary period are to the last to be same assignment from which they were laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit firstoff, provided they meet are presently qualified to perform the qualification contained in work of the job description for the positionassignment to which they are recalled. SECTION 5 In the case of a long-term layoff, the recalled employee shall have seven (D7) If calendar days following the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all date of the qualifications required for mailing by certified mail of the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date recall notice to notify the other party Employer of their objection. The parties agree his intention to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees return to work with CODE and shall have ten (10) calendar days following the mailing date of the recall notice in which to minimize any layoff of CODE membersreport for duty, unless a later date for returning to work is otherwise specified in the notice.

Appears in 3 contracts

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

Layoffs. A. The Employer will notify the Union and affected employees in writing of economic layoffs at least thirty days before layoffs take place, and the Employer agrees to actively explore with the Union all economic alternatives to the proposed layoffs. If after full exploration of the alternatives the Employer determines to exercise economic layoffs, the Employer will first observe Xxxxxxx and Officer seniority preferences and will then use affirmative action and seniority criteria in determining Staff layoffs. X. XXXXXXX & OFFICER SENIORITY: On request of the local, no more than two (A2) Layoffs elected Shop Stewards will be given preference at the time when layoffs take place. One elected Local Officer, upon request of the Local, will be given seniority preference at the time when layoffs take place in the Station in which he/she is employed. No more than three Stewards and displacements may occur Officers shall be subject to this provision. C. If Employer determines economic layoffs in the bargaining unit are unavoidable and proposes to the Union that pay reductions be implemented to deal with the financial problems, and if employees agree to such a proposal, the Employer agrees to reduce station Management salaries by the same percentage as a result Union Staff salaries. Management salaries shall not increase until the conditions of lack of funds and/or lack of work or job abolishment or job redesign. In economic layoff are no longer in effect. D. If the Union determines to grieve any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with it shall do so by filing a copy of the “Layoff Statement of Rationale” at least 30 written grievance within three days prior to after the effective date of a layoff whenever sufficient time permits the layoffs. Any such grievance shall be initiated at Step 2 of the grievance procedure. Employer will give individuals thirty days notice of layoffs or earlier whenever possible. This statement will explain the reason and justification for in lieu of such layoff or displacement. Employees have the right notice, thirty days pay. X. Xxxx-off Paid Staff are entitled to appeal the procedural aspects of layoff or displacement continue health benefits at no cost to the Civil Service CommissionStaff person for 3 (three) months, or until other comparable part time or full time employment is found, whichever occurs first. Health benefits may continue for up to 18 (eighteen) months from termination at the expense of the laid-off Paid Staff person. SECTION XVII RECALL A. Before hiring new employees covered by this Collective Bargaining Agreement, the Employer shall recall all employees on layoff within the previous one year from the work area in which the vacancy exists in order of their seniority. Employer will make every effort to recall employees into their former jobs. (C) Whenever there is B. The laid-off employees shall be responsible for keeping the Union and/or Employer informed in writing of his/her current address. If within ten days of receipt of a reduction mailgram to return to work, such laid-off employees have not informed the station Management in writing of her/his intent to accept the workforcerecall, permanent employees who have passed their initial probationary period are Management shall deem the last person to be laid off in a classification within their employing unitno longer available. StudentsAfter informing the Station Manager of his/her intention to return to work, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than shall do so within 16 days of receipt of recall notice. Failing to observe the above time limitations, such employee shall forfeit all rights to any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displacedEmployer. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 2 contracts

Samples: Union Contract, Union Contract

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) A. The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is word "layoff'' means a reduction in the workforceworking force. B. If it becomes necessary for a layoff, permanent employees who have passed their initial probationary period are the last to following procedure will be mandatory. Temporary and seasonal will be laid off first. Probationary Employees within the affected seniority group will be second, then, other Employees in a classification the group by lowest to highest seniority. A qualified seniority Employee will have bumping rights within their employing unither/his seniority group first. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are If the laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit firstEmployee is unable to exercise seniority in her/his own seniority group, provided they meet the qualification contained she/he may then displace an Employee with lesser seniority in the job description for other seniority group, if minimum qualifications are met and she/he can perform the position. work in the other seniority group. Bumping must be requested in writing at least five (D5) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 calendar days from the effective date of layoff. In no instance shall the Employer be obligated to notify the other party promote an Employee instead of their objectionlaying off said Employee. C. Employees to be laid off for an indefinite period of time will have at least seven (7) calendar days' notice of layoff. The parties agree Chapter Chair of the Local Union shall receive a list from the Township of the Employees being laid off on the same date the notices are issued to meet and conferEmployees. D. An Employee's seniority shall accrue during layoff. Any deviation from state law During a layoff, no fringe benefits will accrue to the employee except that the period of the layoff will be effected added to the employee's years of service when calculating longevity upon a return to work. In no event shall a layoff exceed two (2) years. In the event an employee is not recalled to work within two (2) years from the date of layoff his/her employment will be terminated. Thirty (30) days prior to the employee losing seniority the Employer will send by a Memorandum of Understandingcertified mail notice that he/she will lose seniority and will be terminated. If no agreement can be reachedthe Employee wished to reimburse the pension fund for the contribution the Township would have made (except for the layoff) during the period of layoff, then state law prevailsretirement benefits shall accrue for the layoff period. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and E. No regular full-time Employee shall be laid off while temporary or seasonal Employees remain working in the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE memberssame seniority group.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. Two (2) week's notice of layoff shall be given to the employee(s) so affected and to the Union. Should it become necessary to layoff employees, the State will make every reasonable effort to place these employees in comparable vacant positions within State service. If such placements are not available, the affected personnel shall be placed on a preferential re- employment list. An employee whose job has been abolished and/or who has been laid-off shall have the right to bump as follows: 1) A laid off employee must bump the least senior employee on his/her shift, in his/her individual unit, and in his/her status. (AFor the purposes of Article 10.6 status means full time or part time.) Layoffs and displacements If there is no such employee: 2) A laid off employee may occur elect any of the following options within their individual unit: a) Bump least senior employee on the same shift other status b) Bump least senior employee on other shifts same status c) Bump least senior employee on other shifts other status. If there is no such employee, the procedures in 10.6(3) shall apply. 3) A laid off employee may elect any of the following options: a) Bump least senior member of the bargaining unit same shift other status b) Bump least senior member of the bargaining unit on the other shifts same status c) Bump least senior member of the bargaining unit on the other shifts other status. d) Bump the least senior member of the bargaining unit same shift same status A bumped employee shall have the same rights as a result of lack of funds and/or lack of work or job abolishment or job redesignlaid off employee. In any such event, layoff and recall will be Laid off employees who have permanent status in more than one classification shall exercise bumping rights in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission ruleforegoing first using their primary classification. If they are unable to bump using primary classification, except as they may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction exercise bumping rights in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee accordance with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of foregoing using their objectionsecondary classification. The parties agree to meet make expedited arbitration without going through grievance procedure, the exclusive procedure for resolving disputes over layoff, bumping and conferrecall. Any deviation from state law will be effected by a Memorandum Individual units shall be: Division of Understanding. If no agreement can be reachedDevelopmental Disabilities, then state law prevails. (G) The City agrees to provide CODE representatives a minimum Xxxxxxxxx Hospital, Veteran's Home, URI, RIC, CCRI, Department of sixty (60) days notice Human Services, and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff Department of CODE membersEducation.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Layoffs. ‌ (A) Layoffs and displacements A department head may occur as a result lay off an employee in the service to the Town by reason of lack of funds and/or lack shortage of work and/or funds abolition of the positions, other material changes in the organization, or job abolishment or job redesignfor other reasons beyond the employee's control and which do not reflect discredit upon the service of an employee. In A department head shall give written notice to the employee of any such event, proposed layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to reasons therefore two weeks before the effective date of the action. A copy of such notice shall be filed with the Town Administrator and a layoff whenever sufficient copy shall be filed in the employee's personnel folder. An employee who is laid off shall be considered a priority part-time permits or earlier whenever possibleemployee and shall be afforded the opportunity to fill open shifts which develop within the regular schedule before such opportunity is offered to other employees, subject to departmental rules and regulations and provisions of this contract relating to the amount of time an employee may work within a 24-hour period and other applicable provisions. This statement will explain priority status shall be granted during the reason and justification period of an employee's layoff until such employee has worked a total of 40 hours per week at which time, for such layoff or displacementthe remainder of that week, open shift assignments shall be filled pursuant to the rotational system described elsewhere within this contract. Employees have Nothing in this provision shall be interpreted to force the employer to fill all open shifts and, in fact, the right of the employer to appeal leave open shifts unfilled for economic or other reasons is specifically recognized. In the procedural aspects of layoff event that two or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time more employees are laid off before fullthe opportunity for priority assignments shall be rotated among those employees. Layoffs shall be in the order of reverse seniority among bargaining unit members. Layoffs shall be considered temporary for a period of 12 months during which time laid off employees shall have a right of recall should regular employment become available within the bargaining unit. After 12 months a layoff shall be considered permanent and an employee shall have no such right of recall. Further, after a period of 12 months the employees’ right for priority treatment for the assignment of open shifts shall terminate as the employee shall no longer be considered a police officer for the Town of Goffstown. Employees shall be recalled in the reverse order of layoff. To be eligible for recall or for part-time employeesemployment as described above employees shall maintain all necessary certifications and shall, further, keep the employer fully advised of their current address and telephone number. Employees displaced or designated for a layoff A laid off employee being offered the opportunity to fill an open shift must respond immediately and affirmatively upon being contacted by the employer. Failure to do so will fill existing vacancies within the employing unit first, provided they meet the qualification contained result in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all forfeiture of the qualifications required for the position pursuant right to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation payfill that specific shift. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10that the employer is unable to reach the employee after a reasonable effort, the changes shall become a part of this Agreement unless CODE or employer may offer the City objects. In that event, CODE and the City have fourteen 14 days from the effective date open shift to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsanother employee. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs If the procedure set forth in Section 19.01 does not satisfy the surplus condition the Company may move to layoff. The Company will discuss with the Union the plan for the declared surplus following the Company’s written notice. The force adjustment procedures herein shall not preclude limited, mutually agreed upon Union- Management modifications. Any such modifications will apply on a one-time basis and displacements may occur will not serve as a result precedent for other current or future force surplus adjustment procedures. Absent an alternative agreement, work force adjustments shall be made as provided in this section: The Company will provide the Union with a complete listing by State of lack all covered employees, noting their job title, seniority, location and where the reductions are needed, before instituting such layoffs. a. Prior to any layoffs, all vendors and outside contractors of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall the Company will be removed from the AT&T Project in accordance with the Ohio Revised Code §124.32 affected job titles, and any applicable Civil Service Commission rule, except as may subsequently all Temporary employees will be superseded or amended hereafter. In lieu of separated from the payroll before regular employees are laid off. b. If the above does not relieve the conditions requiring layoffs, transfers to vacant positions between employing units the Company will be made whenever possiblesolicit and consider volunteers in seniority order within the impacted State(s) and line of business over a six (6) working day period. (B) The City will provide CODE with a copy of c. If the “Layoff Statement of Rationale” at least 30 days prior to above does not relieve the effective date of a conditions requiring layoffs, the Company shall layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before regular full-time employeesemployees by inverse order of seniority by job title within the affected Local Union's jurisdiction within each State. Part-time Senior Facility Engineers, Lead Engineers and Facility Engineers, and Facility Mechanic/Trainee(s) shall be considered employees of the same combined job title, independent of Building Automation Specialists. d. Once all placements to open positions and volunteers for layoff have been identified, the most senior impacted employee and any less senior employees within the State will then have the ability to bump in seniority order into any of the remaining open positions within their State, less those assigned to TSO facilities who are not directly impacted by the layoff, or elect to volunteer for layoff at that time. These impacted employees will be provided a list of available positions and will be given six (6) working days to rank their choices, to which they will be placed in seniority order. Employees who select positions outside of a commutable distance (35 miles) from their current home must be prepared to relocate as needed and will be provided the relocation benefits outlined in Article XXI. Senior Engineers will be allowed to retain their title and pay level in their new assignment. Lead Engineers will be allowed to retain their pay level, but as a Senior Engineer. e. Any employee in the service of the Employer continuously for one (1) year or more who is laid off before full-time employeesdue to job elimination, technological improvements or the closing of a building shall have the option of receiving a severance allowance of one week's pay for each full year of Company service to a maximum of seven (7) week’s pay. Employees displaced or designated Accepted volunteers under Section 19.02 (b) will also be eligible for a layoff will fill existing vacancies within the employing unit firstthis severance allowance. Upon acceptance of severance pay, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate shall be deemed to have waived all future rights of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee employment with the fewest retention points employer and shall be terminated. The Company will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the consider volunteers by seniority before moving to layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. Employees who promoted from AFSCME into a CODE classification may displace (“bump”) a less senior AFSCME employee if: 1. They were promoted out of AFSCME within the last 48 months, and 2. They meet the qualifications for the position. Those employees who have been promoted out of AFSCME for more than 48 months cannot “bump” an AFSCME-Division 1 employee, but can fill any vacant position at the same or lower level citywide based on retention points, provided the employee meets the qualifications contained in the job description for the position. Employees who are relocated into Division 1 classification series employment positions as a result of layoff or displacement will be granted no greater entitlement with regard to any future layoffs or displacement. In no case will an employee “bump” another employee with more retention points. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will shall be in accordance with straight classification seniority for all personnel classified above "Custodian" except that an employee laid off within such classifications shall immediately exercise their general seniority to secure a position in another classification in the Ohio Revised Code §124.32 district. Layoffs of "Custodial" personnel shall be in accordance with general seniority only. Employees laid off shall not use the occasion of such layoff to bump into a higher classification for which they may otherwise be qualified. An employee laid off may elect not to use their general seniority and any applicable Civil Service Commission rulemay instead accept such layoff and shall be recalled when the first vacancy is available in the classification from which the employee was laid off. An employee accepting such layoff may, except as may after thirty (30) calendar days elect to be superseded or amended hereafterplaced on the general layoff list and the employee shall then be recalled to the first vacancy for which the employee is qualified, however, the employee shall not be recalled if a qualified employee with greater general seniority is available. When adding to the work force, the reverse order of layoff will be followed. Employees laid off from a classification shall be the first to fill subsequent vacancies in that classification without regard to the bid procedure until all employees on layoff, if available, have been recalled before new employees are hired. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforceany event, permanent employees who have passed their initial probationary period are the last expected to be laid off in will be given a minimum advance notice of ten (10) working days. Employees returning from a layoff status shall have continuous general and classification within their employing unitseniority from date of layoff until date returned. Students, emergency employees, seasonal, provisional and permanent employees Employees laid off who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within accumulated sick leave shall have the same employing unit and number of sick leave days credited, upon their return as they had accumulated at the same or lower rate time of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesignSection 1. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is When a reduction in the workforceworking force of the business, permanent professional or paraprofessional staff becomes necessary, the following procedures shall be followed: A. If the reduction occurs in the business or paraprofessional category, layoffs will be made within the classification of the category where the reduction occurs pursuant to the following order: 1) Temporary employees who have passed their initial probationary period are in the last to affected classification will be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent first. 2) Probationary employees who have not passed their initial probation are will be laid off before next, provided the remaining employees in the classification can satisfactorily perform the work and are willing to work the schedules to be maintained by the Employer post layoff. 3) Part-time and full-time employees. Part-time employees are will be laid off before full-time employees. Employees displaced or designated for next on the basis of seniority, provided the remaining employees in the classification can satisfactorily perform the work and are willing to work the schedules to be maintained by the Employer post layoff. 4) The laid off employee shall be given the option of bumping into a layoff will fill existing vacancies different classification within the employing unit first, business or paraprofessional category provided they meet the qualification contained in the job description are qualified for the position. 5) An employee must bump the lowest seniority employee in the classification except a full- time employee can bump the lowest senior full-time employee. And in addition an employee who was hired or voluntarily transferred into a position with a schedule which was not established under Article 12, Section 1 (DE) can bump the lowest senior employee in a position with a schedule which was not established under that section. A vacant position is considered “lowest senior” for purposes of this article. If there is more than one (1) vacant position available for bumping under this Article, and for which the laid off employee is qualified, the employee shall be given her/his choice of vacant positions. B. If the reduction occurs in the professional category, layoffs will be made within the program where the reduction occurs, pursuant to the following order: 1) Temporary employees in the affected program will be laid off first. 2) Probationary employees will be laid off next, provided the remaining employees in the program can satisfactorily perform the work and are willing to work the schedules to be maintained by the Employer post layoff. 3) Part-time and full-time employees will be laid off next on the basis of seniority, provided the remaining employees in the program can satisfactorily perform the work and are willing to work the schedules to be maintained by the Employer post layoff. 4) A laid off employee whose position has been eliminated has more retention points than shall have the option of bumping any other Division 0 employee occupying a position within in another program who has less seniority than the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required laid off employee provided they are qualified for the position pursuant to including the published required degree, credentials and experience as outlined in the most recent job description, then the employee with the fewest retention points will be displacedposting. 5) An employee must bump the lowest senior employee in the program except a full-time employee can bump the lowest senior full-time employee. And in addition an employee who was hired or voluntarily transferred into a position with a schedule which was not established under Article 12, Section 1 (E) When an can bump the lowest senior employee in a position with a schedule which was not established under that section. A vacant position is considered “lowest senior” for purposes of this article. If there is more than one (1) vacant position available in a particular program for bumping under this Article, and for which the laid off employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10qualified, the changes employee shall become a part be given her/his choice of this Agreement unless CODE or the City objects. In vacant positions in that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsprogram . (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result 15.01 When reducing the work force or recalling employees, the same shall be done on the basis of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be seniority in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded 15.02 or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible15.03 whichever is applicable. (Ba) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date Employees who are laid off, because of a layoff whenever sufficient time permits of less than three (3) months shall be entitled to exercise their seniority to retain employment by bumping into a lateral or earlier whenever possible. This statement will explain junior rated position other than in-scope lead position providing, they have the reason and justification for such layoff or displacementnecessary qualifications to do the job being bumped into. Employees will have a time frame of seven (7) days commencing from the notice of layoff to decide whether they want to exercise their right. Employees who accept the layoff will be placed on a layoff list eligible for recall. (b) Upon return to operations, employees who were laid off, including those who bumped, will be recalled to their former position within the three (3) month layoff period. (c) It is understood that this Article does not apply to any casual or seasonal employees. (a) Employees who are laid off, because of a layoff of more than three (3) months shall be entitled to exercise their seniority to retain employment by bumping into any position other than in-scope lead position providing, they have the necessary qualifications to do the job being bumped into. Employees will have a time frame of seven (7) days commencing from the notice of layoff to decide whether they want to exercise their right. Employees who accept the layoff will be placed on a layoff list eligible for recall. (b) Employees who exercised their bumping rights in accordance with 15.03(a) shall have the right to appeal the procedural aspects of layoff be recalled to their former position or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed retain their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the current position. (Dc) If It is understood that this Article does not apply to any casual or seasonal employees 15.04 Employees on layoff shall ensure that the Employer has their current address and telephone number throughout their layoff period. 15.05 When the Employer recalls an employee whose position who has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes it shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date attempt to notify the other party employee by phone. If contact cannot be made by telephone, the Employer shall notify the employee by registered letter addressed to that employee's last known address. Nothing in this Article shall preclude the Employer from filling a vacancy temporarily while waiting for the employee to report to work. If an employee does not report within two (2) weeks, the Employer shall automatically move to the next senior employee. If an employee does not report within two (2) weeks, seniority will be broken and employment terminated. 15.06 The Union and the Employer agree that a reduction in hours could constitute a layoff, however for the purpose of their objectioninvoking the notice provisions in Article 15.07, it is agreed that there would have to be a break in employment of six (6) days. The parties agree Employer also agrees that although pool shutdown does not generally create a break in employment of six (6) days, they will give notice of the date(s) of the pool shutdown to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsall employees at least one (1) month before it is scheduled to occur. 15.07 If an employee, who has been employed for over three (G3) The City agrees calendar months, is to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Furtherbe laid- off, the City agrees to work with CODE to minimize any layoff Employer must give that employee at least: (a) One (1) week written notice or pay in lieu of CODE membersnotice, if his/her period of employment is less than one (1) year, but more than three (3) months; (b) Two (2) weeks written notice or pay in lieu of notice, if his/her period of employment is one (1) year or more, but less than three (3) years; (c) Four (4) weeks written notice or pay in lieu of notice, if his/her period of employment is three (3) years or more, but less than five (5) years; (d) Six (6) weeks written notice or pay in lieu of notice, if his/her period of employment is five (5) years or more, but less than ten (10) years; (e) Eight (8) weeks written notice or pay in lieu of notice, if his/her period of employment is ten (10) years or more. No written notice or pay in lieu of notice is required, if his/her period of employment is less than three (3) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. (i) A layoff is defined as a staff reduction because of position elimination or long-term reduction in hours, or unit closure. DRAFT (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (Fii) In the event of any changes in state law affecting this Article 10a layoff, the changes shall become Medical Center will give employees in the affected job classification the opportunity to be voluntarily laid off. Thereafter, the employee with the least seniority among the employees in the same job classification on the shift in the department affected will be displaced from his/her position. However, a part more senior employee on the affected shift may be displaced out of this Agreement unless CODE seniority if he/she is not qualified to perform the work after the layoff or does not possess special skills required for the City objectsposition which are possessed by a less senior employee(s). In either situation, the displaced employee will then take the position of the least senior regularly scheduled employee on another shift, in the same job classification, and in a position that eventis within .3 FTE of the employee’s then-current FTE provided he/she is qualified to perform the work of that position (the employee whose position is thus taken will become the displaced employee). After such position movement, CODE the remaining displaced employee will be laid off from work. (iii) Employees will be paid severance in accordance with the Medical Center’s policy regarding Severance Pay, as such policy is currently in effect and as it may be amended from time to time in the City have fourteen 14 Medical Center’s discretion provided, however, that the Medical Center will not amend the Severance Pay policy to provide less than seven days’ (pro rata for part-time) severance for regular employees. (iv) At the time employees are given notice that they will be laid off, the Medical Center will give the Union a list of the employees to be laid off, a seniority roster and a list of vacant positions within the bargaining unit (which will include department and unit, FTE, and shift). (v) Recall from lay off to available bargaining unit work will be in the order of laid off employees’ seniority and within the laid off employee’s job classification, provided the employee to be recalled is qualified to perform the work of the recall position. Rights under this paragraph continue until the sooner of (a) twelve (12) months from the date of displacement; or (b) the employee rejects an offer of a position for which he or she is qualified. (vi) An employee may designate shift availability at the time of layoff for the Recall List, in which case he/she will be called only for positions within the employee’s prior classification and preferred shift. (vii) The Medical Center will notify the employee of a position to which the employee may be recalled by registered mail. The employee must accept or reject the position within five calendar days from the effective date the letter is mailed by the Medical Center. If the Medical Center receives no response to notify the other party of their objectionletter, the employee will be deemed to have rejected the position. The parties agree Medical Center will make a good faith reasonable effort to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsidentify on the website those jobs available to employees on layoff. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Prior to a layoff either party may request to meet and discuss alternate solutions which through compromise provide a mutually satisfactory placement of those individuals laid off and which best suits the continued productivity of all areas concerned. If a mutual agreement is not reached on a compromise, the regular procedures outlined in Article 5 - Seniority, and the Supplement to an Agreement will apply. The Company will provide a laid off or displaced employee with a list of jobs on which the employee has displacement rights. Included on this list will be the review dates of employees involved as well as an indication (A*) Layoffs and displacements may occur of any reviews which are not in the normal cycle. Once this list has been provided, upgrades as a result of lack of funds and/or lack of work or job abolishment or job redesignadditional reviews not in the normal cycle will not be approved until required processing has been completed. In any such event, layoff and recall Facilities will be in accordance with the Ohio Revised Code §124.32 provided for a Federation representative and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and conferdiscuss the layoff for a reasonable period of time. Any deviation Apprentice Layoffs - Concerning the procedure for listing apprentices for layoff, Management agrees to list the Apprentice whose job is redundant and re-arrange the listed Apprentice to the work of the most junior Apprentice. Displacement Interviews - In response to concern about proper displacement consideration Management agrees to have an Employee Relations representative attend all displacement interviews. The Company will notify the affected senior employee(s) in the plant when a job opening is filled by a more junior employee from state law the recall or return list. Displacement Failures - Management agrees that an employee with established seniority who fails on a displacement may, only once in connection with circumstances flowing from an original removal due to lack of work, displace the shortest service employee in the lowest classification in the bargaining unit on whose job it is reasonable to expect that she/he will be effected by able to meet the normal requirements of the work. The Company will undertake the following in the situation where an employee's layoff is canceled or extended for more than 30 days: In such cases an employee in process who bypassed this displacement opportunity as a Memorandum result of Understanding. If no agreement can the layoff listing will be reached, then state law prevailsgranted a displacement interview on request. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. (a) In the event of a required reduction in the work force for whatever reason or a reduction in an employee’s regularly scheduled hours by more than a cumulative total of five (5) hours per week within the past 12 months, the Employer will, before the commencement of the notice period referred to herein, meet with the Labour Management Committee to discuss the method of implementation including the areas of cutback, the employees to be affected and alternatives to lay-offs. (Ab) Layoffs and displacements may occur as a result Where there is no specific term of lack of funds and/or lack of work or job abolishment or job redesign. In any such eventemployment, layoff and recall the Employer will give all employees who are to be laid off notice in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission ruleprovisions of the Employment Standards Act, except 2000 as may amended from time to time, or pay in lieu thereof. The Union shall also be superseded or amended hereafter. In lieu provided notice equivalent to that of layoffs, transfers to vacant positions between employing units will be made whenever possiblethe affected employees. (Bc) An employee declared surplus as the result of a work force reduction for whatever reason may elect to claim another position based on their seniority at the same or lower paying classification in the bargaining unit provided the surplus employee has the qualifications, ability, training and capability to perform the job being claimed. The City will provide CODE with a copy surplus employee shall inform the Employer of their decision within five (5) working days of the “Layoff Statement receipt of Rationale” at least 30 days prior notice of layoff whether they choose to exercise their bumping rights or to accept the layoff. The Employer shall respond to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason surplus employee’s decision and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service CommissionUnion within five (5) working days. The surplus employee exercising this right will be placed at the same step of the wage grid that applies to that position as she/he was at in the surplus position. If that rate is lower than the employee’s current rate, the employee shall be red-circled at their current rate of pay. (Cd) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the An employee whose position has been eliminated claimed by the above process shall be entitled to exercise similar bumping rights, if applicable, or be laid off to await recall as provided hereafter. An Employee in receipt of a layoff notice may: (i) Elect to bump an Employee with less seniority provided the Employee exercising such right has more retention points than any other Division 0 employee occupying a position within the same employing unit qualifications, skill and at ability necessary to perform the same or lower rate of pay but in a different classification series, and otherwise meets all normal requirements of the qualifications required for job of the position pursuant Employee being bumped. An Employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with the layoff provisions of this Agreement; (ii) Elect to accept layoff and maintain recall rights, subject to the published job description, then the employee with the fewest retention points will be displaced.terms of this Agreement; or; (Eiii) When an employee is laid offProvided there are qualified Employees available to fill the vacancy created in the Agency, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In in the event of any changes a layoff, shall offer Employees in state law affecting this Article 10, the changes shall become a part order of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and seniority the opportunity for input if CODE positions are considered for elimination. Furtherto accept a layoff, relinquish recall rights and accept a separation allowance in accordance with the City agrees to work with CODE to minimize any layoff of CODE membersEmployment Standards Act, 2000, as amended.

Appears in 1 contract

Samples: Collective Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. In no case will an employee “bump” another employee with more retention points. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs 12.01 It is understood and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesignagreed that no training is to take effect during the bumping period. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date case of a layoff whenever sufficient time permits from the bargaining unit or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right a recall of an employee with seniority to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction position in the workforcebargaining unit, permanent seniority shall govern as between all individual employees who have passed their initial probationary period are so long as the last senior employee is qualified and able to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within perform satisfactorily the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and work which is available at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant applicable to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation payjob. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10layoff, the changes shall become Press Operators or Collator Operators will be given the opportunity to bump into Offline Applications Operator, Nipson and Diecutter, provided they are able to perform satisfactorily the key responsibilities and duties of the job within a part of this Agreement unless CODE or the City objects. In that event, CODE (2) two calendar week orientation and the City have fourteen 14 days familiarization period from the effective start date of the job. If a laid off employee is unable to notify perform satisfactorily the other party key responsibilities and duties of the job of a displaced employee within the above (2) two calendar week period, then that employee will be laid off without the opportunity to exercise his/her seniority rights. 12.02 The employee whose job is being eliminated, and who has the seniority and qualifications to replace another employee, must replace the lowest seniority employee in the department (Preliminary, Manufacturing, Maintenance, Materials, Coater). That employee who has been bumped will then replace the lowest seniority employee in the department (Preliminary, Manufacturing, Maintenance, Materials, Coater). That employee will then replace the lowest seniority employee in the plant for which the more senior employee is qualified. That employee will then replace the lowest seniority employee in the plant in a job for which the more senior employee is qualified. Those employees working in the "Hub" may not bump employees in the manufacturing departments noted above, except when layoff is for a period of greater than 14 days. 12.03 In the event of layoffs, Union Committee members will be retained in their respective Zones, regardless of their objectionseniority, as long as they can perform the work that remains in the Zone. The parties agree to meet and confer. Any deviation from state law Union Chairperson will be effected by a Memorandum of Understanding. If no agreement the last employee in the bargaining unit to be laid off, as long as he/she can be reached, then state law prevailsperform the available work. (G) The City agrees to provide CODE representatives a minimum 12.04 All temporary employees and students will be laid off first, in the event of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE memberslayoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (Aa) Layoffs and displacements may occur as a result When layoffs (reductions in force) of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers employees are to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy in any unit, the Company, in its sole discretion, shall determine the number of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unitat each office. Students, emergency If such layoff shall be confined solely to temporary employees, seasonal, provisional and permanent employees who the Company shall have not passed their initial probation are laid off before full-time the absolute right of selection among such employees. Part-time If such layoff shall involve both temporary and regular employees, the Company shall lay off all temporary employees are laid at such office and then lay off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit firstregular employees at such office in inverse order of Unit Seniority, provided they meet the qualification contained as defined in the job description for the positionSection 11.3 of this Article. (Db) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying Similarly, if a position within the same employing unit and layoff shall involve only regular employees, such layoff shall proceed in inverse order of Unit Seniority at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displacedsuch office. (Ec) When The Company shall not be required to transfer employees between offices in the event of a layoff. (d) Any regular employee who has accrued less than five (5) years of Unit Seniority or any vacation relief employee who is laid off shall receive two (2) weeks' written notice of such layoff or two (2) weeks' pay in lieu of such notice. Any regular employee who has accrued five (5) or more years of Unit Seniority who is laid off shall receive three (3) weeks' pay in lieu of such notice. Notice of layoff or pay in lieu of such notice shall be in addition to any severance, vacation or holiday pay to which an employee may be entitled upon such layoff pursuant to this Agreement. Such notice shall include the date of layoff and the number of payback days and vacation days, if any, due to the employee. In the event notice is given to the employee as provided above, a copy thereof shall be sent to the Union. (e) In the event a regular employee is laid off and returns to the Unit within the applicable period specified in Section 11.7, the employee's seniority for all purposes upon returning shall be that which he or she had on the date of such layoff. (f) In the event a temporary employee is laid off and returns to the Unit within one (l) year, the employee's seniority for all purposes upon returning shall consist of all accumulated time worked for the Company in the Unit, which was separated by intervals of less than one (l) year. (g) The Company will give to each employee who is laid off, he or she will receive all wages due includingand who has rehiring rights, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event a copy of any changes in state law affecting this Article 10, the changes shall become a part Section 11.7 of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsAgreement. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. Employees will be provided with at least seven (7) calendar days’ notice (or pay-in-lieu-of-notice) in connection with any layoff in excess of thirty (30) days. The Company will also provide notice to the Union, including the reason for the layoff and the job classifications and employees affected. (Aa) Layoffs All layoffs will be conducted by job classification and displacements may occur the Company will only consider those employees within the affected job classification when determining which employees will be laid off. (b) All probationary employees in an affected job classification will be reassigned, laid off or discharged before any employee with seniority is displaced. (c) Seniority shall be the major factor considered by the Company to determine the order of layoffs. However, skill and ability to perform the work will be given consideration. (d) The intent during reductions-in-force is to place employees with a minimum amount of displacement and disruption. Employees who are displaced from their job classification as a result of lack a reduction-in-force may, in lieu of funds and/or lack layoff, be reassigned to any vacant position in the Erie Plant for which they are qualified. When such transfers are implemented in lieu of work or job abolishment or job redesign. In any such eventlayoff, layoff and recall a reasonable training period will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafterallowed. In lieu of layoffs, transfers to vacant positions between employing units Every effort will be made whenever possibleto transfer employees affected by reductions-in-force to vacant job classifications having an equal wage rate. (Be) The City will provide CODE with a copy layoff procedure does not apply to short-term layoffs. Short-term layoffs of the “Layoff Statement of Rationale” at least 30 less than thirty (30) days prior may be implemented in any job classification without regard to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commissionseniority based upon business needs. (Cf) Whenever there is a reduction in the workforce, permanent employees An employee who have passed their initial has completed his or her probationary period are the last to be laid shall have recall rights five (5) years from his or her layoff date. Laid off in employees will experience a classification within loss of seniority once their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who recall rights have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the positionexpired. (Dg) If An employee who is laid off will not be required to reimburse the employee whose position has been eliminated has more retention points than Company for any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay used but in a different classification series, and otherwise meets all of the qualifications required for the position unaccrued vacation pursuant to the published job descriptionArticle XVII, then the employee with the fewest retention points will be displaced. (ESection 1(k) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsAgreement. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur A. A layoff is defined as a result staff reduction because of lack position elimination or long- term reduction in hours, or unit closure. B. In the event of funds and/or lack a layoff, the Medical Center will give employees in the affected job classification the opportunity to be voluntarily laid off. Thereafter, the employee with the least seniority among the employees in the same job classification on the shift in the department affected will be displaced from his/her position. However, a more senior employee on the affected shift may be displaced out of seniority if he/she is not qualified to perform the work after the layoff or job abolishment or job redesigndoes not possess special skills required for the position which are possessed by a less senior employee(s). In any either situation, the displaced employee will then take the position of the least senior regularly scheduled employee on another shift, in the same job classification, and in a position that is within .3 FTE of the employee’s then-current FTE provided he/she is qualified to perform the work of that position (the employee whose position is thus taken will become the displaced employee). After such eventposition movement, layoff and recall the remaining displaced employee will be laid off from work. C. Employees will be paid severance in accordance with the Ohio Revised Code §124.32 Medical Center’s policy regarding Severance Pay, as such policy is currently in effect and any applicable Civil Service Commission rule, except as it may be superseded or amended hereafter. In lieu of layoffsfrom time to time in the Medical Center’s discretion provided, transfers however, that the Medical Center will not amend the Severance Pay policy to vacant positions between employing units provide less than seven days’ (pro rata for part-time) severance for regular employees. D. At the time employees are given notice that they will be made whenever possible. (B) The City laid off, the Medical Center will provide CODE with give the Union a copy list of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off, a seniority roster and a list of vacant positions within the bargaining unit (which will include department and unit, FTE, and shift). X. Xxxxxx from lay off to available bargaining unit work will be in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are the order of laid off before full-time employees. Part-time employees are ’ seniority and within the laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit firstemployee’s job classification, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 to be recalled is qualified to perform the work of the recall position. Rights under this paragraph continue until the sooner of (a) twelve (12) months from the date of displacement; or (b) the employee occupying rejects an offer of a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, which he or she is qualified. F. An employee may designate shift availability at the time of layoff for the Recall List, in which case he/she will receive all wages due including, at be called only for positions within the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoffprior classification and preferred shift. (F) In G. The Medical Center will notify the event employee of any changes in state law affecting this Article 10, a position to which the changes shall become a part of this Agreement unless CODE employee may be recalled by registered mail. The employee must accept or reject the City objects. In that event, CODE and the City have fourteen 14 position within five calendar days from the effective date the letter is mailed by the Medical Center. If the Medical Center receives no response to notify the other party of their objectionletter, the employee will be deemed to have rejected the position. The parties agree Medical Center will make a good faith reasonable effort to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsidentify on the website those jobs available to employees on layoff. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. A. The Employer will notify the Union and affected employees in writing of economic layoffs at least thirty days before layoffs take place, and the Employer agrees to actively explore with the Union all economic alternatives to the proposed layoffs. If after full exploration of the alternatives the Employer determines to exercise economic layoffs, the Employer will first observe Xxxxxxx and Officer seniority preferences and will then use affirmative action and seniority criteria in determining Staff layoffs. X. XXXXXXX & OFFICER SENIORITY: On request of the local, no more than two (A2) Layoffs elected Shop Stewards will be given preference at the time when layoffs take place. One elected Local Officer, upon request of the Local, will be given seniority preference at the time when layoffs take place in the Station in which he/she is employed. No more than three Stewards and displacements may occur Officers shall be subject to this provision. C. If Employer determines economic layoffs in the bargaining unit are unavoidable and proposes to the Union that pay reductions be implemented to deal with the financial problems, and if employees agree to such a proposal, the Employer agrees to reduce station Management salaries by the same percentage as a result Union Staff salaries. Management salaries shall not increase until the conditions of lack of funds and/or lack of work or job abolishment or job redesign. In economic layoff are no longer in effect. D. If the Union determines to grieve any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with it shall do so by filing a copy of the “Layoff Statement of Rationale” at least 30 written grievance within three days prior to after the effective date of a layoff whenever sufficient time permits the layoffs. Any such grievance shall be initiated at Step 2 of the grievance procedure. Employer will give individuals thirty days notice of layoffs or earlier whenever possible. This statement will explain the reason and justification for in lieu of such layoff or displacement. Employees have the right notice, thirty days pay. E. Laid-off Paid Staff are entitled to appeal the procedural aspects of layoff or displacement continue health benefits at no cost to the Civil Service CommissionStaff person for 3 (three) months, or until other comparable part time or full time employment is found, whichever occurs first. Health benefits may continue for up to 18 (eighteen) months from termination at the expense of the laid-off Paid Staff person. SECTION XVII RECALL A. Before hiring new employees covered by this Collective Bargaining Agreement, the Employer shall recall all employees on layoff within the previous one year from the work area in which the vacancy exists in order of their seniority. Employer will make every effort to recall employees into their former jobs. (C) Whenever there is B. The laid-off employees shall be responsible for keeping the Union and/or Employer informed in writing of his/her current address. If within ten days of receipt of a reduction mailgram to return to work, such laid-off employees have not informed the station Management in writing of her/his intent to accept the workforcerecall, permanent employees who have passed their initial probationary period are Management shall deem the last person to be laid off in a classification within their employing unitno longer available. StudentsAfter informing the Station Manager of his/her intention to return to work, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than shall do so within 16 days of receipt of recall notice. Failing to observe the above time limitations, such employee shall forfeit all rights to any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displacedEmployer. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Labor Contract

Layoffs. ‌ (A) Layoffs and displacements may occur This Article does not refer to probationary employees. Non-renewals or failure to be reappointed after an end- date shall be considered a layoff under this Article, but shall not cause a prior notice to be sent to the Union as required for other layoffs. Notice of layoff due to a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will non-renewal shall be in accordance with section 20.9. Employees in Research job titles shall be considered grouped under their principal investigator, unless the Ohio Revised Code §124.32 grant or contract is a program project or Center grant, in which case he/she shall be grouped under the subproject director for consideration of lay off including non-renewals, seniority and any applicable Civil Service Commission rule, except as may be superseded or amended hereafterbumping under Section 20.4. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. At least ten (B10) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date decision by the Health Center administration to reduce staff through layoffs, the Associate Vice President for Human Resources or designee will meet with the President of a layoff whenever sufficient time permits the Union or earlier whenever possibledesignee to discuss the anticipated layoffs. This statement At this meeting, bumping options and/or known vacancy options for each person laid off will explain the reason and justification for such be discussed. Once notified, all employees impacted by layoff or displacementnon- renewal will be scheduled to meet with a Human Resources designee to discuss their rights under this Article. Employees have A union representative may be present at this meeting. 20.1 In all cases requiring the right to appeal the procedural aspects termination of layoff or displacement professional staff, primary consideration shall be given to the Civil Service CommissionHealth Center's responsibility to offer an appropriate range of services and to carry out its mission. (C) Whenever there 20.2 In all cases it is a reduction in understood that layoffs shall be compatible with the workforceHealth Center's affirmative action policies and take into consideration the qualifications of the employees and the needs of the program or grant. Layoff Selection 20.3 When layoff becomes necessary, permanent employees who have passed their initial probationary period are the last Health Center will identify the specific position[s] to be laid off eliminated in a classification within their employing Department. For the purposes of this Article, Department shall be defined as a primary unit. Students, emergency Layoffs shall be done in this manner within two separate categories of employees, seasonal, provisional : those whose assignment authorizations are fifty (50) percent or more and permanent employees who have not passed their initial probation those whose assignment authorizations are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points less than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.fifty

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such eventEmployees on layoff shall be given the option, layoff and recall will be in accordance with their seniority, of accepting employment within their classification in another center in the Ohio Revised Code §124.32 immediate area before new employees are hired. Employees accepting such employment in another center shall be placed at the bottom of the center’s seniority list. When work becomes available on a regular basis in the original center, said employee shall be offered the opportunity of returning to the original center and any applicable Civil Service Commission ruleretaining their original seniority date. In the event no job openings in their classification are available, except as employee(s) on layoff shall be afforded the following two choices, one of which may be superseded or amended hereafter. In lieu exercised at the sole discretion of layoffs, transfers to vacant positions between employing units will be made whenever possiblethe laid off employee. (B1) The City will provide CODE employee on layoff shall be afforded the opportunity to displace the least senior part-time employee within their facility. In this case, the full-time qualified seniority employee shall receive the appropriate part-time daily guarantee at the appropriate part- time rate of pay in accordance with their seniority in addition to maintaining their appropriate full-time benefits. (2) The employee on layoff shall be afforded the opportunity to displace the least senior part-time employee on two (2) separate shifts within their facility and the shifts shall be consecutive when- ever possible. In this case, the full-time qualified seniority employ- ee shall receive the appropriate full-time guarantees at the appropri- ate part-time rate of pay in accordance with their seniority in addition to maintaining their appropriate full-time benefits. The employee, once selecting their layoff option may not change their selection for the duration of that current lay off, except when an employee has been laid off for a copy minimum of four (4) consecu- tive weeks, they shall have a one (1) time opportunity to change their selection for the duration of the “Layoff Statement layoff. Any employee request- ing a change to their layoff choice, shall notify the company, in writing, a minimum of Rationale” at least 30 days one (1) week prior to the effective date start of their new choice. When work becomes available on a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction regular basis in the workforceoriginal center, permanent employees who have passed the employee must return and retains their initial probationary period are original seniority date. Upon request, the last to be Company will provide the Local Union with rel- evant layoff information. Any laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees package car driver or combination employee who have not passed their initial probation are laid off before fullchooses to displace one (1) part-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit firstinside employee shall also be able to exercise their seniority to perform exception air delivery, provided they meet the qualification contained in the job description for the positionare qualified to do so. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: National Master United Parcel Service Agreement

Layoffs. ‌ (A) Layoffs If the procedure set forth in Section 19.01 does not satisfy the surplus condition the Company may move to layoff. The Company will discuss with the Union the plan for the declared surplus following the Company’s written notice. The force adjustment procedures herein shall not preclude limited, mutually agreed upon Union- Management modifications. Any such modifications will apply on a one-time basis and displacements may occur will not serve as a result precedent for other current or future force surplus adjustment procedures. Absent an alternative agreement, work force adjustments shall be made as provided in this section: The Company will provide the Union with a complete listing of lack all covered employees, noting their job title, seniority, location and where the reductions are needed, before instituting such layoffs. a) Prior to any layoffs, all vendors and outside contractors of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall the Company will be removed from the AT&T Project in accordance with the Ohio Revised Code §124.32 affected job titles, and any applicable Civil Service Commission rule, except as may subsequently all temporary employees will be superseded or amended hereafter. In lieu of separated from the payroll before regular employees are laid off. b) If the above does not relieve the conditions requiring layoffs, transfers to vacant positions between employing units the Company will be made whenever possiblesolicit and consider volunteers in seniority order within the impacted State(s) and line of business over a six (6) working day period. (Bc) The City will provide CODE with a copy of If the “Layoff Statement of Rationale” at least 30 days prior to above does not relieve the effective date of a conditions requiring layoffs, the Company shall layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before regular full-time employeesemployees by inverse order of seniority within the affected Local Union's jurisdiction. Part-time Senior Facility Engineers, Lead Engineers, Facility Engineers, and Facility Mechanic/Trainee(s) shall be considered employees of the same combined job title. d) Once all placements to open positions and volunteers for layoff have been identified, the most senior impacted employee and any less senior employees will then have the ability to bump in seniority order into any of the remaining open positions, less those in assigned to TSO facilities who are not directly impacted by the layoff, or elect to volunteer for layoff at that time. These impacted employees will be provided a list of available positions and will be given six (6) working days to rank their choices, to which they will be placed in seniority order. Employees who select positions outside of a commutable distance (35 miles) from their current home must be prepared to relocate as needed and will be provided the relocation benefits outlined in Article XXI. Senior Engineers will be allowed to retain their title and pay level in their new assignment. Lead Engineers will be allowed to retain their pay level, but as a Senior Engineer. e) Any employee in the service of the Employer continuously for one (1) year or more who is laid off before full-time employeesdue to job elimination, technological improvements or the closing of a building shall have the option of receiving a severance allowance of one weeks pay for each full year of Company service to a maximum of seven (7) weeks pay. Employees displaced or designated Accepted volunteers under Section 19.02 (b) will also be eligible for a layoff will fill existing vacancies within the employing unit firstthis severance allowance. Upon acceptance of severance pay, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate shall be deemed to have waived all future rights of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee employment with the fewest retention points employer and shall be terminated. The Company will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the consider volunteers by seniority before moving to layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Layoffs. When lay are to be made, such lay shall proceed within the job classificationaffected in inverse order of seniority. The Company agrees that it shall not consistently schedule overtime in order to bring about or to extend lay Notwithstanding the provisions of Article 16.1: in the event of a lay-off affecting Employees classified as Reporter (ASalary Groups and Employees classified as Operator (Salary Groups as of the date of signing of this Agreement, any such Employee who is given a notice of a lay-off shall have a right to apply seniority to a job where there is reasonable expectation could perform the job satisfactorily after having been given reasonable assistance for not less than sixty (60) Layoffs and displacements may occur calendar days. where a who as of the date of signing this Agreement has accumulated seniority as a result Reporter (Salary Groups 7) or Operator (Salary Groups is given a notice of lack of funds and/or lack of work lay-off may apply seniority to a Reporter job where the seniority was accumulated as a Reporter or job abolishment to an Operatorjob where the seniority was accumulated as an Operator. The Company shall provide notice to a laid off Employee and the Union in advance, or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffssuch notice shall pay the laid off Employee as follows: Length of Service After completion of probation and less than months' service After months' service and less than months' service months' service Notice Required weeks weeks I A laid-off Employee with twelve (12) months or more continuous service may, transfers at discretion, opt to vacant positions between employing units receive severance pay based on three (3) weeks' pay per year of continuous service. A portion of a year shall be calculated on a pro-rata basis. The minimum payment shall be three (3) weeks at basic salary and the maximum payment shall be fifty two (52) weeks at basic salary. Severance payments provided herein shall be deemed to be inclusive of any severance payment required pursuant to law. Where an Employee accepts such severance pay, shall be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement. Where an Employee has the qualifications and seniority required to displace a less senior Employee as set out in Article and notifies the Company within forty-eight (48) hours of receiving a layoff notice that will not be made whenever possible. exercising right to displace a less senior Employee and will not be electing recall, the following shall apply: shall be entitled to one (B1) additional week of severance pay per year of continuous service to a maximum of twelve (12) additional weeks. A portion of a year shall be calculated on a pro-rata basis. Such Employee shall be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement. The City will provide CODE Company shall extend to a laid off Employee with twelve (12) months or more of continuous service, basic medical and dental group benefits coverage for a copy period as follows: three (3) months in the case of an Employee with up to five (5) years of continuous service; six (6) months in the case of an Employee with more than five (5) years of continuous service; During the applicable period the Company shall pay the group benefits premium on behalf of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in Employee. The Company shall be released such obligation if the Employee becomes eligible for said benefits at a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced new place of employment or designated for a layoff will fill existing vacancies is recalled within the employing unit first, provided they meet three (3) or six (6) month period as the qualification contained case may be. An Employee who is reduced classification may displace a less senior Employee in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and classification any salary group at the same or lower rate level by notifying the Company within forty-eight (48) of pay but receiving a displacement or lay-off notice of intention to displace and further provided that: has worked in a different the classification seriesbefore and has completed the probation period for such classification; or has the qualifications, and otherwise meets all as well as the ability, to do the normal requirements of the qualifications required for job within a thirty (30) calendar day trial period. An Employee who displaces a less senior Employee in another job classification and who fails to demonstrate ability to perform in that classification during the position pursuant to thirty (30) day trial period shall be considered laid off effective the published job description, then end of the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, thirty day trial period. Recall rights under Article shall begin at the employee’s option, all accumulated vacation pay. Such payments will be made no later than end of the pay period after the layoffthirty (30) day trial period. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Agreement

Layoffs. Employees will be provided with at least seven (7) calendar days’ notice (or pay-in-lieu-of-notice) in connection with any layoff in excess of thirty (30) days. The Company will also provide notice to the Union, including the reason for the layoff and the job classifications and employees affected. (Aa) Layoffs All layoffs will be conducted by job classification and displacements may occur the Company will only consider those employees within the affected job classification when determining which employees will be laid off. (b) All probationary employees in an affected job classification will be reassigned, laid off or discharged before any employee with seniority is displaced. (c) Seniority shall be the major factor considered by the Company to determine the order of layoffs. However, skill and ability to perform the work will be given consideration. (d) The intent during reductions-in-force is to place employees with a minimum amount of displacement and disruption. Employees who are displaced from their job classification as a result of lack a reduction-in-force may, in lieu of funds and/or lack layoff, be reassigned to any vacant position in the Erie Plant for which they are qualified. When such transfers are implemented in lieu of work or job abolishment or job redesign. In any such eventlayoff, layoff and recall a reasonable training period will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafterallowed. In lieu of layoffs, transfers to vacant positions between employing units Every effort will be made whenever possibleto transfer employees affected by reductions-in-force to vacant job classifications having an equal wage rate. (Be) The City will provide CODE with a copy layoff procedure does not apply to short-term layoffs. Short-term layoffs of the “Layoff Statement of Rationale” at least 30 less than thirty (30) days prior may be implemented in any job classification without regard to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commissionseniority based upon business needs. (Cf) Whenever there is a reduction in the workforce, permanent employees An employee who have passed their initial has completed his or her probationary period are the last to be shall have recall rights five (5) years from his or her layoff date. Laid off employees will experience a loss of seniority once their recall rights have expired. (TA 06/06/23) (g) An employee who is laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have will not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated be required to reimburse the Company for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay used but in a different classification series, and otherwise meets all of the qualifications required for the position unaccrued vacation pursuant to the published job descriptionArticle XVII, then the employee with the fewest retention points will be displaced. (ESection 1(l) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsAgreement. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. A. MICA recognizes the value of retaining qualified Employees and agrees with the Union that retaining them should be a significant factor in deciding how layoffs are managed. A layoff means a termination due to a reduction-in-force, reorganization, change in budget, the termination of College or grant funding, or other extenuating circumstances as declared by the College. A layoff is different than a temporary furlough. The College will notify the Union as soon as practicable before a decision to lay off Employees is implemented and notify the Union in advance of any reorganization or program termination or layoff affecting three (3) or more bargaining unit Employees (or an entire Department or office, regardless of size) and provide an opportunity to discuss how the resulting layoffs will be managed. B. An Employee who is laid off the Employer shall receive at least two (A2) Layoffs weeks’ notices or two (2) weeks of pay in lieu thereof. C. MICA shall determine in which department or division and displacements may in which classification layoffs will occur, based on academic, programmatic, and/or operational needs. Within each department and classification affected, layoffs of bargaining unit employees shall occur based on MICA’s reasonable determination of each individual’s Knowledge, Skills, and Abilities (KSAs) that meet the academic, programmatic, and/or operational need of the department, division or the College, in relation to the employee’s ability to perform the essential functions and responsibilities of the job as a result of lack of funds and/or lack of work or listed in the employee’s job abolishment or job redesigndescription. In any such eventsituations where the individuals in the affected classification are relatively equal, layoff and recall based on the College’s reasonable judgement, in their comparative KSAs, the employees with the least seniority will be laid off first. Upon request, the College will provide information on how the KSAs were evaluated for each employee. D. Seniority shall be defined as an Employee’s length of continuous service at MICA based on date of hire. E. Employees who have received notice of layoff under the provisions of this section shall be eligible for and placed on a list for hiring preference for bargaining unit positions. Laid-off Employees shall receive, for twelve (12) months following the date of notification of layoff, hiring preference for any open bargaining unit positions available elsewhere at the College provided that they apply for the position and indicate their eligibility for hiring preference. 1. In order to facilitate this provision, Employees who have received notice of layoff should create an online profile on MICA’s career site and opt in to receive notification of job postings, until such time as the Employee is hired into a vacant position. 2. The laid off Employee may reapply for any open position(s) through the normal recruiting process. The Employee’s KSAs (Knowledge, Skills, and Abilities) that are relevant to and needed for the position will be taken into account during the application review process and will be given fair and equal consideration as all other candidates. In the event that MICA determines that two or more candidates are equally qualified, preference will be given to the candidate(s) with prior MICA experience. 3. Laid off Employees who receive severance pay may exercise their hiring preference right after the severance period has expired, as described below. F. Employees who are laid off shall be entitled to receive all wages and any other benefits under the Agreement to which the Employee is entitled to by law. These payments and benefits shall be made in accordance with applicable law and the Ohio Revised Code §124.32 Employer’s practices and any applicable Civil Service Commission rule, except as policies. G. Employees may be superseded or amended hereaftereligible for a severance package if laid off under the Article, which is different from a temporary furlough. In lieu of layoffsTo receive a severance package, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE the laid off Employee must sign, not revoke, and comply with a copy of the “Layoff Statement of Rationale” at least 30 days prior full general release and separation agreement in a form provided by MICA, which shall be provided to the effective date Union (with an update if MICA makes any changes to that general release). Severance Package: • The Employee shall receive two (2) weeks of severance for each year of service (up to a layoff whenever sufficient maximum of twenty-six (26) weeks) and less tax withholdings and other customary deductions; • Three months of healthcare, vision and dental coverage or the cash equivalent (based on the Employee’s enrolled insurance level in the qualifying plan(s) at the time permits or earlier whenever possible. This statement will explain the reason of layoff); • Payout for accrued and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects unused vacation; • Six months of layoff or displacement full access to the Civil Service Commission. EAP (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional Employee Assistance Program); and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate • Twelve months of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant continued access to the published job description, then the MICA College store 10% employee with the fewest retention points will be displaceddiscount. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) The District agrees to meet and confer with the appropriate DCU Unions when contemplating establishing a critical specialty classification. This meeting by the District and the DCU shall take place prior to posting. The District agrees to supply to the appropriate DCU Union a list of critical specialty classifications and the specific qualifications and/or experiences necessary for an employee to be placed on the list. The District further agrees to attempt to provide on-the- job training to current senior employees to limit or eliminate exceptions to seniority in the event of layoff. When the District determines it is necessary to add an employee to a critical specialty classification, a present employee who meets the minimum qualifications and/or experience will be added to the list prior to hiring a new employee. Furthermore, when two or more present employees meet the minimum qualifications and/or experience, under these conditions, the most senior employee will be placed last on the list. Layoffs of employees hired prior to April 1, 1996 and displacements may occur as a result of lack of funds and/or lack of work who have subsequently been employed six or job abolishment or job redesign. In any such event, layoff and recall will more consecutive calendar months shall be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission ruleArticle 19 of this Agreement, except for established critical specialty classifications or new critical specialty classifications established in accordance with the above procedure. Such employees’ seniority will be frozen as of that date. Employees hired on or after April 1, 1996, will not gain seniority status, but may be superseded or amended hereafterplaced on critical specialty lists. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be A regular employee laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee accordance with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part 19 of this Agreement unless CODE and is employed elsewhere will not forfeit future recall rights by declining reemployment with the District when the anticipated period of work is less than thirty (30) calendar days. An employee who does return to work for a short-term assignment of less than thirty (30) calendar days will not accrue additional seniority. Maintenance employees who otherwise qualify for the early retiree medical plan in Article 17 must have completed fifteen (15) years of accumulative service with the District if the reason for the breaks in service has been layoff. A worker, who agrees and is designated to be on call during evenings, weekends or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree holidays to meet and confer. Any deviation from state law will be effected by a Memorandum emergency situations, shall receive one (1) hour of Understanding. If no agreement can be reached, then state law prevailspay for each day they are on call. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10a lay-off, if a senior employee wishes to transfer to another job, and the Company feels that their skill, competence, efficiency, reliability and willingness are sufficient to justify the transfer, arrangements for such transfer will be made wherever possible. Employees who have been laid off due to lack of work and subsequently re- employed will have their length of service determined by the actual time they have been on the Company’s payroll, provided such employees return to work when noti- fied, and subject to the conditions of sub- section and below. Employees laid off due to lack of work retain recall rights for a period of twelve months from date of layoff. Provided that, if an employee is off the payroll for a continuous period of twelve months or more by reason of layoff caused by an extended period of depressed business conditions, the changes shall become a part operation of this Agreement clause may be waived on agreement between the Company and the Union. Laid off employees will be recalled as set out in Article Any employee who has been laid off and retains recall who is notified to return to work will lose these recall rights, unless CODE the employee notifies the Company within 5 days that they are intending to return to work, and unless the employee returns to work as soon as pos- sible after receiving notice, and in any event within 7 days after the mailing or the City objectsother communication of such notice. In that eventthe event of a layoff due to lack of work for a continuous period which exceeds twelve months, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law laid-off employee will be effected by terminated and be entitled to sev- erance pay as provided in above. In the hiring of new employees, preference shall be given to those former employees who have had seniority and who have applications for on file. This preference shall be given subject to conditions respecting skill, competence, efficiency, and reliability. Employees that are laid off will be eligible to maintain medical, dental, and life insur- ance coverage while on recall for up to a Memorandum period of Understanding. If no agreement can be reachedsix months after the date of lay- off, then state law prevailsprovided that the employee maintains the employee and company premiums for such coverage. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result When layoffs are to be made, such layoffs shall proceed in inverse order of lack of funds and/or lack of work or Company seniority within job abolishment or functions affected: said job redesign. In any such event, layoff and recall will be functions are listed in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Article Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last about to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees from one job function who have not passed the occupational qualifications in another job function, may apply their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees seniority and revert to such other No employee is to be displaced or designated for by a layoff will fill existing vacancies within more senior employee unless the employing unit first, provided they meet latter possesses the qualification contained in occupational qualifications to perform the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then filled by the employee with less seniority. It is understood and agreed that an employee with the fewest retention points qualifications may require a certain period of familiarization (i.e. four (4) weeks) in the new classifications. The Company advise the employee and the Union at least four (4) weeks in advance of the proposed layoff, or such length of time as prescribed by or in lieu of such notice shall pay the employee laid off four (4) weeks’ salary, plus accrued vacation pay. Employees laid off and deemed terminated pursuant to any statute, will receive severance pay equal to one (1) week’s pay for each year of continuous service, up to a maximum of twelve (12) weeks’ salary. respect to incomplete years, the severance pay shall be displaced. (E) When on a prorated calculated to the nearest month. The severance payment shall be deemed to include any severance required pursuant to any statute. While an employee is laid off, he the Company will continue the group health and benefit paymentsfor the period of lay-off up to a maximum of five (5) months or she will receive all wages due including, until the employee is eligible for benefits at the employee’s optionnew place of employment. Group benefits are defined as health, all accumulated vacation paydental, group life and accidental death and insurance. Such payments will be made no later A job function, as set out in Article and its corresponding'senior" designation shall beconsidered one and the same job function for the purposes of determining seniority in the event of lay-off. Employees who revert to a lower job group at their own request and whose is higher than the maximum of the lower group, shall continue to receive the higher salary which shall be frozen (red-circled) until such time as the salary in the lower rated job reaches the employee's salary and then such employee will proceed on the salary scale in accordance with Article In addition, if the employee's salary is lower than the maximum of the lower group, their salary shall be frozen until their next anniversary date at which time they shall move to the closest higher step on the salary of the lower rated job. PA Employees who bump into a higher group shall be paid at a rate within the new group closest to, but not less than, their rate of pay prior to the bump. When full-time vacancies occur. the Company agrees to recall, in the order of Company seniority, former employees who have been laid off for a period after not exceeding twelve (12) months, provided the employee possesses the occupationalqualifications to fill the vacancy. In addition, employees with one (1) or more years of seniority at the time of the layoff. (F) , shall be entitled to recall for a period of eighteen months the date of layoff provided they notify the Company in writing of their continued desire to be recalled. In the event of any changes in state law affecting this Article 10, that the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE Company and the City Union do not agree on the occupational qualificationsof the employee in the matter will be subject to the grievance procedure. The Company further agrees to give preferentialconsideration to the of such former employees who had at least one (1) year of Company seniority and who have fourteen 14 days from been laid off for a period exceeding eighteen (18) months. An employee who bumped into a lower rated classification in accordance with Article shall retain first recall rights to their previous classification when a vacancy occurs therein. The Company's responsibility will be considered to be fulfilled if the effective date Company gives notice, in writing, by registered mail to the employee's last known address. Employees must notify the other party Company of their objection. The parties agree intention within seven (7) calendar days (excluding Saturday, Sunday, and Employees who are unable to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees return to work with CODE for just and sufficient cause within the said seven calendar days (excluding Saturday, Sunday and Holidays) period, upon presentation of their case to minimize the Union and Company, may retain their seniority and will become the next available employee on the rehiring Notwithstanding Article laid off employees may recall to any layoff part-time work or vacancies and to any work or vacancies in a classification different to the one they held at the time of CODE members.the layoff. Computation of after uninterrupted service In the event employeeswith more than one (1) year’s Company seniority is laid off or transferred to a position within the Company not covered by this Agreement:

Appears in 1 contract

Samples: Collective Agreement

Layoffs. ‌ (A) Layoffs In the event of a layoff, employees shall be laid off in the reverse order of their bargaining unit-wide seniority, provided that an employee may bump a junior employee only in cases where the senior employee is qualified to fill the lower positions. Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the the employee has not had the opportunity to work during the ten days referred to above, he shall be paid for those days for which work was not made available. Employees shall be recalled to positions for which they are qualified, in the of seniority, either bargaining or by branch or by class as the case may be. No new employees shall be hired following a layoff until those who were laid off have been given a reasonable oppor- tunity of recall as follows: The Corporation shall every reasonable attempt to employees in order of seniority, and displacements may occur as a result employees shall be recalled in such order providing that they respond within the stipulated time limits. Upon making contact with an employee, the Corporation shall specify time when the employee shall report for work. An employee who does not respond hours of lack the Corporation's initial attempt contact him or who refuses to report for shall be dropped to the bottom of funds and/or lack the appropriate list for recall. employee shall report to work at the time specified by the Corporation or, in extenuating circumstances, within two weeks of work or job abolishment or job redesignthe Corporation's initial attempt to contact him. In any such event, Each on layoff and recall will be in accordance with responsible for keeping the Ohio Revised Code §124.32 Corporation notified of a current contact point through which he can be reached. An employee shall lose seniority and any applicable Civil Service Commission rule, except as may be superseded or amended hereafterright of recall if continuously laid off from work for a of more than twelve consecutive months. In lieu Rights of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy Promoted Out of the “Layoff Statement Unit In the event of Rationale” an employee being promoted from a position which the Union either had bargaining authority at least 30 days prior the time of the promotion or subsequently obtained bargaining authority, to a position whether included in or excluded from the effective date of Union contract, and such employee being subsequently laid off or demoted to a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain position for which the reason and justification for such layoff or displacement. Employees Union has bargain- ing authority, the Corporation shall have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction place such employee in the workforceposition previously held by him or in any vacant position for which such employee is considered qualified. The employee, permanent employees who have passed their initial probationary period are if so placed as the last to be result of being laid off in a classification within their employing unit. Studentsor demoted, emergency employees, seasonal, provisional shall suffer no loss of seniority and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate such seniority shall be his total length of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee service with the fewest retention points will be displacedCorporation. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Agreement

Layoffs. 27.1 Whenever an employee covered by this Agreement is laid off for lack of work or lack of funds, affected employees shall be given notice of layoff as follows: (A) Layoffs and displacements may occur 27.1.1 When classified positions must be eliminated as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date expiration of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain specially funded program, the reason and justification for such layoff or displacement. Employees have District shall notify the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (Caffected employee(s) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made writing no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE prior to any anticipated layoffs. 27.1.2 When classified positions are considered for elimination. Furthermust be eliminated due to a reduction in services or lack of funds other than those of a specially funded program, the City agrees Superintendent shall notify the affected employee(s) and Board of Trustees in writing not later than March 15th of the college year. The layoff shall proceed in accordance with Education Code Section 88017. 27.1.3 Notice of termination shall be given on or before May 15th of the college year with final notice of the Board’s determination, unless extended by a continuance. The layoff shall be effective the last workday for that position of the college year. If the governing board of the community college does not give notice of termination as required by law, a permanent employee shall be deemed reemployed for the ensuing college year. 27.2 All employees in an acting capacity shall be laid off first before any probationary employees are laid off. 27.3 Any probationary employee who had permanency in another class covered by this Agreement shall be returned to work the class in which permanency was attained, replacing the last person hired in that class with CODE less seniority. All probationary employees in a class shall be laid off before any permanent employee in the class is laid off. 27.4 The order of layoff within the class shall be determined by the total number of hours worked. The employee, who has worked the least number of hours in class, plus higher classes, shall be laid off first. Re-employment shall be in reverse order of layoff so that employees with highest seniority shall be re-hired first. Hours worked shall not be interpreted to minimize mean any service performed prior to entering into probationary status or to any hours worked on over- time. Subsequent layoffs shall continue in that order. 27.5 Employees laid off have displacement rights (which must be calculated for each individual). The first right is to move into the position occupied by the employee with the least seniority in class. If the person laid off is least senior in the affected class, that person may displace into a lower class in which he or she had attained permanency, displacing the least senior in the class. 27.6 A re-employment list shall be established and maintained for thirty-nine (39) months. Names of employees laid off from the District shall be placed on the list in reverse order of layoff. Employees who have accepted voluntary reduction in hours or classification shall have an additional twenty-four (24) months (for a total of sixty-three (63) months) of reemployment rights. 27.7 Employees on the reemployment list must be willing to accept reemployment in class within five (5) days after notification of the offer. If the offer is declined, the next person on the list shall be called. An employee may decline three (3) offers of reemployment. After the third refusal, no additional offers need be made unless the employee requests, in writing, that he or she wishes to be reactivated. 27.8 When an employee accepts reemployment, absence because of layoff of CODE membersshall not constitute a break in service.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. Employees who promoted from AFSCME into a CODE classification may displace (“bump”) a less senior AFSCME employee if: 1. They were promoted out of AFSCME within the last 48 months, and 2. They meet the qualifications for the position. Those employees who have been promoted out of AFSCME for more than 48 months cannot “bump” an AFSCME-Division 1 employee, but can fill any vacant position at the same or lower level citywide based on retention points, provided the employee meets the qualifications contained in the job description for the position. Employees who are relocated into Division 1 classification series employment positions as a result of layoff or displacement will be granted no greater entitlement with regard to any future layoffs or displacement. In no case will an employee “bump” another employee with more retentionpoints. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs 12.01 It is understood and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesignagreed that no training is to take effect during the bumping period. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date case of a layoff whenever sufficient time permits from the bargaining unit or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right a recall of an employee with seniority to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction position in the workforcebargaining unit, permanent seniority shall govern as between all individual employees who have passed their initial probationary period are so long as the last senior employee is qualified and able to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within perform satisfactorily the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and work which is available at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant applicable to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation payjob. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes layoff, the Press Operators or Collator Operators will be given the opportunity to bump into Offline Applications Operator, Nipson and Diecutter, provided they are able to perform satisfactorily the key responsibilities and duties of the job within a (2) two calendar week orientation and familiarization period from the start date of the job. If a laid off employee is unable to perform satisfactorily the key responsibilities and duties of the job of a displaced employee within the above (2) two calendar week period, then that employee will be laid off without the opportunity to exercise his/her seniority rights. 12.02 The employee whose job is being eliminated, and who has the seniority and qualifications to replace another employee, must replace the lowest seniority employee in state law affecting the department (Preliminary, Manufacturing, Maintenance, Materials, Coater). That employee who has been bumped will then replace the lowest seniority employee in the department (Preliminary, Manufacturing, Maintenance, Materials, Coater). That employee will then replace the lowest seniority employee in the plant for which the more senior employee is qualified. That employee will then replace the lowest seniority employee in the plant in a job for which the more senior employee is qualified. Those employees working in the "Hub" may not bump employees in the manufacturing departments noted above, except when layoff is for a period of greater than 14 days. 12.03 In the event of layoffs, Union Committee members will be retained in their respective Zones, regardless of their seniority, as long as they can perform the work that remains in the Zone. The Union Chairperson will be the last employee in the bargaining unit to be laid off, as long as he/she can perform the available work. 12.04 All temporary employees and students will be laid off first, in the event of layoff. 12.05 The Company will not subcontract work to a Non-XX Xxxxxxxxx facility while employees who normally do such work are on layoff, provided, that if such laid-off employees refuse to return to work when called to perform such work, the provisions of this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsvoid. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displacedbedisplaced. In no case will an employee “bump” another employee with more retention points. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs The Company will consult with the Local Union executive with respect to any planned lay-off prior to any discussions with those employees that may be affected. At this meeting the Company shall supply in writing a complete seniority list, names and displacements may occur as a result classifications, of lack of funds and/or lack of work or job abolishment or job redesignthose affected and the reason for lay-off. In any such event, layoff and recall It is understood that this consultation will be in accordance with deemed strictly confidential and as such, the Ohio Revised Code §124.32 and proceedingswill not be disclosed to any applicable Civil Service Commission ruleother individual, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date Company notifying the individual Notice of such meeting shall be a layoff whenever sufficient time permits minimum of eight (48) hours. When lay-offs are to be made, such lay-offs shall proceed in inverse order of Company seniority within those job functions categories affected where the work has been reduced or earlier whenever possible. This statement will explain eliminated; said job functions are listed in Article Notwithstanding the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is foregoing, a reduction more senior employee in the workforce, permanent employees who have passed their initial probationary period are the last a job classification may offer to be laid off in the place of a classification within their employing unitmore junior employee. Students, emergency employees, seasonal, provisional If the offer is accepted by the Company the more senior employee will waive his bumping rights and permanent employees who have not passed their initial probation are will receive the severance provided for in Article or such amount as may be agreed between the employee and the Company. Any employee about to be laid off before full-from one job function who has the necessary qualifications set by the Company for another job function may apply his Company seniority and revert to such other function. No employee is to be displaced by a more senior employee unless the latter possesses the occupational qualifications of the job filled by the employee with less seniority. Employees must declare their intent to bump within seven days of receiving layoff notice or notice they are being bumped. Employees who bump into a lower job group shall be paid at a rate within the new group closest to, but not higher than their rate of pay prior to the bump. Employees who bump into a higher job group shall be paid at a rate within the new group closest to but not less than their rate of pay prior to the bump. Employees who bump into a different classification shall retain recall rights, as set out under Article to their former classification. Laid off employees must declare their intent to bump within days. However, should a bumping opportunity, or job posting arise during the notice period that was not available at the time employeesof declaration, the employee shall retain their right to bump or apply. Part-time employees are The Company shall provide advance written notice of layoff to an affected employee and the Union, or pay in lieu of such notice, in accordance with the following: After Completion of Probation weeks years weeks years weeks Length of Service Notice Required Article shall not be applicable in those instances where an employee is laid off before full(not working for the Company) and is subsequently offered temporary work and upon completion of such, is laid off again. A laid off employee who has completed probationary period may, at any time prior to the expiry of the employee's recall period, receive severance pay in an amount equal to three (3) weeks' pay per year of service, or portion thereof, to a maximum of fifty two (52) weeks. Where an employee accepts severance pay shall be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement. Notwithstanding Article the employee may elect to receive severance pay at any time after the date of layoff, in which case the employee shall be considered terminated and have no further rights of recall. Upon request, an employee shall be paid all vacation pay, banked time off, overtime or any other outstanding monies owing on the last day of work prior to lay-time employeesoff. Employees displaced The Company agrees that it will not consistently schedule overtime in order to affect or designated extend lay-offs. It shall be the intention of the Company to give full consideration for a layoff will fill existing job vacancies within the employing bargaining unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will those employees who are to be displaced. (E) When laid off. While an employee is laid off, he or she the Company will receive all wages due includingcontinue both the employee's and its own portion of the payment of premiums for Medical Services Plan of dental, extended health and group life insurance, at the employee’s option's request for the period of layoff up to a maximum of three (3) months or until the employee is eligible for benefits elsewhere, all accumulated vacation paywhich ever first occurs. Such payments The employee's portion of this cost shall be recoverable by the Company from the employee after has returned to work, and on a basis mutually satisfactory to the Company and the employee. Employees not called back to work prior to the expiry of their recall rights shall have such prepaid expenses deducted from any monies owing to them by the Company. The above mentioned benefits will be extended for a further three (3) months, provided the employee pays the full premium for such coverage in advance to the Company on a monthly basis. If the laid off employee has five (5) or more years of continuous service with the Company as at the day of layoff, they shall be entitled to such payments being made no later than the pay on their behalf for a period after the layoff. of six (F6) In the event months from such date of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE layoff and the City have fourteen 14 days costs thereof shall not be recoverable from by the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsCompany. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Agreement

Layoffs. ‌ (A) Layoffs and displacements may occur as a result 15.01 When reducing the work force or recalling employees, the same shall be done on the basis of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be seniority in accordance with 15.02 or 15.03 whichever is applicable. 15.02 An employee receiving a layoff in excess of three (3) months shall be entitled to exercise his/her seniority and displace a junior employee provided he/she has the Ohio Revised Code §124.32 qualifications, or to accept the layoff and be placed on a layoff list eligible for recall. 15.03 An employee receiving a layoff of less than three (3) months and including the same day shall be entitled to exercise his/her departmental seniority and displace a junior employee provided he/she has the qualifications, or to accept the layoff and be placed on a layoff list eligible for recall. It is understood that this Article does not apply to any applicable Civil Service Commission rulepart-time, except as may casual and seasonal employees. 15.04 Employees on layoff shall ensure that the Employer has their current address and telephone number throughout their layoff period. 15.05 When the Employer recalls an employee who has been laid off, it shall attempt to notify the employee by phone. If contact cannot be superseded or amended hereaftermade by telephone, the Employer shall notify the employee by registered letter addressed to that employee's last known address. In lieu of layoffsNothing in this Article shall preclude the Employer from filling a vacancy temporarily while waiting for the employee to report to work. If an employee does not report within two (2) weeks, transfers the Employer shall automatically move to vacant positions between employing units the next senior employee. If an employee does not report within two (2) weeks, seniority will be made whenever possiblebroken and employment terminated. (B) 15.06 The City will provide CODE with a copy of Union and the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is Employer agree that a reduction in hours could constitute a layoff, however for the workforcepurpose of invoking the notice provisions in Article 15.07, permanent employees who it is agreed that there would have passed their initial probationary period are the last to be laid off a break in employment of six (6) days. The Employer also agrees that although pool shutdown does not generally create a classification within their employing unit. Studentsbreak in employment of six (6) days, emergency employees, seasonal, provisional and permanent they will give notice of the date(s) of the pool shutdown to all employees who have not passed their initial probation are laid off at least one (1) month before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the positionit is scheduled to occur. (D) 15.07 If the employee whose position an employee, who has been eliminated has more retention points than any other Division 0 employed for over three (3) calendar months, is to be laid- off, the Employer must give that employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced.least: (Ea) When an employee One (1) week written notice or pay in lieu of notice, if his/her period of employment is laid offless than one (1) year, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later but more than the pay period after the layoff.three (3) months; (Fb) In the event Two (2) weeks written notice or pay in lieu of any changes in state law affecting this Article 10notice, the changes shall become a part if his/her period of this Agreement unless CODE employment is one (1) year or the City objects. In that eventmore, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails.but less than three (3) years; (Gc) The City agrees to provide CODE representatives a minimum Four (4) weeks written notice or pay in lieu of sixty notice, if his/her period of employment is three (603) days years or more, but less than five (5) years; (d) Six (6) weeks written notice and the opportunity for input or pay in lieu of notice, if CODE positions are considered for eliminationhis/her period of employment is five (5) years or more, but less than ten (10) years; (e) Eight (8) weeks written notice or pay in lieu of notice, if his/her period of employment is ten (10) years or more. FurtherNo written notice or pay in lieu of notice is required, the City agrees to work with CODE to minimize any layoff if his/her period of CODE membersemployment is less than three (3) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. (Ai) Layoffs and displacements may occur A layoff is defined as a result staff reduction because of lack of funds and/or lack of work position elimination or job abolishment long-term reduction in hours, or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possibleunit closure. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (Fii) In the event of any changes in state law affecting this Article 10a layoff, the changes shall become Medical Center will give employees in the affected job classification the opportunity to be voluntarily laid off. Thereafter, the employee with the least seniority among the employees in the same job classification on the shift in the department affected will be displaced from his/her position. However, a part more senior employee on the affected shift may be displaced out of this Agreement unless CODE seniority if he/she is not qualified to perform the work after the layoff or does not possess special skills required for the City objectsposition which are possessed by a less senior employee(s). In either situation, the displaced employee will then take the position of the least senior regularly scheduled employee on another shift, in the same job classification, and in a position that eventis within .3 FTE of the employee’s then-current FTE provided he/she is qualified to perform the work of that position (the employee whose position is thus taken will become the displaced employee). After such position movement, CODE the remaining displaced employee will be laid off from work. (iii) Employees will be paid severance in accordance with the Medical Center’s policy regarding Severance Pay, as such policy is currently in effect and as it may be amended from time to time in the City have fourteen 14 Medical Center’s discretion provided, however, that the Medical Center will not amend the Severance Pay policy to provide less than seven days’ (pro rata for part-time) severance for regular employees. (iv) At the time employees are given notice that they will be laid off, the Medical Center will give the Union a list of the employees to be laid off, a seniority roster and a list of vacant positions within the bargaining unit (which will include department and unit, FTE, and shift). (v) Recall from lay off to available bargaining unit work will be in the order of laid off employees’ seniority and within the laid off employee’s job classification, provided the employee to be recalled is qualified to perform the work of the recall position. Rights under this paragraph continue until the sooner of (a) twelve (12) months from the date of displacement; or (b) the employee rejects an offer of a position for which he or she is qualified. (vi) An employee may designate shift availability at the time of layoff for the Recall List, in which case he/she will be called only for positions within the employee’s prior classification and preferred shift. (vii) The Medical Center will notify the employee of a position to which the employee may be recalled by registered mail. The employee must accept or reject the position within five calendar days from the effective date the letter is mailed by the Medical Center. If the Medical Center receives no response to notify the other party of their objectionletter, the employee will be deemed to have rejected the position. The parties agree Medical Center will make a good faith reasonable effort to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevailsidentify on the website those jobs available to employees on layoff. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. ‌ (A) Layoffs A. Repair at its sole discretion shall determine the activities, operations, or duties to be discontinued or curtailed and displacements may occur as a result the number and classification of employees to be laid off because of lack of funds and/or work, economic reasons, operational change, or change in programmatic priorities. Repair must give 60 days’ notice to the Guild of any planned layoffs, except in the event of unforeseeable business circumstances or natural disasters, in which case Repair shall give at least 14 days’ notice. B. No layoffs shall be permitted under this agreement for any reason other than the reasons listed above. C. If the reason for the layoff is due to a lack of work work, operational change, or job abolishment or job redesign. In any such eventchange in programmatic priorities, layoff and recall the Guild will be notified of any vacancies in accordance the bargaining unit. Provided that an application is submitted within the first seven (7) days of notification to the Guild, individuals in the terminated positions will be guaranteed a first-round interview. Qualified internal candidates with the Ohio Revised Code §124.32 no discipline in their file will be accepted over outside candidates and any applicable Civil Service Commission rulein order of seniority. D. The decision of Repair with respect to which employees will be retained or laid off shall be based on location, except as may role, department, programmatic priorities, and operational needs. All other factors being equal, priority will be superseded or amended hereafter. In lieu given by seniority. E. Seniority means length of continuous employment. F. Upon notification of planned layoffs, transfers the Guild will have the opportunity to vacant positions between employing units will propose alternatives to mitigate the number of dismissals. Any alternatives from the Guild must be made whenever possibleprovided within 21 days after notification. (B) The City will provide CODE with a copy of G. Prior to any layoff Repair shall accept voluntary resignations from employees in the “Layoff Statement of Rationale” at least 30 positions involved after the layoffs are announced up until 7 days prior to before the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacementlayoff. Employees have who voluntarily resign shall be paid the right amount of severance pay as provided in this Agreement. H. A dismissed employee shall be placed on a hiring list for up to appeal two years. Repair will notify laid off employees of any job opening in the procedural aspects bargaining unit. Provided that an application is submitted within the first seven (7) days of layoff or displacement notification, individuals on the hiring list will be guaranteed a first-round interview. Qualified candidates on the hiring list with no discipline in their file at the time of termination will be accepted over outside candidates and in order of seniority. The notification of open positions shall be transmitted by email to the Civil Service Commission. (C) Whenever there is employee's last known email address, with a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant copy to the published job description, then the employee with the fewest retention points will be displacedGuild. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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