Common use of Re-Employment and Promotion Rights Clause in Contracts

Re-Employment and Promotion Rights. Employees bumped back to a lower classification shall be eligible to promote to vacancies in the previously held higher classification, or any lower classification within the appropriate division, by Order of Seniority in Classification in that higher classification. Specifically: • Employees above the classifications of Police Support Services Specialist and Communications Dispatcher who volunteer to be laid-off pursuant to Step 2 above shall be eligible to fill vacancies in that previously held classification, or any lower classification, by Order of Seniority in Classification in that classification, during the Re-Employment Eligibility Period as defined below. • Police Support Services Specialists, and Lead Police Support Services Specialists laid-off, or volunteering to be laid-off pursuant to Step 2 above, shall be eligible to fill Record Specialist vacancies, by Order of Bargaining Unit Seniority, during the Re-Employment Eligibility Period. • Communications Dispatchers, and Lead Communications Dispatchers laid-off, or volunteering to be laid-off pursuant to Step 2 above, shall be eligible to fill Communications Dispatcher vacancies, by Order of Bargaining Unit Seniority, during the Re-Employment Eligibility Period. In all cases, the eligible employee with the highest Seniority in Classification shall be entitled to the opening, provided that such eligible employee must be a "Qualified Employee", which for the purposes of this Section shall be defined as an individual who (a) meets the then current employment standards, and (b) if the Re-Employment Offer is more than twenty-four (24) months after the Effective Date. Any employee re-employed or promoted pursuant to this Section who was on probation as of the Effective Date shall complete the probation period upon re- employment or promotion, without any credit for the period between the Effective Date and the first date of re-employment or promotion pursuant to this Section.

Re-Employment and Promotion Rights. Employees bumped back to a lower classification rank shall be eligible to promote to vacancies in the previously held higher classificationrank, or any lower classification within the appropriate divisionrank, by Order of Seniority in Classification Rank in that higher classificationrank. Specifically: • Employees above the classifications rank of Police Support Services Specialist and Communications Dispatcher Fire Fighter who volunteer to be laid-off pursuant to Step 2 above shall be eligible to fill vacancies in that previously held classificationrank, or any lower classificationrank, by Order of Seniority in Classification Rank in that classificationrank, during the Re-Employment Eligibility Period Period, as defined below. • Police Support Services Specialists, and Lead Police Support Services Specialists Employees laid-off, or volunteering to be laid-off pursuant to Step 2 above, shall be eligible to fill Record Specialist Fire Fighter vacancies, by Order of Bargaining Unit Seniority, during the Re-Employment Eligibility Period. • Communications Dispatchers, and Lead Communications Dispatchers laid-off, or volunteering to be laid-off pursuant to Step 2 above, shall be eligible to fill Communications Dispatcher vacancies, by Order of Bargaining Unit Department Seniority, during the Re-Employment Eligibility Period. In all cases, the eligible employee with the highest Seniority in Classification Rank shall be entitled to the opening, provided that such eligible employee must be a "Qualified Employee", which for the purposes of this Section shall be defined as an individual who (a) meets the then current employment Fire Fighter medical standards, (b) holds the required certificate (if any) for the position being filled (provided that the employee shall be allowed eighteen (18) months to obtain EMT certification, at the Employer’s cost for tuition and on the employee’s own time), and (bc) if the Re-Employment Offer is more than twenty-four (24) months after the Effective Date, is not determined by the Labor/Management Committee to be unqualified for the open position. Any employee re-employed or promoted pursuant to this Section who was on probation as of the Effective Date shall complete the probation period upon re- re-employment or promotion, without any credit for the period between the Effective Date and the first date of re-employment or promotion pursuant to this Section.. "Re-Employment Eligibility Period" shall mean the five (5) year period which commences on the Effective Date. Employees offered re-employment pursuant to this Section more than twenty-four (24) months after the Effective Date shall be required to satisfactorily complete appropriate retraining as determined by the Labor/Management Committee. If the Labor/Management Committee is unable to agree on appropriate retraining either party may request arbitration of the issue in a manner consistent with Section 14.3, Step 6 of this Agreement. Employees who fail to satisfactorily complete the retraining shall be subject to termination. The employee and The Union shall have the right to grieve whether the retraining was satisfactorily completed but shall not have the right to grieve whether the retraining or Fire Fighter medical requirements are appropriate. When the Employer desires to fill a position for which an individual is entitled to re-employment if the individual is a Qualified Employee, or promotion, pursuant to this Section, the Employer shall send an offer of re-employment (subject to a subsequent determination that the employee is a Qualified Employee) or promotion, as the case may be, (the "Re-Employment Offer") via certified mail, return receipt requested, to the eligible employee at his/her last known address. If the employee fails to respond within fifteen

Re-Employment and Promotion Rights. Employees bumped back to a lower classification rank shall be eligible to promote to vacancies in the previously held higher classificationrank, or any lower classification within the appropriate divisionrank, by Order of Seniority in Classification Rank in that higher classificationrank. Specifically: • Employees above the classifications rank of Police Support Services Specialist and Communications Dispatcher Fire Fighter who volunteer to be laid-off pursuant to Step 2 above shall be eligible to fill vacancies in that previously held classificationrank, or any lower classificationrank, by Order of Seniority in Classification Rank in that classificationrank, during the Re-Employment Eligibility Period Period, as defined below. • Police Support Services Specialists, and Lead Police Support Services Specialists Employees laid-off, or volunteering to be laid-off pursuant to Step 2 above, shall be eligible to fill Record Specialist Fire Fighter vacancies, by Order of Bargaining Unit Seniority, during the Re-Employment Eligibility Period. • Communications Dispatchers, and Lead Communications Dispatchers laid-off, or volunteering to be laid-off pursuant to Step 2 above, shall be eligible to fill Communications Dispatcher vacancies, by Order of Bargaining Unit Department Seniority, during the Re-Employment Eligibility Period. In all cases, the eligible employee with the highest Seniority in Classification Rank shall be entitled to the opening, provided that such eligible employee must be a "Qualified Employee", which for the purposes of this Section shall be defined as an individual who (a) meets the then current employment Fire Fighter medical standards, (b) holds the required certificate (if any) for the position being filled (provided that the employee shall be allowed eighteen (18) months to obtain EMT certification, at the Employer’s cost for tuition and on the employee’s own time), and (bc) if the Re-Employment Offer is more than twenty-four (24) months after the Effective Date, is not determined by the Labor/Management Committee to be unqualified for the open position. Any employee re-employed or promoted pursuant to this Section who was on probation as of the Effective Date shall complete the probation period upon re- re-employment or promotion, without any credit for the period between the Effective Date and the first date of re-employment or promotion pursuant to this Section.. "Re-Employment Eligibility Period" shall mean the five (5) year period which commences on the Effective Date. Employees offered re-employment pursuant to this Section more than twenty-four (24) months after the Effective Date shall be required to satisfactorily complete appropriate retraining as determined by the Labor/Management Committee. If the Labor/Management Committee is unable to agree on appropriate retraining either party may request arbitration of the issue in a manner consistent with Section 14.3, Step 6 of this Agreement. Employees who fail to satisfactorily complete the retraining shall be subject to termination. The employee and union shall have the right to grieve whether the retraining was satisfactorily completed, but shall not have the right to grieve whether the retraining or Fire Fighter medical requirements are appropriate. When the Employer desires to fill a position for which an individual is entitled to re-employment if the individual is a Qualified Employee, or promotion, pursuant to this Section, the Employer shall send an offer of re-employment (subject to a subsequent determination that the employee is a Qualified Employee) or promotion, as the case may be, (the "Re-Employment Offer") via certified mail, return receipt requested, to the eligible employee at his/her last known address. If the employee fails to respond within fifteen