Common use of POSITION ABOLISHMENT Clause in Contracts

POSITION ABOLISHMENT. When a position becomes vacant due to the promotion, demotion, separation, death, resignation, transfer; reassignment of the incumbent, or for any reason, the Fire Chief shall have full discretion to determine whether the position is to be filled or to be abolished within thirty (30) business days of the vacancy. In the event that the Fire Chief determines to fill the position, the procedures regarding Filling of Positions as set forth in this agreement in Section 1 shall be followed. In the event that the Fire Chief determines to abolish a vacant position, the position shall be abolished and deleted from the Fire Department Listing (Table of Organization). In any such abolishment, neither the City nor the Civil Service Commission shall be required to hold an examination where no list of eligible candidates is in existence for such position. When a list of eligible candidates is in existence and the position to be abolished is vacant, promotion shall be effected according to this agreement from such list immediately prior to the abolishment of the position and recall rights shall ensue according to law. The employee promoted to the position to be abolished shall be demoted to the position occupied immediately prior to the promotion. Such promotion and abolishment shall not create any vacancy at any lower ranks that would require any other related promotions or examinations. When the abolishment of a vacant position occurs and there is no eligible list, no related demotions and/or layoffs are required. When the abolishment of a vacant position occurs, and there is a list, demotions back to positions occupied immediately prior to promotion shall occur according to law, but no related layoff shall be required. The Fire Chief shall also have full discretion in accord with the terms of this agreement to abolish any position that is filled. In the event the Fire Chief determines that a filled position should be abolished for managerial reasons including, without limit, reorganization for efficiency or economy or for lack of work or funds, he may do so upon Thirty (30) days written notice to the incumbent and the bargaining representative. When such an abolishment occurs, it shall be within the managerial discretion of the Fire Chief to determine whether related demotions and/or layoffs down through the ranks are required. It is expressly agreed that the contractual provisions contained in this section are intended to modify or replace the application of the statutory terms set forth in Ohio Revised Code §124.37, Ohio Revised Code §124.321 and any other statute or regulation related to abolishing uniformed civil service positions in the Fire Department. Any provision of Ohio Revised Code §124.37 and Ohio Revised Code §124.321 or related statutes or regulations which may apply to the abolishment of positions, which provision is in conflict with the terms of this Article, shall be null and suspended, shall be not binding upon these parties and shall be superseded and replaced by the terms of this article. This Article shall also modify or replace any subsequent legislative enactments or administrative regulations concerning the abolishment of such positions and in conflict with the provisions of this Article.

POSITION ABOLISHMENT. When In lieu of Article 23 the following shall apply: (a) The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the work assignment elimination process. (b) The Employer shall give a Part-time Employee, whose assignment has been on-going, and the Union at least ninety (90) calendar days prior written notice that the Employee’s Part-time position becomes vacant due is being eliminated. (c) Where two (2) or more Part-time Employees who are performing the same or similar functions in the same job classification within a single work location have their on-going assignments eliminated, they shall be eliminated in reverse order of seniority provided those retained are qualified and able to perform the work. (d) The Employee may resign in writing and receive pay at the Employee’s regular rate in lieu of part of the notice specified in (b) to a maximum of two (2) months’ pay based on the average of the last twenty-six (26) full consecutive bi-weekly pay periods of scheduled work. If eligible, the Employee may retire pursuant to the promotionPublic Service Pension Plans Act with such retirement to be effective on or after the date notice pursuant to (b) expires. However, demotion, separation, death, resignation, transfer; reassignment if the Employee resigns and retires before the end of the incumbent, or for any reasonnotice period, the Fire Chief Employee shall not receive pay in lieu of notice. (e) A Part-time Employee who has more than one (1) year of continuous employment immediately preceding the notice of elimination, and who has not resigned in writing or retired, pursuant to (d), shall be entitled to the rights set out in the following clauses. (f) An Employee whose permanent Part-time position has been eliminated and for whom the Employer has not arranged ongoing permanent Part-time employment within AGLC or with any successor employer shall be eligible for: (i) during the first two (2) weeks of the written notice period, the division shall fill all available comparable Part-time positions in the division and work unit through competitions limited exclusively to those Employees whose Part-time positions have full discretion been eliminated. The Employer shall undertake to determine whether notify those Employees of all such available positions; (ii) where no alternative positions are available to the Employee being eliminated, the Employer shall fill all available comparable on- going Part-time positions throughout AGLC by operating competitions limited exclusively to such Part-time Employees; (iii) where no alternate position is found for one (1) or more Employees under paragraph (ii), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLC; (iv) Employee(s) released from AGLC under (iii) shall be vested with the right to be filled or appointed to the first available comparable on-going Part-time positions through competition limited exclusively to such Employee(s). The vesting will last ten (10) full consecutive bi- weekly pay periods commencing with the day following the release of the Employee(s) and shall run concurrent with clause 45.21. The Employer shall undertake to notify those Employees of all such available assignments; (v) during the ten (10) full consecutive bi-weekly pay period of vesting, an Employee shall be eligible to continue to be abolished within thirty (30) business days covered in the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee premium contributions for these benefits, if applicable, shall continue. Prior arrangements for the payment of the vacancy. In the event that the Fire Chief determines to fill the position, the procedures regarding Filling Employee premium of Positions as set forth in this agreement in Section 1 contributory benefits shall be followed. In the event that the Fire Chief determines to abolish a vacant position, the position shall be abolished and deleted from the Fire Department Listing (Table of Organization). In any such abolishment, neither the City nor the Civil Service Commission shall be required to hold an examination where no list of eligible candidates is in existence for such position. When a list of eligible candidates is in existence and the position to be abolished is vacant, promotion shall be effected according to this agreement from such list immediately made prior to the abolishment of the position and recall rights shall ensue according vesting period commencing. (g) If a Part-time Employee is released from AGLC pursuant to law. The employee promoted to the position to be abolished shall be demoted to the position occupied immediately prior to the promotion. Such promotion and abolishment shall not create any vacancy at any lower ranks that would require any other related promotions or examinations. When the abolishment of a vacant position occurs and there is no eligible list, no related demotions and/or layoffs are required. When the abolishment of a vacant position occurs(e) (iii), and there is a listcasual Employee employed in the same work unit, demotions back as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, the Employee becomes a Casual Employee and the displaced casual Employee will be immediately released from AGLC. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in (e) (iv), continue to apply for the ten (10) full consecutive bi-weekly pay periods. (h) When competitions limited to Part-time Employees whose permanent part- time positions occupied immediately prior have been eliminated and are held pursuant to promotion (e), the division in which the available position is located, shall occur according fill the position from amongst those Part-time Employees to lawwhom the competition is limited, but no related layoff provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available positions or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be required. The Fire Chief shall also have full discretion eligible for the assignment in accord with the terms order of this agreement to abolish any position that is filled. In the event the Fire Chief determines that a filled position should be abolished for managerial reasons including, without limit, reorganization for efficiency or economy or for lack of work or funds, he may do so upon Thirty their seniority. (30i) days written notice to the incumbent and the bargaining representative. When such an abolishment occurs, it shall be within the managerial discretion of the Fire Chief to determine whether related demotions and/or layoffs down through the ranks are required. It is expressly agreed that the contractual provisions contained in this section are intended to modify or replace Under the application of the statutory terms set forth in Ohio Revised Code §124.37, Ohio Revised Code §124.321 and any other statute or regulation related to abolishing uniformed civil service positions in the Fire Department. Any provision of Ohio Revised Code §124.37 and Ohio Revised Code §124.321 or related statutes or regulations which may apply to the abolishment of positions, which provision is in conflict with the terms of this Article, an Employee placed into a position which has a maximum salary rate less than the salary rate the Employee was receiving upon the date of position eliminated shall be null have the Employee’s salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new Position equals or surpasses the Employee’s existing salary rate. (j) An Employee, who accepts a Part-time position with a lower maximum salary pursuant to (i), shall have the vested rights set out in (e) (iv) continue to apply for the ten (10) full consecutive bi-weekly pay periods. (k) An Employee who refuses without good and suspendedsatisfactory reason to accept an alternate permanent Part-time position, with the same or a higher maximum salary as the position the Employee was in upon at elimination, shall forfeit all vested rights pursuant to (f). (l) All reasonable associated expenses involving relocation, pursuant to (h), or competitions pursuant to (f), shall be not binding upon these parties paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual. (m) During the period of notice of elimination pursuant to (b), the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer. (n) At the end of the vesting period, an Employee who was released from AGLC pursuant to this Article and who is no longer employed by AGLC in any capacity is eligible for severance pay pursuant to Clause 45.06. Employees, who at the end of the vesting period are still employed by AGLC in a casual assignment, shall be superseded and replaced by the terms of this articleeligible for severance pay pursuant to Clause 45.06 when such casual employment terminates. This Article shall also modify Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or replace any subsequent legislative enactments or administrative regulations concerning the abolishment of such positions and who refused an alternate on-going assignment at no loss in conflict with the salary. (o) Notwithstanding other provisions of this Article, an Employee who is released from the Employer may choose to waive the Employee’s vested right under (f) (iv) and elect to receive severance pay at the time the Employee is released that the Employee would have been eligible to receive under the Letter of Understanding on Voluntary Separation Allowance.

POSITION ABOLISHMENT. When 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the position becomes vacant due abolishment process. 23.02 Where two (2) or more permanent Employees who are performing the same or similar functions in the same job classification within a single work location have their positions abolished they shall be abolished in reverse order of seniority provided those retained are qualified and able to perform the promotion, demotion, separation, death, resignation, transfer; reassignment of available work. 23.03 The Employer shall give a permanent Employee and the incumbent, or for any reason, Union at least ninety (90) calendar days prior written notice that the Fire Chief shall have full discretion to determine whether the Employee's position is to be filled or abolished. 23.04 The Employee may resign in writing and receive pay at the Employee’s regular rate in lieu of part of the notice specified in Clause 23.03 to a maximum of two (2) months’ pay. If eligible, the Employee may retire pursuant to the Public Service Pension Plans Act with such retirement to be abolished within thirty (30) business days effective on or after the date notice pursuant to Clause 23.03 expires, however, if the Employee resigns and retires before the end of the vacancy. In the event that the Fire Chief determines to fill the positionnotice period, the procedures regarding Filling Employee shall not receive pay in lieu of Positions as set forth notice. 23.05 A permanent Employee who has more than one (1) year of continuous employment immediately preceding the notice of position abolishment, and who has not resigned in this agreement in Section 1 writing or retired, pursuant to Clause 23.03, shall be followed. In entitled to the event that rights set out in the Fire Chief determines to abolish a vacant positionfollowing clauses. 23.06 An Employee whose position is declared abolished and for whom the Employer has not arranged ongoing employment within AGLC or with any successor employer, shall be eligible for: (a) during the first two (2) weeks of the written notice period, the division shall fill all available comparable positions in the division and work unit through competitions limited exclusively to those Employees whose positions have been declared abolished. The Employer shall undertake to notify those Employees of all such available positions; (b) where no alternative position is available to the Employee of each abolished position under (a), the Employer shall fill all available comparable positions throughout AGLC by operating competitions limited exclusively to such Employees; (c) where no alternate position is found for one (1) or more Employees under paragraph (b), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLC; (d) Employee(s) released from AGLC under paragraph (c) shall be abolished vested with the right to be appointed to the first available comparable position(s) through competition limited exclusively to such Employee(s); such vesting to last one hundred and deleted from eighty (180) consecutive calendar days commencing with the Fire Department Listing day following the release of the Employee(s); the Employer shall undertake to notify those Employees of all such available positions. (Table of Organization). In any such abolishment, neither e) during the City nor the Civil Service Commission one hundred and eighty (180) day vesting period an Employee shall be required eligible to hold an examination where no list of eligible candidates is in existence for such position. When a list of eligible candidates is in existence and the position continue to be abolished is vacantcovered in the Dental Plan, promotion shall be effected according to this agreement from such list immediately prior to the abolishment of the position Extended Medical Care and recall rights shall ensue according to lawGroup Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The employee promoted Employer and Employee premium contributions for these benefits, if applicable, shall continue. 23.07 If a permanent Employee is released from AGLC pursuant to the position to be abolished shall be demoted to the position occupied immediately prior to the promotion. Such promotion and abolishment shall not create any vacancy at any lower ranks that would require any other related promotions or examinations. When the abolishment of a vacant position occurs and there is no eligible list, no related demotions and/or layoffs are required. When the abolishment of a vacant position occursClause 23.06 (c), and there is a listcasual Employee employed in the same work unit, demotions back as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, the Employee becomes a casual Employee and the displaced casual Employee will be immediately released from AGLC. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in Clause 23.06 (d) continue to apply for the full one hundred and eighty (180) calendar day period. 23.08 When competitions limited to Employees whose positions occupied immediately prior have been declared abolished are held pursuant to promotion Clause 23.06, the division in which the available position is located, shall occur according fill the position from amongst those Employees to lawwhom the competition is limited, but no related layoff provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available position(s) or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be required. The Fire Chief shall also have full discretion eligible for positions in accord with the terms order of this agreement to abolish any position that is filled. In the event the Fire Chief determines that a filled position should be abolished for managerial reasons including, without limit, reorganization for efficiency or economy or for lack of work or funds, he may do so upon Thirty (30) days written notice to the incumbent and the bargaining representative. When such an abolishment occurs, it shall be within the managerial discretion of the Fire Chief to determine whether related demotions and/or layoffs down through the ranks are required. It is expressly agreed that the contractual provisions contained in this section are intended to modify or replace their seniority. 23.09 Under the application of the statutory terms set forth in Ohio Revised Code §124.37, Ohio Revised Code §124.321 and any other statute or regulation related to abolishing uniformed civil service positions in the Fire Department. Any provision of Ohio Revised Code §124.37 and Ohio Revised Code §124.321 or related statutes or regulations which may apply to the abolishment of positions, which provision is in conflict with the terms of this Article, an Employee placed into a position which has a maximum salary rate less than the salary rate the Employee was receiving upon the date of position abolishment shall be null have the Employee’s salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position equals or surpasses the Employee’s existing salary rate. 23.10 An Employee who accepts a position with a lower maximum salary pursuant to Clause 23.08, shall have the vested rights set out in 23.06 (d) continue to apply for the full one hundred and suspendedeighty (180) calendar day period. 23.11 An Employee who refuses without good and satisfactory reason to accept an alternate permanent position, with the same or a higher maximum salary as the position, the Employee was in upon position abolishment, shall forfeit all vested rights pursuant to Clause 23.06. 23.12 All reasonable associated expenses involving relocation, pursuant to Clause 23.07, or competitions pursuant to Clause 23.06, shall be not binding upon these parties paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual. 23.13 During the period of notice of position abolishment pursuant to Clause 23.03, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer. 23.14 At the end of the vesting period, an Employee who was released from AGLC pursuant to this Article and who is no longer employed by AGLC in any capacity may be eligible for severance pay pursuant to Article 20, Severance Pay. Employees, who at the end of the vesting period are still employed by AGLC in some capacity other than a permanent position, shall be superseded and replaced by the terms of this articleeligible for severance pay pursuant to Article 20, Severance Pay when such non-permanent employment terminates. This Article shall also modify Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or replace any subsequent legislative enactments or administrative regulations concerning the abolishment of such positions and who refused an alternate position at no loss in conflict with the salary. 23.15 Notwithstanding other provisions of this Article, an Employee who is released from the Employer may choose to waive the Employee’s vested right under Clause 23.06 (d) and elect to receive severance pay at the time the Employee is released that they would have been eligible to receive under Clause 23.13.

POSITION ABOLISHMENT. 14.1 This Article applies to all Regular Employees who are affected by position abolishment. A position abolishment may occur as a result of reorganization for the efficient operation of the University, for reasons of economy or for lack of work that is expected to be permanent. The University recognizes that this Article is not to be used for disciplinary purposes and in making all determinations, shall act in good faith. NOTIFICATION TO THE ASSOCIATION 14.2 The University will meet with the Association at least ten (10) working days prior to implementing position abolishment to share information on the scope, impact and timing related to position abolishment, or as soon as reasonably possible. The parties will discuss the process for dealing with impacted Employee(s) and explore potential options to minimize the impact on Employee(s). 14.3 The Association will respect the confidentiality of any information provided by the University with respect to finances, organizational reviews, reorganizations, or abolishment. ORDER OF ABOLISHMENT 14.4 When a position, having the same job functions and classification as another position becomes vacant due to and supervised by the promotion, demotion, separation, death, resignation, transfer; reassignment of the incumbent, or for any reason, the Fire Chief shall have full discretion to determine whether the position same person is to be filled or abolished, Employee qualifications and competence shall be considered. 14.5 When the factors in Article 14.4 are determined to be abolished within thirty (30) business days relatively equal by the University and when doing so will not result in a significant risk of the vacancy. In the event that the Fire Chief determines to fill the position, the procedures regarding Filling of Positions as set forth in this agreement in Section 1 shall be followed. In the event that the Fire Chief determines to abolish a vacant position, the position shall be abolished and deleted from the Fire Department Listing (Table of Organization). In any such abolishment, neither the City nor the Civil Service Commission shall be required to hold an examination where no list of eligible candidates is in existence for such position. When a list of eligible candidates is in existence and the position to be abolished is vacant, promotion shall be effected according to this agreement from such list immediately prior harm to the abolishment of the position and recall rights shall ensue according to law. The employee promoted to University, the position to be abolished shall be demoted the one occupied by the Employee with the shortest length of continuing service with the University, unless another Employee volunteers in writing to the have their position occupied immediately prior to the promotion. Such promotion and abolishment shall not create any vacancy at any lower ranks that would require any other related promotions or examinations. When the abolishment of a vacant position occurs and there is no eligible list, no related demotions and/or layoffs are required. When the abolishment of a vacant position occursabolished, and there is a list, demotions back to positions occupied immediately prior to promotion shall occur according to law, but no related layoff shall be required. The Fire Chief shall also have full discretion in accord with the terms of this agreement University agrees to abolish any position that is filled. position. 14.6 In the event that any position in the Fire Chief determines that a filled position should be abolished for managerial reasons includingbargaining unit is abolished, without limit, reorganization for efficiency or economy or for lack of work or funds, he may do so upon Thirty (30) days written notice the University shall provide to the incumbent and the bargaining representative. When such an abolishment occurs, it shall be within the managerial discretion of the Fire Chief to determine whether related demotions and/or layoffs down through the ranks are required. It is expressly agreed that the contractual provisions contained in this section are intended to modify or replace the application of the statutory terms set forth in Ohio Revised Code §124.37, Ohio Revised Code §124.321 Employee a payment for all accrued vacation pay and any other statute or regulation related earned entitlement pay. ABOLISHMENT PAY 14.7 Abolishment pay in respect of loss of employment is calculated to abolishing uniformed civil service positions in the Fire Department. Any provision be of Ohio Revised Code §124.37 and Ohio Revised Code §124.321 or related statutes or regulations which may apply three (3) weeks of salary for each year of completed service, calculated to the abolishment nearest month, to a maximum payment of positions, which provision is in conflict with the terms 52 weeks of this Article, salary. A partial month worked shall be null and suspendedcounted as a full month for the purposes of determining completed service. (a) An Employee who has completed fifteen (15) years of service at the time of abolishment will receive an additional three (3) weeks of salary added to the standard calculation, increasing the maximum payment up to 55 weeks of salary. For clarification, a week’s salary is calculated based on hours per week x hourly rate. Each month or partial month worked shall be not binding upon these parties calculated as 1/12. For example, an Employee who has completed 5 years, 4 months and 3 weeks of service shall be superseded and replaced by the terms of this article. This Article shall also modify or replace any subsequent legislative enactments or administrative regulations concerning the abolishment of such positions and in conflict with the provisions of this Article.paid as follows: