Common use of Layoffs Clause in Contracts

Layoffs. a) The Employer decides when a lay off is necessary, and which classifications and positions will be affected. Layoffs may be determined necessary because of budget adjustments or reallocations, a modification of position workloads, or elimination of or change in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training and ability to perform the work remaining are equal, the Employer will follow these priorities for reduction in force: 1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For twelve (12) months following the effective date of layoff, a unit member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall in the same position at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months shall not be considered to have suffered a break in service for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirements. h) For twelve (12) months following the effective date of layoff, a unit member on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equal. i) In the event of layoffs, the President shall establish a recall list and supply it and any changes to the local NSCPA President. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 7 contracts

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

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Layoffs. a) The Employer decides when a lay off is necessarySECTION 1. If layoffs are carried out, and which classifications and positions will be affected. Layoffs may be determined necessary because of budget adjustments or reallocations, a modification of position workloads, or elimination of or change in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training and ability to perform the work remaining are equal, the Employer will follow these priorities for reduction in force: 1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For twelve (12) months following the effective date of layoff, a unit affected member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall the opportunity to transfer to other positions, in the following order: (a) First, to vacant positions for which s/he is certified. (b) Second, to a position occupied by a bargaining unit member not employed on the date this Agreement is agreed upon, provided the teacher to be transferred is certified for such position. (c) Third, to any other position within the bargaining unit for which s/he is certified. (d) Teachers offered a transfer under one of the above orders of priority shall have a right to choose in order of seniority, among positions available in the same position at order or priority. An affected member's refusal to accept a proper offer to transfer under the College should an opportunity ariseabove conditions shall result in her/his loss of any further right to transfer. SECTION 2. The unit member shall receive the same salary which was received at the time provisions of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months this Article shall not be considered construed to have suffered permit layoffs or transfers which would: (a) Deprive any bargaining unit members of tenure or other rights to continued employment; (b) Result in a break non-tenured teacher displacing a tenured teacher; (c) Result in service the layoff or displacement of a more senior teacher in favor of a less senior teacher unless said more senior teacher fails to possess the special qualifications required for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirementsposition in question. h(d) For twelve Result in the assignment of a teacher to a position which requires special qualifications which such teacher does not possess. SECTION 3. If any member of the bargaining unit is laid off due to elimination of position, such member shall possess recall rights for a period of two (122) months years following the effective date end of layoffthe school year in which the layoff occurs. Members on layoff with recall rights shall be recalled in order of seniority to a vacant position for which they are certified before any new employee is hired into such position. If a laid-off member refuses recall to any such position, a unit member s/he shall be retained on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equallist. i) SECTION 4. In the event of elimination of positions, resulting in the layoff, transfer or subsequent recall of members of the bargaining unit, the Board will discuss with the Federation the special qualifications, if any, which are required of the affected positions before action is taken. SECTION 5. The Board shall notify the Federation as soon as practicable of proposed elimination of positions under special fund programs. The Federation will be given a list of all layoffs, the President shall establish a recall list transfers and supply it and any changes to the local NSCPA Presidentrecalls resulting from this provision. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 3 contracts

Samples: Staffing Flexibility Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. a) The Employer decides when a lay off is necessarySECTION 1. If layoffs are carried out, and which classifications and positions will be affected. Layoffs may be determined necessary because of budget adjustments or reallocations, a modification of position workloads, or elimination of or change in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training and ability to perform the work remaining are equal, the Employer will follow these priorities for reduction in force: 1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For twelve (12) months following the effective date of layoff, a unit affected member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall the opportunity to transfer to other positions, in the following order: (a) First, to vacant positions for which the teacher is certified. (b) Second, to a position occupied by a bargaining unit member not employed on the date this Agreement is agreed upon, provided the teacher to be transferred is certified for such position. (c) Third, to any other position within the bargaining unit for which the teacher is certified. (d) Teachers offered a transfer under one of the above orders of priority shall have a right to choose in order of seniority, among positions available in the same position at order or priority. An affected member's refusal to accept a proper offer to transfer under the College should an opportunity ariseabove conditions shall result in their loss of any further right to transfer. SECTION 2. The unit member shall receive the same salary which was received at the time provisions of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months this Article shall not be considered construed to have suffered permit layoffs or transfers which would: (a) Deprive any bargaining unit members of tenure or other rights to continued employment; (b) Result in a break non-tenured teacher displacing a tenured teacher; (c) Result in service the layoff or displacement of a more senior teacher in favor of a less senior teacher unless said more senior teacher fails to possess the special qualifications required for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirementsposition in question. h(d) For twelve Result in the assignment of a teacher to a position which requires special qualifications which such teacher does not possess. SECTION 3. If any member of the bargaining unit is laid off due to elimination of position, such member shall possess recall rights for a period of two (122) months years following the effective date end of layoffthe school year in which the layoff occurs. Members on layoff with recall rights shall be recalled in order of seniority to a vacant position for which they are certified before any new employee is hired into such position. If a laid-off member refuses recall to any such position, a unit member they shall be retained on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equallist. i) SECTION 4. In the event of elimination of positions, resulting in the layoff, transfer or subsequent recall of members of the bargaining unit, the Board will discuss with the Federation the special qualifications, if any, which are required of the affected positions before action is taken. SECTION 5. The Board shall notify the Federation as soon as practicable of proposed elimination of positions under special fund programs. The Federation will be given a list of all layoffs, the President shall establish a recall list transfers and supply it and any changes to the local NSCPA Presidentrecalls resulting from this provision. j) Unit members to be laid off SECTION 6. Notwithstanding anything in the forgoing sections of Article XV, there shall be given ninety (90) calendar days notice and the notice shall include the reason(s) no layoffs of any bargaining unit member for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays duration of leave without pay directed toward securing new employmentthe 2020-2023 collective bargaining agreement.

Appears in 3 contracts

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

Layoffs. a18.1 In the event that the Council of Trustees or any of its duly appointed committees recommends program closure, reduction, restructuring or other similar measure(s), Academic Council (AC) The Employer decides when and the Educational Policy Committee (EPC) will be provided with a lay off is necessarycopy of the report setting out those recommendations within ten (10) days of the completion of the report. 18.2 Upon receipt of the report, the AC and EPC will have sixty (60) days to provide a report to the Council of Trustees, commenting on the recommendations and proposing any alternative recommendations that the AC and/or EPC consider appropriate. 18.3 Prior to implementation of any directives of the Council of Trustees requiring academic program closure, reduction, restructuring or similar measure(s), the Principal and Academic Xxxx will deliver notice to the affected departments and programs, and which classifications the Association. The notice will include the description of the program closure, reduction, restructuring or other similar measure(s), the rationale for the measures, the effort that has been made to address the situation short of the measures, the extent and positions will be affected. Layoffs may be determined necessary because nature of budget adjustments or reallocationsthe anticipated impacts on the members of the academic unit, a modification of position workloads, or elimination of or change in scope of institutional services, or as and the result of any other job-related management decisiontimelines and procedures for submitting concerns to the Principal and Academic Xxxx. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff 18.4 Any measures implemented by use of attrition wherever possible. e) Where qualifications, training and ability to perform the work remaining are equal, the Employer will follow these priorities be implemented with a view to avoiding layoffs. Accordingly, the Member may first be considered for reduction voluntary redeployment to another academic position for which the Member has the immediate skill, ability and qualification to fill and for which the Employer has a program need. 18.5 Where voluntary redeployment is not appropriate, then a Member who is eligible for retirement may elect to do so. 18.6 If voluntary redeployment or retirement are not selected, then the Employer shall redeploy the Member, provided the new position is consistent with the normal responsibilities of a faculty member, as those normal responsibilities are described in forcethis agreement. 18.7 A Member who is offered redeployment shall have fifteen (15) working days to accept or reject that offer. If the Member accepts redeployment to another academic unit, he or she shall retain tenure, rank, salary, benefits, and seniority as provided in the Collective Agreement and will remain in the Association. If a faculty member chooses not to accept redeployment, then the faculty member will be laid off. No member will be laid off except after having refused redeployment. 18.8 Laid off employees may elect either to accept a permanent layoff and to relinquish their recall and seniority rights, in which case they shall receive a severance payment in accordance with Article 18.11 below, or to retain recall rights as described more fully below. A laid off employee who accepts a permanent layoff shall not be considered for any new position while employees remain on the recall list. 18.9 No member shall be laid off except under the terms of this Article. 18.10 Layoff pursuant to this Article is not dismissal for cause, and shall not be recorded or reported as such. 18.11 Employees who relinquish their recall and seniority rights and accept a permanent layoff shall be entitled to the following severance payment: (a) one (1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short month’s pay for each year or partial year of service before unit members with long service. f) For twelve (12) months following the effective date of layoff, a unit member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall in the same position at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time of layoff plus any increases in for probationary faculty members; (b) one (1) month’s pay for each completed year of service at the time of layoff with a maximum total of eighteen (18) month’s salary or benefits received by unit for tenured faculty members. g) Unit 18.12 All payments described herein shall be based on a faculty member’s nominal salary, save and except those faculty members recalled within twelve (12) months who are on a permanently reduced workload and salary. 18.13 No member shall be considered exempt from layoff consideration in accordance with this Article, including those who have taken voluntary leave. 18.14 If a faculty position becomes available, members who have been laid off and retain recall rights shall receive written notice of the vacant position. 18.15 Faculty members who are laid off and subject to recall shall keep the University / Payroll Office informed of any change of address and/or telephone number. Such changes must be sent in writing. 18.16 A faculty member who has elected to accept a layoff and retain recall rights will have a right of first refusal for any available faculty position, for which they have the skill, ability and qualification. In cases where two or more laid off faculty members on the recall list have the skill, ability and qualification, then their seniority as defined in Article 18.28 shall govern. 18.17 If no laid off faculty member retaining recall rights has the skill, ability and qualifications or accepts the recall, the Employer may fill the vacancy through normal recruiting and appointment procedures. A laid off employee who accepts a permanent layoff shall not be considered to have suffered a break in service for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirementsposition while employees remain on the recall list. h) For twelve 18.18 Individuals who are recalled pursuant to this Article shall have up to three (123) months to accept such a recall offer, and to commence working in the available faculty position. 18.19 An untenured faculty member laid off under this Article will retain recall rights for a period of two (2) years following layoff. An untenured faculty member with less than two (2) years of service at Brescia will retain recall rights equal to the length of his/her employment. A tenured faculty member laid off under this Article will retain recall rights for a period of three (3) years following the effective date layoff. 18.20 Members who are not recalled to service at Brescia during the recall period will receive severance according to the terms of layoff, Article 18.11. 18.21 Faculty members who are recalled to service at Brescia shall retain all rights and entitlements that would be in place had the faculty member not been laid off. 18.22 A faculty member who is recalled to an area or position other than in his/her original discipline retains the right of first refusal for any opening in his/her original discipline. 18.23 A laid off faculty member being notified of a unit vacant faculty position shall be provided with notice in writing by registered mail sent to his/her known address with a copy to the Brescia Faculty Association. The faculty member shall have thirty (30) days from such mailing to respond to the recall notice. 18.24 Should a laid off faculty member on the recall list who is a qualified applicant for not accept a position in the unit member’s department for which the member has the skill, ability and qualification, then the member’s name shall be given preference for removed from the position when qualifications are equalrecall list. i) In 18.25 During the event recall period, a laid off faculty member shall be entitled to be covered by the regular faculty benefits to which he/she would otherwise have been entitled, except the Life Insurance Plans, Long Term Disability and Travel Insurance, provided the member pays all the costs associated therewith. This provision shall continue until the earlier of layoffsthe securing of alternative full-time employment, his/her recall or the expiry of the three-year period (two years for untenured faculty). 18.26 So long as a faculty member is eligible for recall, the President member shall establish continue to have access to Library facilities on the same basis as active faculty members. In addition, departments shall endeavor, if practicable, to maintain collegial contact with laid off faculty members and to provide them with access to laboratory or computer facilities. 18.27 Brescia is responsible for maintaining a recall seniority list of Brescia faculty on the basis of accumulated PTR (“Progress through the Ranks”) credits. 18.28 For purposes of this Article, in the case of tenured and supply tenure stream faculty members seniority shall be determined by the number of PTR credits held by each faculty member. If two (2) or more members hold the same number of PTR credits, the order of seniority will be determined by years of service at Brescia. If no seniority rank can be determined at this point, seniority shall be determined by lot. Seniority shall not be affected by leave taken in accordance with the Collective Agreement. 18.29 Nothing in this Article shall prevent Brescia from offering voluntary exit incentive options as it and any changes may deem appropriate from time to time with prior notice to the local NSCPA Presidentunion. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoffs. a) The Employer decides when a lay off is necessary, and which geographic location, classifications and positions will be affected. Layoffs may be determined necessary because of budget adjustments or reallocations, a modification of position workloads, or elimination of or change in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult inform the local NSCPA President, on behalf of President and provide an opportunity to meet with the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee to discuss potential layoffs. The Human Resources Director/AVP shall attend the meeting. After the meeting, the chapter will forward the chapter’s have up to ten (10) working days to submit written recommendation recommendations regarding potential layoffs to the President. No action regarding layoffs shall proceed until this process has been completed. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training and ability to perform the work remaining are equal, the Employer will follow these priorities for reduction in force:force at each geographic location for each classification selected for layoff. 1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For twelve (12) months following the effective date of layoff, a unit member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall in the same position at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months shall not be considered to have suffered a break in service for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirements. h) For twelve (12) months following the effective date of layoff, a unit member on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equal. i) In the event of layoffs, the President shall establish a recall list and supply it and any changes to the local NSCPA President. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment. Five (5) of the ten (10) days shall be with pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. aA. Layoff shall be defined as the elimination of a position or positions within a particular work unit. A work unit is a budgetarily discrete academic or administrative entity. The URA-AFT shall be informed of all notices of layoff. B. In the event of layoff, the following shall apply: 1. Where one or more employee(s) in the same title performing the same functional tasks in the same work unit is being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employee has the requisite qualifications and abilities to perform the work available. 2. With respect to laid off employees who have provided current contact information to UHR, the following shall apply: a. The Employer decides when a lay employee who is being laid off is necessarymay meet with UHR’s designee to identify open positions for which he/she may be qualified, including but not limited to the title currently held. The laid off employee may apply for and will be interviewed and considered for such open positions for which classifications he/she meets the requisite qualifications. b. However, where more than one laid off employee meets the requisite qualifications for an open position, up to three laid off employees, as determined by seniority, shall be interviewed and considered. c. Candidate selection for all open positions will be affectedat the sole and exclusive discretion of the hiring department. C. Any employee who is laid off and has not been placed pursuant to Section B above shall be placed on a preferred recall list for a period of up to thirty (30) months. Layoffs may be determined necessary because of budget adjustments or reallocationsDuring this period, a modification of position workloadslaid off employee shall be entitled to apply for any vacant URA-AFT position, or elimination of or change in scope of institutional services, or as and if he/she has the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training requisite qualification and ability to perform the work remaining are equalshall be interviewed and considered for that position. Candidate selection for all open positions will be at the sole and exclusive discretion of the hiring department. D. If a position within the same title within the same work unit from which the employee was laid off is restored during the thirty (30) month recall period, the Employer will follow these priorities employee who previously held the position shall be recalled. If more than one employee in the same title has been laid off from the same work unit they shall be recalled to those restored positions in order of seniority. E. Upon recall to employment an employee shall retain all seniority rights and benefits prior to being laid off and shall immediately begin to accrue additional seniority for reduction in forceall purposes. F. Employees hired on a 10 month basis shall not be entitled to utilize the provisions of this Article during the 2 month period during which they are not employed. G. The following shall also apply to laid off employees during the 30 month preferred recall period: 1) Temporary/part. For employees rehired into a different position or recalled pursuant to paragraph D above within 12 months of the last day of work, vacation accrual will begin with the first complete calendar month worked. Vacation allowance will be based on years of continuous employment as a regularly-time professional appointed staff employees before unit members;member immediately preceding layoff. 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) . For twelve (12) employees rehired into a different position or recalled pursuant to paragraph D above within 24 months following of the effective date last day of layoffwork, a unit member who has been laid off, and who indicates a desire any unused sick leave accrued under the former employment will be carried forward to be placed on a recall list, shall be offered recall in the same position credited toward sick leave payment at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months shall not be considered to have suffered a break in service for the purposes of calculating sick and vacation leave, retirement as well as service years regarding notice requirementsfor other authorized use. h) 3. For twelve (12) employees rehired into a different position or recalled pursuant to paragraph D above within 12 months following of the effective date last day of layoffwork, a unit member on the recall list who is a qualified applicant for a position in the unit shall there will not be given preference for the position when qualifications are equalanother probationary period. i) In the event of layoffs, the President shall establish a recall list and supply it and any changes to the local NSCPA President. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. aWhen the Employer determines that it is necessary to reduce the existing work force permanently or for a prolonged period of time, the Employer shall layoff staff in accordance with this Section. Pursuant to this Section, the Employer it shall give no less than twenty-one (21) calendar days written notice of a layoff decision to affected nurses and the Union. The Employer shall generate a seniority roster at the time of the layoff notice and send a copy to the Union. Further, at the request of the Union, the Employer shall meet with the Union and discuss the pending layoff (including, but not limited to the pending layoff, possible alternatives, seniority, etc.). 13.2.1 Reductions in staffing levels may be accomplished by the Employer through layoffs, reductions in F.T.E status, or attrition as it deems necessary. Any layoffs will be reviewed and implemented on a Hospital-wide basis pursuant to Section 13.2.2. So long as the Employer determines that skills, qualifications and abilities of nurses are equal, nurses will be laid off in reverse order of seniority, following the procedures of Section 13.2.2. 13.2.2 Prior to implementing a layoff of nurses under Section 13.2.1, the Employer shall discontinue the use of contract (agency or traveler) personnel performing registered staff nurse services. At the time the Employer gives the layoff situation notice, all vacant positions will be frozen while the Employer assesses its staffing options. If the Employer determines it must proceed to fill the vacancy, current nurses who apply will get preference pursuant to Section 12.4, Job Openings. Thereafter, the following order of layoff procedure shall be followed. (1) First, the Employer shall identify the excess positions within the unit(s) that it has determined must be reduced. For each unit with excess positions, the Employer shall then identify the nurse(s) with the least seniority. Such nurse(s) shall receive a notice informing the nurse(s) of the layoff situation, which pursuant to Section 13.2 shall be thirty (30) calendar days prior to the anticipated layoff when possible. Within seventy-two (72) hours of the issuance of the layoff situation notice, any nurse who wishes to voluntarily be laid off must submit a written notice to the Employer of this decision and the Employer shall then reassess its layoff situation. (This person shall be placed on the layoff recall roster.) The Employer decides when a lay off is may proceed with the layoff as it deems necessary, and which classifications and positions will be affected. Layoffs may be determined necessary because of budget adjustments or reallocations, a modification of position workloads, or elimination of or change in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d(2) The Employer will make an effort shall then identify the least senior nurse(s) in the Hospital, and this nurse shall be displaced ("bumped") by the nurse previously identified as the least senior person in the affected unit [who shall receive up to avoid three (3) weeks of training in the new duties, as determined necessary by the Employer.] (The position to be considered through "bumping" shall be restricted to the actual assigned FTE status at that time for the nurse with the least seniority.) The nurse shall be given a written notice confirming such layoff decision, which pursuant to Section 13.2 shall be twenty-one (21) calendar days in advance of the actual layoff date, when possible. There shall be no further "bumping". (3) If the nurse(s) who has received a layoff by use of attrition wherever possible. esituation notice decides not to bump into another position, the nurse shall be laid off pursuant to this Section. The nurse shall be given a written notice confirming such layoff decision. [Prior to laying the nurse(s) Where qualifications, training and ability to perform the work remaining are equaloff, the Employer will follow these priorities review any current vacancy in the bargaining unit, and if the Employer determines that the nurse(s) has the necessary skills, qualifications and abilities, the Employer will offer an available vacant position it has decided to fill to the nurse(s) being laid off (in order of seniority).] 13.2.3 Upon layoff, the names of such nurses shall be placed on a reinstatement roster for reduction in force: 1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For a period of twelve (12) months following from the effective date of layoff, a unit member who has been laid off, and who indicates a desire to be placed on a recall list, . A nurse shall be offered recall in removed from the roster upon re-employment, upon refusal to accept an offer to return to work to a comparable position (i.e., same position category related to benefit eligibility), or at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time end of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months months. It shall not be considered the nurse's responsibility to have suffered a break in service for keep the purposes Employer informed of calculating sick the nurse's status, address and vacation leave, as well as service years regarding notice requirements. h) For twelve (12) months following the effective date of layofftelephone number. In addition, a unit member nurse who is laid off under this Article shall be placed on the recall list who per diem roster, and shall be offered available per diem work in order of seniority. [The Employer's obligation in this regard shall be limited to attempting reach the nurse by making one (1) telephone call.] 13.2.4 When a vacancy is a qualified applicant for a position to be filled in the unit shall be given preference for the position when qualifications are equal. i) In the event of layoffsbargaining unit, the President shall establish a Employer will review the reinstatement roster, and make an offer of recall list in the order of seniority, provided skills, qualifications and supply it and any changes to abilities are considered equal by the local NSCPA PresidentEmployer. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a) The Employer decides when a lay off is necessary, and which geographic location, classifications and positions will be affected. Layoffs may be determined necessary because of budget adjustments or reallocations, a modification of position workloads, or elimination of or change in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult inform the local NSCPA President, on behalf of President and provide an opportunity to meet with the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee to discuss potential layoffs. The Human Resources Director shall attend the meeting. After the meeting, the chapter will forward the chapter’s have up to ten (10) working days to submit written recommendation recommendations regarding potential layoffs to the President. No action regarding layoffs shall proceed until this process has been completed. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training and ability to perform the work remaining are equal, the Employer will follow these priorities for reduction in force:force at each geographic location for each classification selected for layoff. 1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For twelve (12) months following the effective date of layoff, a unit member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall in the same position at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months shall not be considered to have suffered a break in service for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirements. h) For twelve (12) months following the effective date of layoff, a unit member on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equal. i) In the event of layoffs, the President shall establish a recall list and supply it and any changes to the local NSCPA President. j) Unit members to be laid off shall be given ninety (90) calendar days days’ notice and the notice shall include the reason(s) for the layoff. k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment. Five (5) of the ten (10) days shall be with pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. B8.01 The Company and the Union accept the principle of seniority in lay-offs and recalls and agree that seniority will govern if the Employee possesses the required qualifications and ability, according to the following steps. (a) Casual Employees within a Group shall be the first to be laid off in reverse order of company seniority; no casual shall be able to bump any part time or full time employee. (b) A part time or full time employee with the least Company seniority within the group affected by the layoff shall have the option of accepting the layoff or exercising his or her seniority rights as follows. (c) The Employer decides when Employee may: (i) Exercise his/her Company seniority to bump any junior employee within the same group at the depot, or (ii) If no position is available at the depot, the employee may exercise his/her company seniority to bump an employee with less company seniority within the same group at any other location covered by this agreement. The employee in this case shall retain their company seniority upon transfer to the new location (d) If the Employee does not obtain a lay position through the exercise of seniority rights, the Employee shall be laid off. B8.02 When adding to the work force of Employees covered by this Agreement, any Employees previously laid off is necessary, and which classifications and positions will be affected. Layoffs may be determined necessary because recalled on the basis of budget adjustments or reallocations, a modification of position workloads, or elimination of or change in scope of institutional services, or as Company seniority by group and by depot if the result of any other job-related management decision. b) When a layoff is contemplated, Employee possesses the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training required minimum qualifications and ability to perform the work remaining are equaljob. Employees who wish to be considered for recall to a different Group at the Branch must submit a written standing application. These Employees will be considered based on Company seniority if the position is not filled from within the Group at the Branch. B8.03 The Company will notify such Employees at their last known address by registered mail. If such Employees fail to report within five (5) working days after notification, the Employer standing as an Employee of any such person failing to report within five (5) days will follow these priorities for reduction in force: 1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long servicebe forfeited. f) For twelve (12) months following the effective date of layoff, a unit member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall in the same position at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months shall not be considered to have suffered a break in service for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirements. h) For twelve (12) months following the effective date of layoff, a unit member on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equal. i) B8.04 In the event of layoffsa lay-off, the President shall establish a recall list and supply it and any changes to the local NSCPA PresidentEmployees employed more than three (3) consecutive months will receive two (2) weeks notice of such layoff or two (2) weeks pay in lieu of notice. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 1 contract

Samples: Collective Agreement

Layoffs. a) The Employer decides shall determine when layoffs shall occur. If, in the judgment of Employer, a lay off layoff is necessary, and staffing levels will be reduced in accordance with this Article. Employer shall determine, at its sole, non-grievable discretion, which classifications and positions will are to be affectedsubject to layoff. Layoffs may within the classification shall be determined necessary because on the basis of budget adjustments seniority within the Antelope Valley region or reallocationsthe San Xxxxxxxx Valley region1 (as applicable) with the least senior employee in the classification within the applicable region being laid off first, a modification of position workloads, or elimination of or change in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner provided that the remaining employees possess within that region have the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training qualifications and ability experience to perform Employer’s obligations under the Subcontractor Agreement, or any successor agreement. As work remaining are equalbecomes available, at the Employer will follow these priorities for reduction in force: 1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For twelve (12) months following discretion of the effective date of layoff, a unit member who has been laid offEmployer, and who indicates a desire qualified employees are to be placed recalled, those on a recall list, layoff within the applicable region shall be offered recall recalled to work in the same position at classification from which they were laid off on the College should an opportunity arisebasis of seniority and qualifications. The unit member A qualified, laid-off employee recalled to work shall receive be paid the same salary which was received rate as their rate at the time of the layoff plus or the minimum contract rate, whichever is higher. No new employee shall be hired to perform work within the region that is within the classification of an employee on layoff from within that region, unless and until all qualified employees within the region with recall rights have first been offered the recall opportunity. Employees shall maintain recall rights for four months. Due to the constraints imposed by the Subcontractor Agreement, time will be of the essence in completing any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months lay off. Therefore, employees shall not have any bumping rights. Laid off employees may apply for positions for which they are qualified that may be considered to have suffered vacant at other Employer facilities. Employer will consider all such applications in good faith. In the event a laid off employee is hired into another position in the bargaining unit with a break in service for of fewer than four (4) months, the purposes of calculating sick and vacation leave, as well as service years regarding notice requirements. h) For twelve (12) months following the effective date of layoff, a unit member on the recall list who is a qualified applicant for a position in the unit employee shall be given preference for deemed to have continuous service from his or her hire date into the bargaining unit position when qualifications are equalfrom which the employee was laid off. i) In the event of layoffs, the President shall establish a recall list and supply it and any changes to the local NSCPA President. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Layoffs. a) The Employer decides when a lay off is necessary, and which classifications and positions will 1. Notification of intended layoffs shall be affected. Layoffs may be determined necessary because of budget adjustments or reallocations, a modification of position workloads, or elimination of or change given as far in scope of institutional services, or advance as the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e2. An employee shall have the right to an explanation for the reasons of layoff by the Superintendent or the Superintendent's designee. The personnel file of an employee laid off for economic reasons (including decrease in enrollment) Where qualificationsshall indicate that such was the reason for layoff. 3. Any necessary layoff (based upon budgetary or other economic reasons) within Classification 1 of this bargaining unit shall be by classification and seniority. The person with the least continuous service to the District shall be selected for layoff. In Classification 2, training layoffs for instructional classroom aides and ability special education aides, shall be by specific job and grade so that K-grade 4, grade 5-grade 8, and grade 9-grade 12, special education, and classroom aides shall be selected for layoff by continuous service within said grade groupings. Librarian and school suspension aides shall be selected by continuous service within the specific position without regard to perform grade level. In Classification 3, layoffs for Title One tutors (Tutors-Federal Projects) shall be by specific job and grade as set forth herein. Audio Visual Aides shall be selected for layoff by continuous service within the work remaining are equalspecific position without regard to grade level. In Classification 4, layoffs for Tutors- Federal Projects and Tutors-ESOL, shall be by specific job and grade as set forth herein. Other positions in Classification 4 shall be subject to layoff based upon the Employer will follow these priorities for reduction least continuous service to the District in force:each specific position without regard to grade level. 1) Temporary/part-time professional staff 4. Laid off employees before unit members; 2) Unit members with unsatisfactory performance records before may bump bargaining unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For twelve (12) months following less seniority, within the effective date classification or lower, provided they are qualified to do the job of layoffthe person they wish to bump. If an employee bumps into a lower classification, a unit member who has been laid off, and who indicates a desire to s/he will be placed paid on a recall list, shall be offered recall in the same position at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months shall not be considered to have suffered a break in service step for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirementslower classification. h) For twelve (12) months following the effective date of layoff, a unit member on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equal. i) In the event of layoffs, the President shall establish a recall list and supply it and any changes to the local NSCPA President. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 1 contract

Samples: Master Agreement

Layoffs. a) The When it is determined by the Employer decides when that a lay off reduction in the workforce is necessary, not less than 45 days’ notice shall be given to the Union and which classifications and positions will be the employees affected. Layoffs may be determined necessary because of budget adjustments or reallocations, a modification of position workloads, or elimination of or change in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff is contemplatedLayoffs of any employee(s) within any classification shall be based upon reverse seniority provided the remaining employees, at the President will consult the local NSCPA President, on behalf discretion and determination of the chapter as soon as possible. The chapter shall make recommendations Employer, have the required skills, experience, ability, educational qualifications, training and act in an advisory capacity only. The local NSCPA President or designee will forward reliability to perform the chapter’s written recommendation to the Presidentwork. c) When Within the notice period mentioned above, the Employer decides that a lay off among unit members is necessaryshall consider requests for voluntary resignations from other employees in classification affected by the layoff. If approved, such employee(s) shall be paid the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualificationsamount of severance pay provided below. d) The Employer will make an effort Prior to avoid requiring a layoff by use layoff, the affected employee(s) shall be offered the opportunity to be placed into any bargaining unit vacancy for which, at the discretion and determination of attrition wherever possiblethe Employer, the employee has the required skills, experience, ability, educational qualifications, training and reliability. e) Where An affected employee may bump the most junior employee in an equivalent or lower classification provided the position is held by a more junior employee and provided the employee has, at the discretion and determination of the Employer, the required skills, experience, ability, educational qualifications, training and ability reliability. Any employee wishing to perform the work remaining are equal, the Employer will follow these priorities for reduction in force: 1) Temporary/part-time professional staff employees before unit members; 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long servicebump must do so within one week of receiving a notice of layoff. f) For twelve (12) months following An employee who bumps will assume the effective date pay rate of layoff, a unit member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall the position in the same position at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time of layoff plus any increases in salary equivalent or benefits received by unit memberslower classification. g) Unit members recalled The employee so displaced may exercise a similar right to bump in accordance with section 4(d) within twelve (12) months shall not be considered one week, or the employee may elect to have suffered a break in service take severance pay equal to that provided for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirementsbelow. h) For twelve Recall of laid-off employees to available vacancies in their previously held classification shall prevail over section 2 (12) months following Posting). Affected employees shall be offered reinstatement to employment in the effective date classification held prior to layoff on the basis of seniority, in reverse order of their layoff, a unit member provided that, at the discretion and determination of the Employer, they have the experience, ability, educational qualifications, training and reliability to perform the available work. Notification of recall shall be by letter addressed to the employee’s last known address on the Employer’s records with a copy sent to the Union. The recall list who is a qualified applicant rights will not extend for a position in the unit shall be given preference for the position when qualifications are equalperiod longer than 12 months. i) In the event of layoffsDuring layoff and while an employee maintains recall rights, the President seniority shall establish a recall list and supply it and any changes to the local NSCPA Presidentnot be broken but shall not accrue. j) Unit members Full-time employees may bump part-time employees subject to be laid off shall be given ninety (90the restrictions and provisions set out in paragraph 5(e) calendar days notice and the notice shall include the reason(s) for the layoffabove. Part-time employees may not bump full-time employees. k) Each Any period of employment for which severance pay has actually been paid shall not be counted as service in calculating the amount of severance pay that may again become due after reinstatement to employment or in the calculation of eligibility for any other benefits based on length of service. l) Employees who have been laid off unit member shall, once proper notice is given, and maintain recall rights will be allowed eligible to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employmentapply for any posting under section 2(b).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a) The Employer decides when a Should it become necessary to lay off is necessary, and which classifications and positions will be affected. Layoffs may be determined necessary because an Employee on account of budget adjustments or reallocations, a modification of position workloads, or elimination of or change reduction in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training and ability to perform the work remaining are equalforces, the Employer will follow these priorities for reduction in force: 1) Temporary/part-time professional staff employees before unit members; shall give that Employee two (2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For twelve (12) months following weeks’ advance notice or pay in lieu thereof. If, thereafter, an open position occurs within one year of the effective date of layoff, a unit member who has been laid off, and who indicates a desire to be placed on a recall list, off Employees shall be offered recall the opportunity to fill the open position in each case that the Village deems the laid off Employees to be qualified for the position. The opportunity to fill an open position under this Section shall be afforded to Employees who have been laid off for one year or less prior to the posting of an open position under Section 8.4. For the 12 months following ratification of this Agreement, the Village agrees that it will not lay off any bargaining unit employees unless one of the following exceptions is triggered: (1) the Village may exercise its right to layoff pursuant to Articles I and VI of the agreement if the State of Illinois reduces the Village’s revenues from the Local Government Distributive Funds (“LGDF”); or (2) the Village may exercise its right to layoff pursuant to Articles I and VI of the agreement if the State of Illinois or any other entity reduces or limits the Village’s ability to raise revenue via property taxes. If the Village has to exercise its right to layoff during this period of time, the layoff selection shall be based on the language in the same position at 2011-2015 bargaining agreement, which is incorporated herein as follows: Once 12 months have elapsed from the College should an opportunity arisedate of execution of this bargaining agreement, layoffs on account of reductions in force shall be made based on knowledge, skills, ability, and performance record. If there is a layoff based on knowledge, skills, ability, and performance record, employees shall be selected for layoff pursuant to the criteria outlined in Appendix D. When knowledge, skill, ability, and performance records are equal between two or more Employees, layoffs shall be in the inverse order of seniority among the Employees in the Department of Public Works, provided that the Village may retain current Employees in positions which require a certificate or license. A committee will be established for the purpose of discussing job descriptions and cross training. The unit member Committee shall receive consist of three (3) Village representatives and (3) Union representatives. In addition, the same salary Human Resources Director shall serve as the Committee facilitator. The parties will request the assignment of an FMCS mediator to aid in their discussions. The Committee shall also discuss the scoring system to be used for the following items listed in Appendix D: 1) attendance; 2) ability to operate baseline equipment; 3) breadth of experience; and 4) optional certifications and licenses. The Village shall develop a uniform performance evaluation form that will be used for the evaluation of all employees within the Village’s Public Works Department. Prior to publication, the Village will share the proposed uniform performance evaluation form with the Committee for their discussion and input. An Employee recalled to work within six (6) months of his date of layoff to perform work for which was received at the Village deems him to be qualified under this Section shall be reinstated with his original seniority date which has been adjusted to reflect full seniority credit for time of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months shall not be considered to have suffered a break in continuous service for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirements. h) For twelve (12) months following the effective date of layoff, a unit member on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equal. i) In the event of layoffs, the President shall establish a recall list and supply it and any changes prior to the local NSCPA Presidentlayoff. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 1 contract

Samples: Memorandum of Agreement

Layoffs. a) The Employer decides when A. A layoff is defined as a lay off is necessarystaff reduction because of position elimination or long- term reduction in hours, and which classifications and positions or unit closure. B. In the event of a layoff, the Medical Center will give employees in the affected job classification the opportunity to be voluntarily laid off. Thereafter, the employee with the least seniority among the employees in the same job classification on the shift in the department affected will be affecteddisplaced from his/her position. Layoffs However, a more senior employee on the affected shift may be determined necessary because displaced out of budget adjustments or reallocations, a modification of position workloads, or elimination of or change in scope of institutional services, or as the result of any other job-related management decision. b) When a layoff seniority if he/she is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training and ability not qualified to perform the work remaining after the layoff or does not possess special skills required for the position which are equalpossessed by a less senior employee(s). In either situation, the Employer displaced employee will follow these priorities then take the position of the least senior regularly scheduled employee on another shift, in the same job classification, and in a position that is within .3 FTE of the employee’s then-current FTE provided he/she is qualified to perform the work of that position (the employee whose position is thus taken will become the displaced employee). After such position movement, the remaining displaced employee will be laid off from work. C. 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 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 reduction in force: 1) Temporary/part-time professional staff employees before unit members; 2time) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long serviceseverance for regular employees. fD. 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). E. 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) For twelve (12) months following from the effective date of layoff, displacement; or (b) the employee rejects an offer of a unit member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall in the same position at the College should an opportunity arise. The unit member shall receive the same salary for which was received he or she is qualified. (i) An employee may designate shift availability at the time of layoff plus any increases for the Recall List, in salary or benefits received by unit memberswhich case he/she will be called only for positions within the employee’s prior classification and preferred shift. g(ii) Unit members 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 twelve (12) months shall not five calendar days from the date the letter is mailed by the Medical Center. If the Medical Center receives no response to the letter, the employee will be considered deemed to have suffered rejected the position. The Medical Center will make a break in service for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirements. h) For twelve (12) months following the effective date of layoff, a unit member good faith reasonable effort to identify on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equalwebsite those jobs available to employees on layoff. i) In the event of layoffs, the President shall establish a recall list and supply it and any changes to the local NSCPA President. j) Unit members to be laid off shall be given ninety (90) calendar days notice and the notice shall include the reason(s) for the layoff k) Each laid off unit member shall, once proper notice is given, be allowed to schedule and take up to ten (10) workdays of leave without pay directed toward securing new employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. a) Section 1: The Employer decides when a lay off is necessaryVillage shall have the right to determine the means of effectuating layoffs. The Village may impose general across-the-board layoffs, potentially affecting all members of the Bargaining Unit equally, regardless of classification. The Village may impose layoffs which may impact specific classifications only or other layoff formats that the Village chooses in order to operate and which classifications and positions manage its affairs in all respects. When in the sole discretion of the Village layoffs will occur, they will be affectedaccomplished in the following manner: Full-time unit members on probationary status shall be laid off first and in the inverse order of hire (i.e. latest date of hire first); and Full-time employees, in affected classifications, will be laid off in the inverse order of their seniority if they have equal skill, qualifications and performance evaluations. Layoffs However, employees who have greater skills, qualifications and/or superior performance evaluations and fewer or no disciplinary actions taken against them over the past year, may be determined necessary because retained over employees with greater seniority. Bargaining unit employees currently employed in the existing positions/titles listed in Exhibit A will retain their full-time status for the term of budget adjustments or reallocations, a modification this agreement. The Village also recognizes the employees’ need for reassurance of position workloads, or elimination job security and will work diligently to reduce the likelihood of or change in scope layoffs for the term of institutional services, or as this Agreement. The Village cannot guarantee the result employment of any other job-related management decisionbargaining unit employee. However, the Village will make a good faith effort and will work diligently to avoid layoffs of bargaining unit employees during the term of this agreement. The protection of full time status provided for in this paragraph shall not prevent the Village from exercising its discretion to layoff employees. b) When a layoff is contemplated, the President will consult the local NSCPA President, on behalf of the chapter as soon as possible. The chapter shall make recommendations and act in an advisory capacity only. The local NSCPA President or designee will forward the chapter’s written recommendation to the President. c) When the Employer decides that a lay off among unit members is necessary, the President or designee shall conduct a layoff in such manner that the remaining employees possess the necessary job qualifications. d) The Employer will make an effort to avoid a layoff by use of attrition wherever possible. e) Where qualifications, training and ability to perform the work remaining are equal, the Employer will follow these priorities for reduction in force: 1) Temporary/part-time professional staff employees before unit members; Section 2) Unit members with unsatisfactory performance records before unit members with satisfactory performance records; and, 3) Unit members with short service before unit members with long service. f) For twelve (12) months following the effective date of layoff, a unit member who has been laid off, and who indicates a desire to be placed on a recall list, shall be offered recall in the same position at the College should an opportunity arise. The unit member shall receive the same salary which was received at the time of layoff plus any increases in salary or benefits received by unit members. g) Unit members recalled within twelve (12) months shall not be considered to have suffered a break in service for the purposes of calculating sick and vacation leave, as well as service years regarding notice requirements. h) For twelve (12) months following the effective date of layoff, a unit member on the recall list who is a qualified applicant for a position in the unit shall be given preference for the position when qualifications are equal. i) : In the event of layoffsthe Village chooses to impose layoffs impacting specific classifications, the President Village recognizes the potential that unit members may be subject to layoff even though they have a level of skill and training in excess of unaffected employees engaged in another classification. Therefore, whenever the Village imposes any specific classification(s) layoff(s) the following procedures shall establish a recall list and supply it and any changes to the local NSCPA President.apply: j(1) Unit members Any full-time unit member designated to be laid off shall be given ninety (90have the right to "bump" the least senior full-time probationary unit member in an initial probationary status classification, in another job classification, provided that the employee has a level of skill and training in excess of such employee(s) calendar days notice as determined by the Department Heads and the notice Village Manager. (2) In the event there are no full-time unit members in or remaining in an initial probationary status category, the full-time unit member designated for layoff shall have the right to "bump" or transfer the layoff to a full-time unit member having less merit than the unit member designated for layoff. Determination of merit will include an analysis of factors such as length of service, job knowledge, skills and abilities, and the reason(s) for needs of the layoffVillage, as determined by the Department Heads and the Village Manager. k) Each laid Section 3: Laid off unit member shall, once proper notice is given, members who are qualified for an existing opening in a position of equal or lesser status to their previously held position will be allowed to schedule and take recalled for up to ten six (106) workdays months from the time they are laid off. Laid off unit members shall be recalled on the same basis in which they were laid off. In the event of leave without pay directed toward securing new employmenta recall, the Village shall notify the unit member by certified mail, return receipt, of such recall and give the unit member five (5) days to reply. It is the responsibility of the unit member to keep his/her current address on file with the Village. No position shall be held open for a unit member for more than five (5) days after he/she has received the Notice of Recall.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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