Common use of Personnel Reduction and Recall Clause in Contracts

Personnel Reduction and Recall. 1. In case of personnel reduction, probationary employees, including those deemed "temporary" by the Town, shall be laid off prior to any permanent employee. 2. For the purpose of this article, all employees who have achieved ten (10) years of service with the Department will be considered “tenured” and exempt from the layoff process until such time as all non-tenured employees have been laid-off. All non-tenured Unit members will form the initial list from which the personnel reduction will be made. Department seniority will be the primary, but not the only consideration in personnel reduction. 3. The Town agrees that no member of this Unit who was an employee on July 1, 2005 shall be subject to any layoff or demotions during their respective careers with the Town except for just cause. 4. All future reductions in workforce shall occur as outlined in this Agreement except that if there is any staffing reduction involving those members who were employed at the time of the consolidation or merger, or who were hired as a result of an East Derry layoff, or who were employed by the Derry Fire Department at the time those employees were hired, it shall be limited to attrition only. 5. It is understood that the Department must maintain certain numbers of members with specialized skills (i.e. paramedics, dispatchers) to satisfy contractual obligations. If layoffs would affect the Department's ability to provide these services, the employee possessing the required skills may be excluded, and the next member with the least seniority, without consideration of the employees Unit, could be affected. Should such a situation arise, the Union reserves the right to consultation with Management regarding the affected employee(s). 6. The names of employees laid off from the Unit will be maintained on a recall list for twenty-four (24) months. A copy of this list shall be forwarded to the Secretary of Local 4392 within ten (10) days. 7. Such employees will be offered recall when or if vacancies occur in the Unit. Employees shall be recalled in the order of their seniority and qualification. No new employee shall be hired until all laid-off employees have been given an opportunity to return to work. 8. If a laid-off employee is notified by certified letter, sent to his last known address on the records of the Fire Department to return to work, he must notify the Department in person, or by certified mail, within five (5) business days of the notification of his intention to accept, and must report to work within fourteen (14) days of such notification, or he shall cease to have any rights based on seniority and shall be removed from the recall list. 9. Should an opening occur within the Department, in a position other than that in which the next eligible employee worked prior to being laid-off, he may refuse this opening without affecting his position on the recall list. 10. Recalled employees who return to work will be credited with prior length of service. Employees recalled after twelve (12) months must certify at Firefighter/EMS level held at the time of the layoff and pass a physical exam provided such employee has not withdrawn his contribution from the State Fire Fighters Retirement System. 11. In the event of a layoff or reduction in the Officer’s Unit, members of this unit may be bumped by an officer with more department seniority then they have and said employee may bump down to dispatch as long as said employee has more department seniority than the least senior dispatcher. 12. In the event that the Town determines the need for any reductions they shall commence discussions with the Union to discuss alternative solutions to layoffs. 13. In the event that the Town determines the need for reductions they agree to notify the Unit of any “buy-out package”. Such a package will be offered to all Unit members.

Personnel Reduction and Recall. 1. In the case of a personnel reduction, probationary employeesthe Fire Chief after due consideration of past performance and personnel record, including those deemed "temporary" by the Town, shall determine who shall be laid off prior to any permanent employeefirst. Time in the service of the Department shall be given consideration. 2. For the purpose of this article, all employees who have achieved ten (10) years of service with the Department will be considered “tenured” and exempt from the layoff process until such time as all non-tenured employees have been laid-off. All non-non- tenured Unit members will form the initial list from which the personnel reduction will be made. Department seniority will be the primary, but not the only consideration in personnel reduction. 3. The Town agrees that no member of this Unit who was an employee on July 1, 2005 shall be subject to any layoff or demotions during their respective careers with the Town except for just cause. 4. All future reductions in workforce shall occur as outlined in this Agreement except that if there is any staffing reduction involving those members who were employed at The Department will maintain the time of the consolidation or merger, or who were hired as a result of an East Derry layoff, or who were employed by the Derry Fire Department at the time those employees were hired, it shall be limited to attrition only. 5. It is understood that the Department must maintain certain numbers of members with specialized skills (i.e. paramedics, dispatchers) to satisfy contractual obligations. If layoffs would affect the Department's ability to provide these services, the employee possessing the required skills may be excluded, and the next member with the least seniority, without consideration of the employees Unit, could be affected. Should such a situation arise, the Union reserves the right to consultation with Management regarding the affected employee(s). 6. The names of employees laid off from the Unit will be maintained on a recall list for twenty-four (24) monthsmonths from the date of such lay-off. A copy of this list shall be forwarded to the Secretary of Local 4392 within ten (10) days. 7. Such employees will be offered recall when or if vacancies occur in the Unit. Employees shall be recalled in the order of their seniority and qualification. No new employee shall be hired until all laid-off employees have been given an opportunity to return to work. 8. If a laid-off employee is notified by telephone or by certified letter, letter sent to his last known address on the records of the Fire Department to return to work, he must notify the Department in person, or by certified mail, within five (5) business days of the notification of his intention to accept, comply or accept and must report to work within fourteen ten (1410) business days of such notification, notification or he shall cease to have any rights based on seniority and shall be removed from the recall list. 9. Should an opening occur within the Department, in a position other than that in which the next eligible employee worked prior to being laid-off, he may refuse this opening without affecting his position on the recall list. 10terminated. Recalled employees who return to work will be credited with prior length of service. Employees recalled after twelve (12) months must certify at Firefighter/EMS level held at the time of the layoff and pass a physical exam , provided such employee has not withdrawn his contribution from the State Fire Fighters Retirement System. 115. In case of personnel reduction, probationary employees shall be laid off prior to any permanent employee. 6. In the event of a layoff or reduction in the Officer’s this Unit, members of this unit may be bumped by an officer with more department seniority then they Unit shall have and said employee may bump down rights to dispatch the Firefighters’ Unit as long as said employee member has more department Department seniority than members of the least senior dispatcherFirefighter Unit. 127. In the event that the Town determines the need for reductions, they agree to notify the Unit of any “buy-out package”. Such a package will be offered to all Unit members. 8. In the event that the Town determines the need for any reductions they shall commence discussions with the Union to discuss alternative solutions to layoffs. 13. In the event that the Town determines the need for reductions they agree to notify the Unit of any “buy-out package”. Such a package will be offered to all Unit members.

Personnel Reduction and Recall. 1. In the case of a personnel reduction, probationary the Town shall consider employees’ qualifications and performance. When qualifications and performance are equal, including those deemed "temporary" by the Town, Bargaining Unit seniority shall be laid off prior the determining factor in the decision to any permanent employeelayoff. 2. For In the purpose event of a permanent lack of work the displaced employee(s) shall have the right of replacing another employee(s) in any classification by virtue of Bargaining Unit Seniority for which they are qualified and have Bargaining Unit Seniority. Such placement shall be at the employee’s present step except that in no case shall such placement result in a wage rate in excess of the maximum rate of the lower classification. Displaced employee(s) shall have the same right of reassignment as referred to in this article, all employees who have achieved ten (10) years of service with the Department will be considered “tenured” and exempt from the layoff process until such time as all non-tenured employees have been laid-off. All non-tenured Unit members will form the initial list from which the personnel reduction will be made. Department seniority will be the primary, but not the only consideration in personnel reductionsection. 3. The Town agrees that no member of this Unit who was an employee on July 1, 2005 shall be subject to any layoff or demotions during their respective careers with the Town except for just cause. 4. All future reductions in workforce shall occur as outlined in this Agreement except that if there is any staffing reduction involving those members who were employed at the time of the consolidation or merger, or who were hired as a result of an East Derry layoff, or who were employed by the Derry Fire Department at the time those employees were hired, it shall be limited to attrition only. 5. It is understood that the Department must maintain certain numbers of members with specialized skills (i.e. paramedics, dispatchers) to satisfy contractual obligations. If layoffs would affect the Department's ability to provide these services, the employee possessing the required skills may be excluded, and the next member with the least seniority, without consideration of the employees Unit, could be affected. Should such a situation arise, the Union reserves the right to consultation with Management regarding the affected employee(s). 6. The names of employees laid off from the Unit bargaining unit will be maintained on a recall list for twenty-four two (242) monthsyears from the date of such lay off by the Town. A copy of this list shall be forwarded to the Secretary of the Local 4392 #1801, within ten (10) days. 7. Such employees will be offered recall when or if vacancies occur in the Unit. Employees shall be recalled in the order of their seniority and qualification. No new employee shall be hired until all laid-off employees have been given an opportunity to return to work. 8bargaining unit for which they are qualified. If a laid-laid off employee is notified by telephone or by certified letter, letter sent to his his/her last known address on the records of the Fire Department Town to return to work, he he/she must notify the Department in person, or by certified mail, Town within five three (53) business days of the notification of his or her intention to accept, reject or accept and must report to work within fourteen two (142) days weeks of such notification, acceptance or he he/she shall cease to have any rights based on seniority and shall be removed from the recall list. 9. Should an opening occur within the Department, in a position other than that in which the next eligible employee worked prior to being laid-off, he may refuse this opening without affecting his position on the recall list. 10terminated. Recalled employees who return to work will be credited with prior length of service. Employees recalled after twelve (12) months must certify at Firefighter/EMS level held at the time of the layoff and pass a physical exam provided such employee has not withdrawn his contribution from the State Fire Fighters Retirement System. 114. In cases of personnel reduction, probationary, and part-time employees shall be laid off prior to any permanent full-time employee, except in specialized positions where such action would diminish the event effectiveness of a layoff or reduction in the Officer’s UnitDepartment, members of this unit may be bumped by an officer with more department seniority then they have and said employee may bump down to dispatch as long as said employee has more department seniority than the least senior dispatcherfor example Evidence Clerk. 12. In the event that the Town determines the need for any reductions they shall commence discussions with the Union to discuss alternative solutions to layoffs. 13. In the event that the Town determines the need for reductions they agree to notify the Unit of any “buy-out package”. Such a package will be offered to all Unit members.