Common use of PERSONNEL REDUCTION Clause in Contracts

PERSONNEL REDUCTION. Section 1 In the event of layoffs in connection with decreasing the work force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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PERSONNEL REDUCTION. Section 1 In the event of layoffs in connection with decreasing the work force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12FY09-FY14FY11

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In the event of layoffs in connection with decreasing the work force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12FY14-FY14FY17

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In 16.1 The Department Supervisor, at the event direction of layoffs in connection with decreasing the Mayor, shall lay off Employees for lack of work force, and the recall to work or lack of people so laid off, the following consideration shall governfunds. Skill and ability as determined by reference to the employee's work record, and length of service The Employee shall be the determining factors; however, employees given at least sixty (60) days written notice before such a lay-off is effective. No Employee shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, and over 5 years seniority. In case of layoff, all employees while another person in the lowest seniority category same position is employed on a trial or temporary basis. No Bargaining Unit member shall be laid off before proceeding to layoff of anyone while another person in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same position is employed on a probationary or temporary basis. In determining which Employee in any position is to be laid off, consideration is to be given to seniority within a category shall draw lots and individual performance in the position to determine the order of layoffbe affected. No new employees Employee shall be hired until all the laid off employees have Employee has been given the opportunity to return to work. 16.2 The order in which Employees will be relaid off shall be determined based on job classification seniority (Article 17, Section 17.4). When an Employee is identified for a layoff or reduction-hiredin-force, he/she shall be permitted to move into a job or classification which he/she currently holds or has previously held, provided that the Employee meets the minimum qualifications for the job. In doing so, he/she may “bump” the least senior Employee in that job classification within the Bargaining Unit. 16.3 The Parties agree to protect and preserve work historically performed by Employees covered by this Agreement and work historically performed by work crews, volunteers and other Non-Bargaining Unit Employees. 16.4 Employees shall retain department seniority and recall from lay-off, for up to 24 months. The laid-off Employee shall have the first right of refusal to fill a vacancy in his/her affected position. Employees who have been laid must respond to a lay-off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten recall within seven (107) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City receipt of their intention to, or not to, return to the employ of the Cityrecall notice, and shall must report to work no later than fourteen (14) additional days. Failure to respond to a recall notice shall constitute forfeiture of recall rights; unless the Employee has notified the Employer of his unavailability to respond for a specific period of time, not to exceed fifteen (15) days from receipt of said notice to rehiredays. If an employee fails to Employees must notify the City within the ten (10) calendar day period Employer of his/her intentions address and telephone number changes to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she permit appropriate recall notification. Recall notice shall be considered permanently severed from the employ of the Cityby certified mail, return receipt requested. At the time of a layoff the City All Employee responses and notifications shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior be in writing and addressed to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoffHuman Resources Director. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14

Appears in 1 contract

Samples: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In the event case of layoffs in connection with decreasing the work force, and the recall to work of people so laid offa personnel reduction, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, employees employee who has already entered DROP shall be laid off first (starting 10-1-18), followed by category of the Employee with the least seniority. There Employees shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, and over 5 years recalled in the order of their seniority. In case With the exception of the DROP employees, no new employee shall be hired until the laid off employee has been given ample opportunity (in writing) to return to work. The employer shall notify the union of the need to reduce the number of employees who are within the bargaining unit at least 180 days before the effective date of the layoff. Such notice shall be given in writing addressed to the Union by certified mail. The notice shall disclose the number of positions affected and the effective date of the layoff. Immediately after issuing the notice, the District shall give the Union a reasonable period of time, of not less than 14 days, within which it shall meet and confer with the Union to discuss such action. The District shall respond to any proposal which the Union may make in response to the subject matter of notice. Each employee who is to be laid off as a consequence of reduction in force shall be given written notice, at least 120 days before such action is to occur, the date, purpose and the nature of the action that is to be taken with regard to him or her. A copy of this notice shall be delivered to the Union in a timely manner. An employee who is laid off shall be paid for all earned and unused time off, holiday and severance pay. While on layoff, it is the responsibility of the employee to maintain all employees in licenses and certifications which are required by the lowest seniority category job description to be eligible for recall. Bargaining Unit Employees shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the reverse order of layoff. No new employees departmental seniority; the least senior employee within the bargaining unit shall be hired until all laid off employees have been given the opportunity first, without regard to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, rank or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoffclassification. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14

Appears in 1 contract

Samples: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 8.1 In the event of layoffs personnel reduction in connection with decreasing the work working force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's ’s work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. For the purposes of personnel reduction, part-time employees, then probationary, then full-time employees shall be terminated, in this order, provided there are available employees remaining in the group with seniority who are willing and qualified to efficiently perform the work of those displaced. Employees having the same seniority within a category shall draw lots to determine the order of layofflay-off. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hiredrehired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs lay off when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City CITY shall give laid off employees ten (10) calendar days notice of its intention to rehire. The employees shall shall, within this ten (10) days period day period, notify the City CITY of their intention to, or not to, return to the employ of the City, CITY and shall report to work no later than fifteen (15) days from the receipt of said notice to rehire. If an employee fails to notify the City CITY within the ten (10) calendar day period of his/her his intentions to return to work, or fails to report to work within the fifteen (15) calendar days from the date of notice, he/she he shall be considered permanently severed from the employ of the CityCITY. At the time of a layoff rehire the City shall provide all laid off employees with a complete physical examination. At CITY may require, at the time of rehireCITY’S expense, the City may require a physical examination prior to the employee's ’s return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment reemployment and removed from the employment list. The City CITY shall not be obligated to rehire laid off employees who have been laid off for five more than eighteen (518) or more consecutive calendar yearsmonths, beginning from the date of layofflay off. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 8.2 Nothing in this ARTICLE Article shall limit the ability of the City CITY to provide for a compliment complement of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14Budget.

Appears in 1 contract

Samples: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In The City recognizes the event principle of layoffs seniority. Seniority means that period from the employee’s most recent first day of compensated work for the City in connection with decreasing a position covered by this Agreement. An employee’s seniority can be broken so that no prior period of employment is counted. The employee’s seniority shall cease upon: • Justifiable discharge; • Voluntary quit; • Failure of the work force, and the recall employee to return to work after expiration of people so laid off, a temporary disability leave; • Leaving the following consideration shall governbargaining unit to accept a position with the City outside of the bargaining unit; • Failure of the employee to notify the City of his/her willingness to return to work upon recall from an indefinite layoff within fourteen (14) calendar days after receipt of written notice from the City at his last known address appearing on the City’s records; or • Xxxxxx (a reduction in force) exceeding eighteen (18) months. Skill and ability as determined by reference May be extended at the discretion of the Fire Chief for up to one (1) additional year. The employee with the employee's work record, and shortest length of continuous service shall be the determining factors; however, employees in a position covered by this Agreement shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available workfirst. The City shall give provide two (2) weeks’ written notice to an employee prior to layoff. In the case of recall, those employees laid off employees ten (10) days notice last shall be recalled first. An employee on layoff must keep both the City and the Union informed of its intention the address and telephone number where he or she may be contacted. When the City is unable to rehire. The employees contact an employee who is on layoff for recall, the City shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehireUnion in writing. If an employee fails to notify neither the Union nor the City is able to contact the employee within the ten fourteen (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (1514) calendar days from the date of noticetime the Union is notified, he/she shall be considered permanently severed from the employ of the City. At ’s obligation to recall the time of a layoff the City employee shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment listcease. The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period of one (1) year. Should an employee not be obligated return to rehire laid off employees who work within fourteen (14) calendar days after recall, the City shall have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior no further obligation to the layoffemployee to recall. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14

Appears in 1 contract

Samples: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In the event of layoffs in connection with decreasing the work force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, Probationary employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, entitled to recall and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience required to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of complete his/her intentions remaining probationary period upon recall. An employee bumping into or being rehired per this Section 3.3.H into a temporary position will assume the status of a temporary employee without the loss of recall rights. Furthermore, any laid off employee that refuses to return to work, accept a temporary position shall not lose his or fails to report to work within fifteen (15) calendar days her recall rights. Employees hired back in a temporary status shall not have the recall rights extended from the date of notice, he/time that he or she shall be considered permanently severed has been terminated from the employ of the Citytemporary position. At the time of a layoff the City The twenty-four (24) month recall period shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to remain in effect from the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list’s original layoff date. The City shall not be obligated to rehire laid off All employees who have been laid off shall also have the right to apply and compete for five any vacancies posted for recruitment in the City. Employees applying for a position within the bargaining unit which they have not previously held, and who meet the minimum qualifications for the job, shall be given preferential consideration over other applicants outside the bargaining unit when the position is filled. Preferential consideration shall be limited to twenty-four (524) months. Refusal to accept or more consecutive calendar years, beginning from acceptance of regular full-time (or regular part-time if the date of layoff. Section 2 Employees employee was laid off under provisions from a regular part-time position) employment offered by the City of Kent during this ARTICLE, who period in the classification occupied at the time of layoff had existing and established work-connected injurieslayoff, may shall terminate the employee’s recall right. Acceptance of a lower compensated position within the bargaining unit shall not be denied re-employment during terminate the five (5) year call-back period because of these work-connected injuries as existing and established incumbent’s recall right. If an employee is recalled to a classification in the pay range they occupied prior to the layoff. Section 3 Nothing in this ARTICLE , the employee shall limit return to the ability salary step occupied prior to the layoff and given credit for time spent within that salary step. The employee shall have three (3) working days to either accept or refuse the recall position. Employees recalled to a lower compensated classification shall be compensated at a salary range of the City to provide for a compliment of officers and departmental personnel deemed in position they are transferred to. Placement within the judgment salary range shall be at the step closest but not lower than the employee’s previous compensation unless the previous salary exceeds the top step of the Chief necessary for new salary range. At which time, the proper administration employee shall be placed at the top step of the affairs of the Department and as provided new pay range. The employee shall be given credit for time served within the Departmental budgetsalary step. Collective Bargaining Agreement Dover Professional Firefighters Association FY12Employees recalled within the twenty-FY14four (24) month period shall be credited with any leave amounts that were not cashed out at time of layoff.

Appears in 1 contract

Samples: Labor Agreement

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PERSONNEL REDUCTION. Section 1 In The City recognizes the event principle of layoffs seniority. Seniority means that period from the employee’s most recent first day of compensated work for the City in connection with decreasing a position covered by this Agreement. An employee’s seniority can be broken so that no prior period of employment is counted. The employee’s seniority shall cease upon:  Justifiable discharge;  Voluntary quit;  Failure of the work force, and the recall employee to return to work after expiration of people so laid off, a temporary disability leave;  Leaving the following consideration shall governbargaining unit to accept a position with the City outside of the bargaining unit;  Failure of the employee to notify the City of his/her willingness to return to work upon recall from an indefinite layoff within fourteen (14) calendar days after receipt of written notice from the City at his last known address appearing on the City’s records; or  Layoff (a reduction in force) exceeding eighteen (18) months. Skill and ability as determined by reference May be extended at the discretion of the Fire Chief for up to one (1) additional year. The employee with the employee's work record, and shortest length of continuous service shall be the determining factors; however, employees in a position covered by this Agreement shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available workfirst. The City shall give provide two (2) weeks’ written notice to an employee prior to layoff. In the case of recall, those employees laid off employees ten (10) days notice last shall be recalled first. An employee on layoff must keep both the City and the Union informed of its intention the address and telephone number where he or she may be contacted. When the City is unable to rehire. The employees contact an employee who is on layoff for recall, the City shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehireUnion in writing. If an employee fails to notify neither the Union nor the City is able to contact the employee within the ten fourteen (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (1514) calendar days from the date of noticetime the Union is notified, he/she shall be considered permanently severed from the employ of the City. At ’s obligation to recall the time of a layoff the City employee shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment listcease. The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period of one (1) year. Should an employee not be obligated return to rehire laid off employees who work within fourteen (14) calendar days after recall, the City shall have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior no further obligation to the layoffemployee to recall. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14

Appears in 1 contract

Samples: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section SECTION 1 In the event of layoffs a reduction in connection with decreasing the work forcenumber of employees in the Transportation and/or Maintenance Divisions, and the recall to work of people so laid offother than Road Ranger or Road Ranger Tech C, the following consideration shall govern. Skill and ability as determined by reference due to the employee's work record, and length lack of service shall be the determining factors; howeverwork, employees shall be laid off by category in reverse order of senioritytheir system- wide seniority within their classification. There shall Any maintenance employee affected will be three given an opportunity to bump into a lower classification (3seniority prevailing) seniority categories: probationaryto keep from being furloughed. SECTION 2 In the event of a recall, 1 yearto 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be such laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment called back in the inverse order of layoffs when they are needed againtheir layoff, provided they are physically qualified provided, however, that this Agreement, or any renewal, amendment, or extension thereof is still in effect, and possess sufficient training and experience no more than eighteen (18) months has elapsed since the employee’s last layoff. SECTION 3 Employees will be called back to perform service according to the duties of following procedure: the available workAuthority will advise each employee, to be recalled, by certified United States mail, return receipt requested, to his last known address. The City employee shall give laid off employees ten (10) days have the obligation to provide the Authority with his current address for the purpose of receiving mail. An employee, receiving a notice of its intention recall, xxxx immediately inform the Authority of his intent to rehire. The employees shall accept or reject the recall order within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar yearsworking days after the receipt of the notice of recall. An employee, beginning from who has notified the date Authority of layoffhis acceptance of recall and who, thereafter, fails to report at the specific time, shall forfeit all rights. Section 2 Employees SECTION 4 An employee, who has been laid off under provisions of this ARTICLEdue to a reduction in the work force, who at the time of layoff had existing and established work-connected injuries, may not shall be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide given preference over new hires for job openings outside his job classification or department for a compliment period of officers and departmental personnel deemed in eighteen (18) months after his layoff, as long as he is qualified to perform the judgment job for which he is applying. In the event of competing applications by qualified laid off employees, seniority with the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14Authority will govern.

Appears in 1 contract

Samples: Labor Agreement

PERSONNEL REDUCTION. Section 1 In 9.1 If the event of layoffs in connection with decreasing City decides to reduce the work force, and the recall to work of people so laid offDepartment personnel covered by this Agreement, the following consideration shall govern. Skill and ability as determined by reference to employee with the employee's work record, and length of service shall be least seniority in the determining factors; however, employees affected classification shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, first and over 5 years seniority. In case of layoff, all employees rehired in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the inverse order of layoff. No new employees bargaining unit members in the affected classification shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment for twelve (12) months or less have been given an opportunity to return to work. 9.2 Employees who are laid off shall have recall rights in the inverse order of layoffs when they are needed againthe layoff; that is, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give last person laid off employees ten (10) days notice of its intention in the affected classification shall have first right to rehirerecall if he/she has the qualifications for the job to be performed. The employees Employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day have recall rights for a period of 18 months from the date laid off. Employees who are laid off shall be responsible for notifying the Personnel Department of any change of address. 9.3 When a vacancy in the bargaining unit occurs from which the employee was laid off, then he/she shall be notified by certified mail at his/her intentions last known address to return to work, or fails to report to work within fifteen contact the Department. The employee shall have twenty-one (1521) calendar days from the date of noticenotification to be available to return to work. If the employee does not reply to the notification within twenty-one (21) calendar days then such employee's name shall be removed from the recall list and no further consideration shall be given to the recall of said employee. If the employee contacts the Department within the twenty-one (21) calendar days but is not able to report to work, due to health, physical or other sound reasons then such employee shall be passed over for the immediate recall, but shall remain on the list for future recall within the agreed to 18 month period. 9.4 During the time an employee is laid off he/she shall be considered permanently severed from the employ of the City. At retain seniority rights but shall not accrue any benefits during the time of a layoff the City shall provide all laid off employees with a complete physical examinationlayoff. At the time Such retention of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City seniority rights shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning extend beyond 18 months from the date of layoffthe employee was laid off. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14

Appears in 1 contract

Samples: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 ‌ A. In the event case of layoffs reduction in connection with decreasing the work force, and personnel of members of the recall to work Fire Department of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length Town of service shall be the determining factors; howeverNorth Kingstown, employees with the least seniority shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layofffirst. No new employees in the Fire Department shall be hired until all employees that were previously laid off employees in all personnel reductions have first been given the opportunity to return to his position and work within the Fire Department. B. Employees who are laid off shall be re-hiredplaced on a recall list for a period of two (2) years. If there is a recall, employees who are on the recall list, and still qualified physically, shall be called in the inverse order of their layoff. Provided, however, said recalled employees shall be subjected to and pass successfully a physical examination, and said physical examination shall be the same medical and physical examination given to any new employee, but shall not include a so called “agility test”. C. Employees who are eligible for recall shall be given thirty calendar days' notice for recall. Notice of recall shall be sent to the employee by certified or registered mail with a copy to the Bargaining Agent, provided that the employee must notify the Personnel Director of the Town of North Kingstown of his intention to return within fourteen (14) days after receiving notice of recall. The Town shall be deemed to have fulfilled its obligations by mailing the recall notice by registered or certified mail, return receipt requested, to the mailing address provided by the employee, it being the obligation and responsibility of the employee to provide the Town with his latest mailing address. D. No employee shall be laid off unless they are given a two (2) weeks' notice by the Town prior to the effective date of the layoff. E. Employees who have been laid off will be offered re-employment in by the inverse order of layoffs when they are needed againTown upon recall by the Town, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she time while on layoff shall be considered permanently severed from counted as continuous service on the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off department for five (5) or more consecutive calendar years, beginning from the date of layoffpromotional purpose only. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14

Appears in 1 contract

Samples: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 Personnel reduction is defined as an involuntary separation from employment not involving delinquency, misconduct, inefficiency, or disciplinary action. Whenever such personnel reduction occurs and it becomes necessary to reduce the number of employees within the CITY, the following regulations shall apply: 1. The person last hired shall be “laid off” first. Not including Temporary positions. 2. In the event that multiple persons were hired on the same day, the person with the lowest cumulative testing score shall be laid off first. 3. The names of those laid off shall be entered into a recall register in inverse order of their layoff. The recall register shall be signed and dated by the Fire Chief and CITY Administrator at the time of any personnel reductions. The printed copy and a computer disk backup copy shall be kept in CITY records. 4. When it is desired to again increase the number of personnel, the CITY shall verify all of those laid off correctly appear on the recall register. Any mailed notifications of recall shall be overnight registered mailed to the individual. Any person who declines to return for employment with the CITY, or who after 10 business days of receipt of mailed recall notice has failed to accept recall of employment, shall be considered permanently separated from the CITY. 5. In the event of layoffs in connection with decreasing a previously promoted officer or employee returns to duty, or the work force, and the recall to work number of people so laid offofficers holding that rank is reduced, the following consideration last officer or employee promoted shall govern. Skill and ability as determined by reference be returned to the employee's work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 yearto 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, rank he/she shall be considered permanently severed held before. 6. Officers or employees who are laid off prior to completion of their probationary period must complete the remainder of their probationary period upon recall. 7. The CITY must honor the list for a minimum one (1) year from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layofflay- off. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY12-FY14

Appears in 1 contract

Samples: Collective Bargaining Agreement

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