REDUCTION IN FORCE (LAYOFF) AND RECALL. 1. The following language on reduction in force (layoff) and recall of Union employees is the sole source of rights and obligations of the parties to this contract in these matters. Furthermore, the following language is intended to supersede all provisions applicable to public employees in the Ohio Revised Code and/or the Rules of the Ohio Department of Administrative Services relative to reduction in force (layoff) and recall of Union employees. 2. In the event of a reduction in force for reasons of lack of work or lack of funds, reorganization or any other legitimate reason as determined by the University, the following procedure will be used. The Union retains the right to grieve and arbitrate the legitimacy of the University's decision pursuant to Article 9. A. The University shall identify the position(s) to be reduced and the employee(s), if applicable, to be affected. B. Layoffs shall be in accordance with University seniority. Prior to affecting permanent bargaining unit employees, persons within the bargaining unit classifications holding appointment categories of temporary, intermittent, temporary part-time, seasonal, provisional and original probationary affected by the reduction, shall be laid off first. The University shall not layoff bargaining unit employees in lieu of disciplinary action. 3. Where there is an employee(s) subject to a reduction in force, the University has the right to exercise the layoff by: A. Reassigning the employee(s) to existing open position(s) at the same classification level and FTE grouping so long as the employee(s) is qualified (as defined in Article 11, Section 7 to perform the work done. B. Should there be no vacancies available, the employee(s) identified for layoff shall displace the lowest seniority University employee within the same classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1); C. Should there be no one of lower seniority in the same classification, then, University seniority permitting, the employee(s) should displace the lowest senior employee in the next lower classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1); D. Displacements shall continue by seniority and FTE grouping University-wide within the bargaining unit so long as the displaced employee(s) is qualified to do the work. The employee shall then be afforded the opportunity to bump down if they are qualified to hold that position, pursuant to the definition in Article 11.7, and if they have previously held that position. The lowest seniority bargaining unit employee within the classification affected shall be laid off. 4. The bargaining unit member(s) who is (are) subject to reduction in classification through displacement and/or layoff shall be sent a letter of notification by certified mail at least twenty-one (21) calendar days or shall have the letter of notification hand-delivered at least fifteen (15) calendar days in advance of the effective date of the action. The letter shall contain the effective date of the reduction in classification and/or layoff, reference to the recall and grievance procedures contained in this contract. 5. Bargaining unit members paid under grant/restricted funds (soft money) shall be laid off effective upon the delivery of a written notification to the employee prior to the usual notification period if the grant/restricted funds are cut off by the funding source without prior notification to the University. Immediately thereafter, the layoff process in this article shall apply as it affects displacement and recall. 6. Employees on layoff status will be notified when an examination is to be held to create or renew a bargaining unit eligibility list in classifications other than those to which the laid off employees are subject to recall. If qualified, such employees shall be permitted to take exams during the entire period of their layoff/recall eligibility. Employees will be ranked on the eligibility list according to the score received on the examination. Laid off employees shall be recalled to these additional classifications in their current or any lower pay grade in the order of their test scores, with the highest scoring laid off employee placed first, in the highest pay grade for which they are eligible and so on down for each eligibility list with all laid off employees placed prior to any other. In addition to the above, bargaining unit members who are on layoff and are unemployed will be placed by test score order to openings occurring in classifications for which they hold eligibility listing, bargaining unit-wide. Employees recalled to a different classification pursuant to this paragraph shall serve a six (6) month probationary period. If an employee fails probation, the employee returns to the recall list. 7. Notice of recall to an employee shall be made by certified mail to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University's obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no more than two (2) weeks from date of notice received or determined by the University. Failure to return from layoff shall subject the employee to termination of service pursuant to Article 8. 8. The recall of bargaining unit employees laid off or reduced to a lower classification shall be in reverse order of layoff or reduction to a lower classification, subject to FTE grouping, however an employee in the .75 or above FTE grouping will be offered the option of recall to a vacancy in the below .75 FTE grouping if that employee is senior to otherwise eligible employees in the below .75 FTE grouping. Should an employee accept the option to be recalled to the below .75 FTE grouping, the University will have thereby fulfilled its recall obligation to the employee. Bargaining unit employees shall be recalled prior to the hiring or placement of any employee in the same classification or lower classifications in the same classification series. Employees recalled from layoff shall not undergo a probationary period if recalled to the same classification or lower classifications in the same classification series within the last twenty-four (24) months. 9. Bargaining unit employees laid off shall be put on an appropriate recall list according to their classification and seniority for a period not to exceed twenty-four (24) months. Recall shall be as prescribed in Paragraph 7 herein. 10. University seniority shall mean the length of time measured in continuous years, months and days of service an employee has been with the University of Cincinnati. Employees hired before October 22, 1984 shall have total state service in the calculation of University seniority. Termination of employment, not layoff, shall constitute a break in service. 11. Employees covered by this agreement are also covered by the applicable provision of unemployment compensation laws of the Federal Government and the State of Ohio. 12. A bargaining unit member may have the option to take a voluntary layoff with recall rights for twenty-four (24) months in lieu of displacing another bargaining unit member. 13. Four
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. 1. A. The following language on reduction in force (layoff) and recall of Union employees is the sole source of rights and obligations of the parties to this contract in these matters. Furthermore, the following language is intended to supersede all provisions applicable to public employees in the Ohio Revised Code and/or the Rules of the Ohio Department of Administrative Services relative to reduction in force (layoff) and recall of Union employees. The University reserves the right to abolish or freeze positions, as it deems appropriate. However, in the exercise of this right, the University will attempt to preserve promotional opportunities for bargaining unit members.
B. In the reduction in force (layoff) and recall of Union employees, excluding Apprentices, University seniority shall prevail as follows:
1. For reduction in force within the bargaining unit, employees having the lowest University seniority within the classification identified for reduction will be laid off.
2. In the event of a reduction in force for reasons of lack of work or lack of funds, reorganization or any other legitimate reason as determined by the University, the following procedure will be used. The Union retains the right to grieve and arbitrate the legitimacy of the University's decision pursuant to Article 9.
A. The University shall identify the position(s) to be reduced and the employee(s), if applicable, to be affected.
B. Layoffs shall be in accordance with University seniority. Prior to affecting permanent bargaining unit employees, persons within the bargaining unit classifications holding appointment categories of temporary, intermittent, temporary part-time, seasonal, provisional and original probationary affected by the reduction, shall be laid off first. The University shall not layoff bargaining unit Where employees in lieu of disciplinary action.
3. Where there is an employee(s) are subject to a reduction in force, the University has shall have the right to exercise prioritize the layoff by:
A. Reassigning the employee(s) to a. Filling existing open position(s) at positions within the same bargaining unit or equal classification level and FTE grouping so long as the employee(s) employee is qualified (as defined in Article 11, Section 7 to perform capable of performing the work to be done., or,
B. Should there be no vacancies available, the employee(s) identified for layoff shall displace the lowest seniority University employee within the same classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1);
C. Should there be no one of b. Displacing lower seniority in the same classification, then, University seniority permitting, the employee(s) should displace the lowest senior employee employees in the next lower classification and FTE grouping University-wide or succeedingly lower classifications within the bargaining unit (refer to Appendix 1);established job ladder. Vacant positions with in these lower classifications shall be filled first.
D. Displacements shall continue by seniority and FTE grouping University-wide within c. In the bargaining unit so long as the displaced employee(s) is qualified to do the work. The employee shall then be afforded the opportunity to bump down if they are qualified to hold that positionevent of a tie in University seniority, pursuant to the definition in Article 11.7, and if they have previously held that position. The lowest seniority bargaining unit employee within the classification affected shall a draw of cards will determine who will be laid off. The employee(s) drawing the lowest card(s) will be identified for layoff, subject to the provisions of Article 10, B.2.
4d. For the purpose of layoff and recall, the classification of painter/plasterer and plasterer shall be considered one (1) classification.
e. For the purpose of layoff and recall, the classification of xxxxxxxxx/pai nter and xxxxxxxxx shall be considered one (1) classification.
f. For the purpose of layoff and recall, the classifications of underground pipeline technician and plumber- pipefitter shall be considered one (1) classification.
3. The bargaining unit member(s) who is (are) subject to reduction in classification through displacement and/or layoff shall be sent a letter of notification by certified mail at least twenty-one (21) calendar days or shall have the letter of notification hand-delivered at least fifteen (15) calendar days in advance of the effective date of the action. The letter shall contain the effective date of the reduction in classification and/or layoff, reference to the recall and grievance procedures contained in this contract.
5. Bargaining unit members paid under grant/restricted funds (soft money) shall be laid off effective upon the delivery of a written notification to the employee prior to the usual notification period if the grant/restricted funds are cut off by the funding source without prior notification to the University. Immediately thereafter, the layoff process in this article shall apply as it affects displacement and recall.
6. Employees on layoff status will be notified when an examination is to be held to create or renew a bargaining unit eligibility list in classifications other than those to which the laid off employees are subject to recall. If qualified, such employees shall be permitted to take exams during the entire period of their layoff/recall eligibility. Employees will be ranked on the eligibility list according to the score received on the examination. Laid off employees shall be recalled to these additional classifications in their current or any lower pay grade in the order of their test scores, with the highest scoring laid off employee placed first, in the highest pay grade for which they are eligible and so on down for each eligibility list with all laid off employees placed prior to any other. In addition to the above, bargaining unit members who are on layoff and are unemployed will be placed by test score order to openings occurring in classifications for which they hold eligibility listing, bargaining unit-wide. Employees recalled to a different classification pursuant to this paragraph shall serve a six (6) month probationary period. If an employee fails probation, the employee returns to the recall list.
7. Notice of recall to an employee shall be made by certified mail to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University's obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no more than two (2) weeks from date of notice received or determined by the University. Failure to return from layoff shall subject the employee to termination of service pursuant to Article 8.
8. The recall of bargaining unit employees laid off or reduced to a lower classification shall be in reverse order of layoff or reduction to a lower classification, subject to FTE grouping, however an employee in the .75 or above FTE grouping will be offered the option of recall to a vacancy in the below .75 FTE grouping if that employee is senior to otherwise eligible employees in the below .75 FTE grouping. Should an employee accept the option to be recalled to the below .75 FTE grouping, the University will have thereby fulfilled its recall obligation to the employee. Bargaining unit employees shall be recalled prior to the hiring or placement of any employee in the same classification or lower classifications in the same classification series. Employees recalled from layoff shall not undergo a probationary period if recalled to the same classification or lower classifications in the same classification series within the last twenty-four (24) months.
9. Bargaining unit employees laid off shall be put on an appropriate recall list according to their classification and seniority for a period not to exceed twenty-four (24) months. Recall shall be as prescribed in Paragraph 7 herein.
10. University seniority shall mean the length of time measured in continuous years, months and days of service an employee has been with the University of Cincinnati. Employees hired before October 22, 1984 shall have total state service in the calculation of University seniority. Termination of employment, not layoff, shall constitute a break in service.
11. Employees covered by this agreement are also covered by the applicable provision of unemployment compensation laws of the Federal Government and the State of Ohio.
12. A bargaining unit member may have the option to take a voluntary layoff with recall rights for twenty-four (24) months in lieu of displacing another bargaining unit member.
13. Fourseventeen
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. 1. The following language on reduction in force (layoff) and recall of Union employees is the sole source of rights and obligations of the parties to this contract in these matters. Furthermore, the following language is intended to supersede all provisions applicable to public employees in the Ohio Revised Code and/or the Rules of the Ohio Department of Administrative Services relative to reduction in force (layoff) and recall of Union employees.
2. In the event of a reduction in force for reasons of lack of work or lack of funds, reorganization or any other legitimate reason as determined by the University, the following procedure will be used. The Union retains the right to grieve and arbitrate the legitimacy of the University's decision pursuant to Article 9.
A. The University shall identify the position(s) to be reduced and the employee(s), if applicable, to be affected.
B. Layoffs shall be in accordance with University seniority. Prior to affecting permanent bargaining unit employees, persons within the bargaining unit classifications holding appointment categories of temporary, intermittent, temporary part-time, seasonal, provisional and original probationary affected by the reduction, shall be laid off first. The University shall not layoff bargaining unit employees in lieu of disciplinary action.
3. Where there is an employee(s) subject to a reduction in force, the University has the right to exercise the layoff by:
A. Reassigning the employee(s) to existing open position(s) at the same classification level and FTE grouping so long as the employee(s) is qualified (as defined in Article 11, Section 7 to perform the work done.
B. Should there be no vacancies available, the employee(s) identified for layoff shall displace the lowest seniority University employee within the same classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1);
C. Should there be no one of lower seniority in the same classification, then, University seniority permitting, the employee(s) should displace the lowest senior employee in the next lower classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1);
D. Displacements shall continue by seniority and FTE grouping University-wide within the bargaining unit so long as the displaced employee(s) is qualified to do the work. The employee shall then be afforded the opportunity to bump down if they are qualified to hold that position, pursuant to the definition in Article 11.7, and if they have previously held that position. The lowest seniority bargaining unit employee within the classification affected shall be laid off.
4. The bargaining unit member(s) who is (are) subject to reduction in classification through displacement and/or layoff shall be sent a letter of notification by certified mail at least twenty-one (21) calendar days or shall have the letter of notification hand-delivered at least fifteen (15) calendar days in advance of the effective date of the action. The letter shall contain the effective date of the reduction in classification and/or layoff, reference to the recall and grievance procedures contained in this contract.
5. Bargaining unit members paid under grant/restricted funds (soft money) shall be laid off effective upon the delivery of a written notification to the employee prior to the usual notification period if the grant/restricted funds are cut off by the funding source without prior notification to the University. Immediately thereafter, the layoff process in this article shall apply as it affects displacement and recall.
6. Employees on layoff status will be notified when an examination is to be held to create or renew a bargaining unit eligibility list in classifications other than those to which the laid off employees are subject to recall. If qualified, such employees shall be permitted to take exams during the entire period of their layoff/recall eligibility. Employees will be ranked on the eligibility list according to the score received on the examination. Laid off employees shall be recalled to these additional classifications in their current or any lower pay grade in the order of their test scores, with the highest scoring laid off employee placed first, in the highest pay grade for which they are eligible and so on down for each eligibility list with all laid off employees placed prior to any other. In addition to the above, bargaining unit members who are on layoff and are unemployed will be placed by test score order to openings occurring in classifications for which they hold eligibility listing, bargaining unit-wide. Employees recalled to a different classification pursuant to this paragraph shall serve a six (6) month probationary period. If an employee fails probation, the employee returns to the recall list.
7. Notice of recall to an employee shall be made by certified mail to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University's obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no more than two (2) weeks from date of notice received or determined by the University. Failure to return from layoff shall subject the employee to termination of service pursuant to Article 8.
8. The recall of bargaining unit employees laid off or reduced to a lower classification shall be in reverse order of layoff or reduction to a lower classification, subject to FTE grouping, however an employee in the .75 or above FTE grouping will be offered the option of recall to a vacancy in the below .75 FTE grouping if that employee is senior to otherwise eligible employees in the below .75 FTE grouping. Should an employee accept the option to be recalled to the below .75 FTE grouping, the University will have thereby fulfilled its recall obligation to the employee. Bargaining unit employees shall be recalled prior to the hiring or placement of any employee in the same classification or lower classifications in the same classification series. Employees recalled from layoff shall not undergo a probationary period if recalled to the same classification or lower classifications in the same classification series within the last twenty-four (24) months.
9. Bargaining unit employees laid off shall be put on an appropriate recall list according to their classification and seniority for a period not to exceed twenty-four (24) months. Recall shall be as prescribed in Paragraph 7 herein.
10. University seniority shall mean the length of time measured in continuous years, months and days of service an employee has been with the University of Cincinnati. Employees hired before October 22, 1984 shall have total state service in the calculation of University seniority. Termination of employment, not layoff, shall constitute a break in service.
11. Employees covered by this agreement are also covered by the applicable provision of unemployment compensation laws of the Federal Government and the State of Ohio.
12. A bargaining unit member may have the option to take a voluntary layoff with recall rights for twenty-four (24) months in lieu of displacing another bargaining unit member.
13. FourFour (4) officers of the Union shall be given super-seniority with respect to layoffs only. They shall retain their positions at the time of a layoff so long as there is work to be performed in that unit. If the unit is closed, they shall be assigned to bargaining unit work which they are qualified to perform. If there is no bargaining unit work which they are qualified to perform, they shall be laid off in accordance with the provisions of this Article.
14. For the purposes of this article, FTE grouping shall be defined as follows:
A. those employees at or above .75 FTE B. those employees below .75 FTE but at or above .5 FTE.
15. Employees who, in lieu of being laid off, are placed in a position through an agreement between the Union and the university shall not suffer a break-in-service.
16. In efforts to avoid layoffs, the parties shall meet no less than 30 working days prior to discuss the possibility of a furlough. If the parties find that a furlough plan should be implemented, the parties will bargain over those effects.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. 1. A. The following language on reduction in force (layoff) and recall of Union employees is the sole source of rights and obligations of the parties to this contract in these matters. Furthermore, the following language is intended to supersede all provisions applicable to public employees in the Ohio Revised Code and/or the Rules of the Ohio Department of Administrative Services relative to reduction in force (layoff) and recall of Union employees. The University reserves the right to abolish or freeze positions, as it deems appropriate. However, in the exercise of this right, the University will attempt to preserve promotional opportunities for bargaining unit members.
B. In the reduction in force (layoff) and recall of Union employees, excluding Apprentices, University seniority shall prevail as follows:
1. For reduction in force within the bargaining unit, employees having the lowest University seniority within the classification identified for reduction will be laid off.
2. In the event of a reduction in force for reasons of lack of work or lack of funds, reorganization or any other legitimate reason as determined by the University, the following procedure will be used. The Union retains the right to grieve and arbitrate the legitimacy of the University's decision pursuant to Article 9.
A. The University shall identify the position(s) to be reduced and the employee(s), if applicable, to be affected.
B. Layoffs shall be in accordance with University seniority. Prior to affecting permanent bargaining unit employees, persons within the bargaining unit classifications holding appointment categories of temporary, intermittent, temporary part-time, seasonal, provisional and original probationary affected by the reduction, shall be laid off first. The University shall not layoff bargaining unit Where employees in lieu of disciplinary action.
3. Where there is an employee(s) are subject to a reduction in force, the University has shall have the right to exercise prioritize the layoff by:
A. Reassigning the employee(s) to a. Filling existing open position(s) at positions within the same bargaining unit or equal classification level and FTE grouping so long as the employee(s) employee is qualified (as defined in Article 11, Section 7 to perform capable of performing the work to be done., or,
B. Should there be no vacancies available, the employee(s) identified for layoff shall displace the lowest seniority University employee within the same classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1);
C. Should there be no one of b. Displacing lower seniority in the same classification, then, University seniority permitting, the employee(s) should displace the lowest senior employee employees in the next lower classification and FTE grouping University-wide or succeedingly lower classifications within the bargaining unit (refer to Appendix 1);established job ladder. Vacant positions with in these lower classifications shall be filled first.
D. Displacements shall continue by seniority and FTE grouping University-wide within c. In the bargaining unit so long as the displaced employee(s) is qualified to do the work. The employee shall then be afforded the opportunity to bump down if they are qualified to hold that positionevent of a tie in University seniority, pursuant to the definition in Article 11.7, and if they have previously held that position. The lowest seniority bargaining unit employee within the classification affected shall a draw of cards will determine who will be laid off. The employee(s) drawing the lowest card(s) will be identified for layoff, subject to the provisions of Article 10, B.2.
4d. For the purpose of layoff and recall, the classification of painter/plasterer and plasterer shall be considered one (1) classification.
e. For the purpose of layoff and recall, the classification of xxxxxxxxx/xxxxxxx and xxxxxxxxx shall be considered one (1) classification.
f. For the purpose of layoff and recall, the classifications of underground pipeline technician and plumber-pipefitter shall be considered one (1) classification.
3. The bargaining unit member(s) who is (are) subject to reduction in classification through displacement and/or layoff shall be sent a letter of notification by certified mail at least twenty-one ten (2110) calendar days or shall have the letter of notification hand-delivered at least fifteen fourteen (1514) calendar days in advance of the effective date of the action. The letter shall contain the effective date of the reduction in classification and/or layoff, reference to the recall and grievance procedures contained in this contract.
4. Employees who choose not to accept a change in classification as a result of a job abolishment/displacement shall thereafter waive any rights to further displacement and are to be terminated.
5. Bargaining unit members paid under grant/restricted funds A reduction in force that does not exceed one (soft money1) shall week may be laid off effective upon made without following the delivery of a written notification to the employee prior to the usual notification period if the grant/restricted funds are cut off by the funding source without prior notification to the Universityprocedures outlined above. Immediately thereafter, the layoff process The University agrees that it will not exercise this provision more than once in this article shall apply as it affects displacement and recalleach contract year.
6. Employees on layoff status will be notified when an examination is to be held to create or renew a bargaining unit eligibility list The provisions of Article 23, Section E, shall apply for reduction in classifications other than those to which the laid off employees are subject to recall. If qualified, such employees shall be permitted to take exams during the entire period force of their layoff/recall eligibility. Employees will be ranked on the eligibility list according to the score received on the examination. Laid off employees shall be recalled to these additional classifications in their current or any lower pay grade in the order of their test scores, with the highest scoring laid off employee placed first, in the highest pay grade for which they are eligible and so on down for each eligibility list with all laid off employees placed prior to any other. In addition to the above, bargaining unit members who are on layoff and are unemployed will be placed by test score order to openings occurring in classifications for which they hold eligibility listing, bargaining unit-wide. Employees recalled to a different classification pursuant to this paragraph shall serve a six (6) month probationary period. If an employee fails probation, the employee returns to the recall listApprentices.
7. C. Notice of recall re-employment (recall) to an employee shall be made by certified mail to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University's obligation shall be considered to be fulfilled. The recalled employee must notify the University within three five (35) working days of the date of receipt of notice of his/her their intention to return to work. The date for returning to work shall be no more than two (2) weeks from date of notice received or determined by the University. Failure to return from layoff shall subject the employee to termination of service pursuant to Article 8, A.5.e.
D. The obligation to recall employees after a full twenty-four (24) months of layoff shall cease pursuant to Article 8. , A.5.
E. The recall of bargaining unit employees laid off or reduced to a lower classification shall be in reverse order of layoff or reduction to a lower classification, subject to FTE grouping, however an employee in the .75 or above FTE grouping will be offered the option of recall to a vacancy in the below .75 FTE grouping if that employee is senior to otherwise eligible employees in the below .75 FTE grouping. Should an employee accept the option to be recalled to the below .75 FTE grouping, the University will have thereby fulfilled its recall obligation to the employee. Bargaining unit employees shall be recalled prior to the hiring or placement of any employee in the same classification or lower classifications in the same classification series. Employees recalled from layoff shall not undergo a probationary period if recalled to the same classification or lower classifications in the same classification series within the last twenty-four (24) months.
9. Bargaining unit employees laid off shall be put on an appropriate recall list according to their classification and seniority for a period not to exceed twenty-four (24) months. Recall shall be as prescribed in Paragraph 7 herein.
10. F. University seniority shall mean the length of time measured in continuous years, months and days of service an employee has been with the University of Cincinnati. Employees hired before October 22, 1984 shall have total state service in the calculation of University seniority. Termination of employment, not layoff, shall constitute a break in service.
11. Employees covered by this agreement are also covered by G. If an employee is displaced to a lower classification due to reduction in force, the applicable provision of unemployment compensation laws of employee shall return to the Federal Government and previous classification as soon as the State of OhioUniversity determines that a vacancy exists.
12. A bargaining unit member may have the option to take a voluntary layoff with recall rights for twenty-four (24) months in lieu of displacing another bargaining unit member.
13. Four
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. 1. A. The following language on reduction in force (layoff) and recall of Union employees is the sole source of rights and obligations of the parties to this contract in these matters. Furthermore, the following language is intended to supersede all provisions applicable to public employees in the Ohio Revised Code and/or the Rules of the Ohio Department of Administrative Services relative to reduction in force (layoff) and recall of Union employees. The University reserves the right to abolish or freeze positions, as it deems appropriate. However, in the exercise of this right, the University will attempt to preserve promotional opportunities for bargaining unit members.
B. In the reduction in force (layoff) and recall of Union employees, excluding Apprentices, University seniority shall prevail as follows:
1. For reduction in force within the bargaining unit, employees having the lowest University seniority within the classification identified for reduction will be laid off.
2. In the event of a reduction in force for reasons of lack of work or lack of funds, reorganization or any other legitimate reason as determined by the University, the following procedure will be used. The Union retains the right to grieve and arbitrate the legitimacy of the University's decision pursuant to Article 9.
A. The University shall identify the position(s) to be reduced and the employee(s), if applicable, to be affected.
B. Layoffs shall be in accordance with University seniority. Prior to affecting permanent bargaining unit employees, persons within the bargaining unit classifications holding appointment categories of temporary, intermittent, temporary part-time, seasonal, provisional and original probationary affected by the reduction, shall be laid off first. The University shall not layoff bargaining unit Where employees in lieu of disciplinary action.
3. Where there is an employee(s) are subject to a reduction in force, the University has shall have the right to exercise prioritize the layoff by:
A. Reassigning the employee(s) to a. Filling existing open position(s) at positions within the same bargaining unit or equal classification level and FTE grouping so long as the employee(s) employee is qualified (as defined in Article 11, Section 7 to perform capable of performing the work to be done., or,
B. Should there be no vacancies available, the employee(s) identified for layoff shall displace the lowest seniority University employee within the same classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1);
C. Should there be no one of b. Displacing lower seniority in the same classification, then, University seniority permitting, the employee(s) should displace the lowest senior employee employees in the next lower classification and FTE grouping University-wide or succeedingly lower classifications within the bargaining unit (refer to Appendix 1);established job ladder. Vacant positions within these lower classifications shall be filled first.
D. Displacements shall continue by seniority and FTE grouping University-wide within c. In the bargaining unit so long as the displaced employee(s) is qualified to do the work. The employee shall then be afforded the opportunity to bump down if they are qualified to hold that positionevent of a tie in University seniority, pursuant to the definition in Article 11.7, and if they have previously held that position. The lowest seniority bargaining unit employee within the classification affected shall a draw of cards will determine who will be laid off. The employee(s) drawing the lowest card(s) will be identified for layoff, subject to the provisions of Article 10, B.2.
4d. For the purpose of layoff and recall, the classification of painter/plasterer and plasterer shall be considered one (1) classification.
e. For the purpose of layoff and recall, the classification of xxxxxxxxx/pai nter and xxxxxxxxx shall be considered one (1) classification.
f. For the purpose of layoff and recall, the classifications of underground pipeline technician and plumber-pipefitter shall be considered one (1) classification.
3. The bargaining unit member(s) who is (are) subject to reduction in classification through displacement and/or layoff shall be sent a letter of notification by certified mail at least twenty-one seventeen (2117) calendar days or shall have the letter of notification hand-hand- delivered at least fifteen fourteen (1514) calendar days in advance of the effective date of the action. The letter shall contain the effective date of the reduction in classification and/or layoff, reference to the recall and grievance procedures contained in this contract.
4. Employees who choose not to accept a change in classification as a result of a job abolishment/displacement shall thereafter waive any rights to further displacement and are to be terminated.
5. Bargaining unit members paid under grant/restricted funds A reduction in force that does not exceed one (soft money1) shall week may be laid off effective upon made without following the delivery of a written notification to the employee prior to the usual notification period if the grant/restricted funds are cut off by the funding source without prior notification to the Universityprocedures outlined above. Immediately thereafter, the layoff process The University agrees that it will not exercise this provision more than once in this article shall apply as it affects displacement and recalleach contract year.
6. Employees on layoff status will be notified when an examination is to be held to create or renew a bargaining unit eligibility list The provisions of Article 23, Section E, shall apply for reduction in classifications other than those to which the laid off employees are subject to recall. If qualified, such employees shall be permitted to take exams during the entire period force of their layoff/recall eligibility. Employees will be ranked on the eligibility list according to the score received on the examination. Laid off employees shall be recalled to these additional classifications in their current or any lower pay grade in the order of their test scores, with the highest scoring laid off employee placed first, in the highest pay grade for which they are eligible and so on down for each eligibility list with all laid off employees placed prior to any other. In addition to the above, bargaining unit members who are on layoff and are unemployed will be placed by test score order to openings occurring in classifications for which they hold eligibility listing, bargaining unit-wide. Employees recalled to a different classification pursuant to this paragraph shall serve a six (6) month probationary period. If an employee fails probation, the employee returns to the recall listApprentices.
7. C. Notice of recall re-employment (recall) to an employee shall be made by certified mail to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University's obligation shall be considered to be fulfilled. The recalled employee must notify the University within three five (35) working days of the date of receipt of notice of his/her their intention to return to work. The date for returning to work shall be no more than two (2) weeks from date of notice received or determined by the University. Failure to return from layoff shall subject the employee to termination of service pursuant to Article 8, A.5.e.
D. The obligation to recall employees after a full twenty-four (24) months of layoff shall cease pursuant to Article 8. , A.5.
E. The recall of bargaining unit employees laid off or reduced to a lower classification shall be in reverse order of layoff or reduction to a lower classification, subject to FTE grouping, however an employee in the .75 or above FTE grouping will be offered the option of recall to a vacancy in the below .75 FTE grouping if that employee is senior to otherwise eligible employees in the below .75 FTE grouping. Should an employee accept the option to be recalled to the below .75 FTE grouping, the University will have thereby fulfilled its recall obligation to the employee. Bargaining unit employees shall be recalled prior to the hiring or placement of any employee in the same classification or lower classifications in the same classification series. Employees recalled from layoff shall not undergo a probationary period if recalled to the same classification or lower classifications in the same classification series within the last twenty-four (24) months.
9. Bargaining unit employees laid off shall be put on an appropriate recall list according to their classification and seniority for a period not to exceed twenty-four (24) months. Recall shall be as prescribed in Paragraph 7 herein.
10. F. University seniority shall mean the length of time measured in continuous years, months and days of service an employee has been with the University of Cincinnati. Employees hired before October 22, 1984 shall have total state service in the calculation of University seniority. Termination of employment, not layoff, shall constitute a break in service.
11. Employees covered by this agreement are also covered by G. If an employee is displaced to a lower classification due to reduction in force, the applicable provision of unemployment compensation laws of employee shall return to the Federal Government and previous classification as soon as the State of OhioUniversity determines that a vacancy exists.
12. A bargaining unit member may have the option to take a voluntary layoff with recall rights for twenty-four (24) months in lieu of displacing another bargaining unit member.
13. Four
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. Section 1. The following language on reduction University recognizes the integrity of the SEIU 1199 bargaining unit, and will not take any action to erode the SEIU 1199 bargaining unit in force (layoff) and recall any way. No SEIU 1199 bargaining member shall be displaced by, nor shall they suffer any loss of Union employees hours due to or as a result of the University utilizing student workers. Bargaining unit vacancies that the university chooses not to fill shall not be filled by anyone outside of the SEIU 1199 bargaining unit.
Section 2. This Agreement is the sole source of rights and obligations of the parties to this contract in these matterson the subject of Reduction In Force (Layoff) and Recall. Furthermore, the following Its language is intended to supersede all provisions applicable to public employees in the Ohio Revised Code and/or the Rules rules of the Ohio Department of Administrative Services relative to reduction Reduction in force Force (layoffLayoff) and recall of Union employeesRecall.
2Section 3. For purposes of this article, employees who hold bargaining unit titles but are excluded because of their supervisory or confidential status have no right of displacement into the bargaining unit should such employees be identified for layoff. Likewise, bargaining unit employees have no right of displacement into supervisory or confidential positions should a layoff occur within the bargaining unit.
Section 4. In the event of a reduction in force for reasons of lack of work or work, lack of funds, funds or reorganization or any other legitimate reason as determined by the Universityfor efficient operation, the following procedure will be used. The Union retains shall have the right to grieve and arbitrate the legitimacy of the University's decision said issues pursuant to Article 9the Grievance Procedure.
A. Section 5. Whenever the University decides to reduce its workforce due to lack of work, lack of funds, or reorganization for more efficient operation, the University shall use the following procedure in determining which employee shall be laid off.
Section 6. The University shall identify the position(s) to be reduced and abolished or the employee(s), if applicable, ) to be affected.
B. Layoffs affected and shall be freeze all vacant positions in accordance with University senioritythe classification series. Prior to affecting permanent bargaining unit employees, persons within the bargaining unit classifications holding appointment categories of temporary, intermittent, temporary part-time, seasonal, provisional and original probationary affected by the reduction, shall be laid off first(See Appendix 3). The University shall not layoff bargaining unit notify employees in lieu of disciplinary action.
3. Where there is an employee(sthese positions not less than fifteen (15) subject to a reduction in force, the University has the right to exercise the layoff by:
A. Reassigning the employee(s) to existing open position(s) at the same classification level and FTE grouping so long as the employee(s) is qualified (as defined in Article 11, Section 7 to perform the work done.
B. Should there be no vacancies available, the employee(s) identified for layoff shall displace the lowest seniority University employee within the same classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1);
C. Should there be no one of lower seniority in the same classification, then, University seniority permitting, the employee(s) should displace the lowest senior employee in the next lower classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1);
D. Displacements shall continue by seniority and FTE grouping University-wide within the bargaining unit so long as the displaced employee(s) is qualified to do the work. The employee shall then be afforded the opportunity to bump down if they are qualified to hold that position, pursuant working days prior to the definition in Article 11.7, and if they have previously held that position. The lowest seniority bargaining unit employee within the classification affected abolishment of their positions or shall be laid off.
4. The bargaining unit member(s) who is (are) subject to reduction in classification through displacement and/or layoff shall be sent send a certified letter of notification by certified mail at least twenty-one (21) calendar days or shall have the letter of notification hand-delivered at least fifteen (15) calendar days in advance of the effective date of the action. The letter shall contain the effective date of the reduction in classification and/or layoff, reference to the recall and grievance procedures contained in this contract.
5. Bargaining unit members paid under grant/restricted funds (soft money) shall be laid off effective upon the delivery of a written notification to the employee prior to the usual notification period if the grant/restricted funds are cut off by the funding source without prior notification to the University. Immediately thereafter, the layoff process in this article shall apply as it affects displacement and recall.
6. Employees on layoff status will be notified when an examination is to be held to create or renew a bargaining unit eligibility list in classifications other than those to which the laid off employees are subject to recall. If qualified, such employees shall be permitted to take exams during the entire period of their layoff/recall eligibility. Employees will be ranked on the eligibility list according to the score received on the examination. Laid off employees shall be recalled to these additional classifications in their current or any lower pay grade in the order of their test scores, with the highest scoring laid off employee placed first, in the highest pay grade for which they are eligible and so on down for each eligibility list with all laid off employees placed prior to any other. In addition to the above, bargaining unit members who are on layoff and are unemployed will be placed by test score order to openings occurring in classifications for which they hold eligibility listing, bargaining unit-wide. Employees recalled to a different classification pursuant to this paragraph shall serve a six (6) month probationary period. If an employee fails probation, the employee returns to the recall list.
7. Notice of recall to an employee shall be made by certified mail to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University's obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no more than two (2) weeks from date of notice received or determined by the University. Failure to return from layoff shall subject the employee to termination of service pursuant to Article 8.
8. The recall of bargaining unit employees laid off or reduced to a lower classification shall be in reverse order of layoff or reduction to a lower classification, subject to FTE grouping, however an employee in the .75 or above FTE grouping will be offered the option of recall to a vacancy in the below .75 FTE grouping if that employee is senior to otherwise eligible employees in the below .75 FTE grouping. Should an employee accept the option to be recalled to the below .75 FTE grouping, the University will have thereby fulfilled its recall obligation to the employee. Bargaining unit employees shall be recalled prior to the hiring or placement of any employee in the same classification or lower classifications in the same classification series. Employees recalled from layoff shall not undergo a probationary period if recalled to the same classification or lower classifications in the same classification series within the last twenty-four (24) months.
9. Bargaining unit employees laid off shall be put on an appropriate recall list according to their classification and seniority for a period not to exceed twenty-four (24) months. Recall shall be as prescribed in Paragraph 7 herein.
10. University seniority shall mean the length of time measured in continuous years, months and days of service an employee has been with the University of Cincinnati. Employees hired before October 22, 1984 shall have total state service in the calculation of University seniority. Termination of employment, not layoff, shall constitute a break in service.
11. Employees covered by this agreement are also covered by the applicable provision of unemployment compensation laws of the Federal Government and the State of Ohio.
12. A bargaining unit member may have the option to take a voluntary layoff with recall rights for twenty-four (24) months in lieu of displacing another bargaining unit member.
13. Fourone
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. Section 1. The following language on reduction University recognizes the integrity of the SEIU 1199 bargaining unit, and will not take any action to erode the SEIU 1199 bargaining unit in force (layoff) and recall any way. No SEIU 1199 bargaining member shall be displaced by, nor shall they suffer any loss of Union employees hours due to or as a result of the University utilizing student workers. Bargaining unit vacancies that the university chooses not to fill shall not be filled by anyone outside of the SEIU 1199 bargaining unit.
Section 2. This Agreement is the sole source of rights and obligations of the parties to this contract in these matterson the subject of Reduction In Force (Layoff) and Recall. Furthermore, the following Its language is intended to supersede all provisions applicable to public employees in the Ohio Revised Code and/or the Rules rules of the Ohio Department of Administrative Services relative to reduction Reduction in force Force (layoffLayoff) and recall of Union employeesRecall.
2Section 3. For purposes of this article, employees who hold bargaining unit titles but are excluded because of their supervisory or confidential status have no right of displacement into the bargaining unit should such employees be identified for layoff. Likewise, bargaining unit employees have no right of displacement into supervisory or confidential positions should a layoff occur within the bargaining unit.
Section 4. In the event of a reduction in force for reasons of lack of work or work, lack of funds, funds or reorganization or any other legitimate reason as determined by the Universityfor efficient operation, the following procedure will be used. The Union retains shall have the right to grieve and arbitrate the legitimacy of the University's decision said issues pursuant to Article 9the Grievance Procedure.
A. Section 5. Whenever the University decides to reduce its workforce due to lack of work, lack of funds, or reorganization for more efficient operation, the University shall use the following procedure in determining which employee shall be laid off.
Section 6. The University shall identify the position(s) to be reduced abolished or the employee(s) to be affected and shall freeze all vacant positions in the classification series. (See Appendix 3). The University shall notify employees in these positions not less than fifteen (15) working days prior to the abolishment of their positions or shall send a certified letter of notification at least twenty-one (21) calendar days in advance of the abolishment; a copy of the notification shall be sent to the Union office. The notice shall include the reasons for the abolishment, the effective date of the abolishment, and a reference to the employee's rights under this article and the employee(s)Grievance Procedure article of the collective bargaining agreement. A copy of the layoff list indicating the names of all bargaining unit employees in the same classification and Full Time Equivalent (FTE) including the seniority date and level of appointment will be posted in the area(s) affected by the layoff and in the Office of Human Resources, if applicableand a copy shall be sent to the Union. The University shall also, to at the same time, send the Union the back-up documentation that provides the rationale for the choice of which position has been abolished and how the job duties will be affected.
B. redistributed or eliminated. Layoffs shall be in accordance with University seniority. Prior to affecting permanent bargaining unit employees, persons within the bargaining unit classifications holding appointment categories of temporaryclassification, intermittent, temporary part-time, seasonal, provisional and original probationary affected by the reduction, shall be laid off firstFTE. The University shall not layoff bargaining unit employees in lieu of disciplinary action.
3. Permanent employees shall not bump temporary positions, nor shall a temporary employee bump a permanent position. Where there is an employee(s) subject to a reduction in force, the University has the right to exercise the layoff reduction by:
A. Reassigning the employee(s) to an existing open position(s) position at the same classification level and the same or higher FTE grouping so long as in which the employee(s) is qualified (as defined abolishment occurs provided they can do the work. The employee will be placed in Article 11the oldest vacancy. In the event that an open position does not exist in the same classification, Section 7 the employee may be placed in an open position within the same pay grade and the same or higher FTE in which the abolishment occurs, provided the employee meets the minimum qualifications and passes any required tests. An employee reassigned pursuant to perform this clause shall not undergo a probationary period. An employee may not be reassigned to a different shift or to a lower FTE, unless by mutual agreement between the work doneemployee and the University.
B. Once a requisition to fill a vacancy has been submitted to Human Resources, it cannot be withdrawn without proper documentation.
C. Should there be no vacancies available, pursuant to Section 5(A) above, the employee(s) identified for layoff abolishment shall displace the lowest seniority University least senior bargaining unit employee within the same classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1);same or higher FTE.
C. D. Should there be no one of lower seniority in the same classificationclassification and same or higher FTE, then, University seniority permitting, the employee(s) should then that employee shall displace the lowest least senior employee in the next lower lowest classification within the classification series (see Appendix 3), and same or higher FTE grouping Universitywhere the employee loses no pay.
1. Each employee who is displaced as a result of the above displacement process shall be reassigned to the oldest existing vacancy in the same classification series (see Appendix 3) and same or higher FTE, bargaining unit-wide where the employee loses no pay before displacement continues.
2. If there is no vacancy, the displaced employee shall displace the least senior employee in the lowest classification within the classification series and same or higher FTE bargaining unit (refer to Appendix 1);wide where the employee loses no pay, and so on, until the least senior employee in the lowest classification in the series has been displaced.
D. Displacements shall continue by seniority F. In no case can a less senior employee displace a more senior employee.
G. At all steps of the abolishment and FTE grouping University-wide within the bargaining unit so long as the displaced employee(s) layoff process, when an employee is qualified not able to do the work, such employee will progress to the next step of this process until the employee can perform the work or the employee is laid off. Displaced employees shall not be required to accept placement under the terms of this Article on a different campus if such placement would cause an undue hardship.
H. Upon ratification and approval of this Agreement, the parties shall establish a joint committee to consolidate the number of classification series in Appendix 3. The employee committee shall then be afforded the opportunity to bump down if they also delete classification titles that are qualified to hold that position, pursuant to the definition no longer in Article 11.7, and if they have previously held that positionservice. The lowest seniority bargaining unit employee within work product of the classification affected committee shall be laid offimplemented no later than July 1, 2012.
4Section 7. Employees on approved paid or unpaid leave of absence may be laid off or displaced as any other employee. If at the time of bumping the displaced employee is on a leave of absence, the displacement process will stop. Upon a request to return to work from leave, in accordance with Article 22, the displacement process will continue in accordance with Article 12. This paragraph shall not apply to employees on a disability leave of absence.
Section 8. The bargaining unit member(s) who is (are) subject to reduction in classification through displacement and/or layoff shall be notified at least fifteen (15) working days in advance of the effective date of the action or shall be sent a letter of notification by certified mail at least twenty-one (21) calendar days or shall have the letter of notification hand-delivered at least fifteen (15) calendar days in advance of the effective date of the action. The letter shall contain the effective date of the reduction in classification and/or layoff, reference to the recall and grievance procedures contained in this contract.
5. Bargaining unit members paid under grant/restricted funds (soft money) shall be laid off effective upon the delivery of a written notification to the employee prior to the usual notification period if the grant/restricted funds are cut off by the funding source without prior notification to the University. Immediately thereafter, the layoff process in this article shall apply as it affects displacement and recall.
6. Employees on layoff status will be notified when an examination is to be held to create or renew a bargaining unit eligibility list in classifications other than those to which the laid off employees are subject to recall. If qualified, such employees shall be permitted to take exams during the entire period of their layoff/recall eligibility. Employees will be ranked on the eligibility list according to the score received on the examination. Laid off employees shall be recalled to these additional classifications in their current or any lower pay grade in the order of their test scores, with the highest scoring laid off employee placed first, in the highest pay grade for which they are eligible and so on down for each eligibility list with all laid off employees placed prior to any other. In addition to the above, bargaining unit members who are on layoff and are unemployed will be placed by test score order to openings occurring in classifications for which they hold eligibility listing, bargaining unit-wide. Employees recalled to a different classification pursuant to this paragraph shall serve a six (6) month probationary period. If an employee fails probation, the employee returns to the recall list.
7. Notice of recall to an employee shall be made by certified mail to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University's obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no more than two (2) weeks from date of notice received or determined by the University. Failure to return from layoff shall subject the employee to termination of service pursuant to Article 8.
8. The recall of bargaining unit employees laid off or reduced to a lower classification shall be in reverse order of layoff or reduction to a lower classification, subject to FTE grouping, however an employee in the .75 or above FTE grouping will be offered the option of recall to a vacancy in the below .75 FTE grouping if that employee is senior to otherwise eligible employees in the below .75 FTE grouping. Should an employee accept the option to be recalled to the below .75 FTE grouping, the University will have thereby fulfilled its recall obligation to the employee. Bargaining unit employees shall be recalled prior to the hiring or placement of any employee in the same classification or lower classifications in the same classification series. Employees recalled from layoff shall not undergo a probationary period if recalled to the same classification or lower classifications in the same classification series within the last twenty-four (24) months.
9. Bargaining unit employees laid off shall be put on an appropriate recall list according to their classification and seniority for a period not to exceed twenty-four (24) months. Recall shall be as prescribed in Paragraph 7 herein.
10. University seniority shall mean the length of time measured in continuous years, months and days of service an employee has been with the University of Cincinnati. Employees hired before October 22, 1984 shall have total state service in the calculation of University seniority. Termination of employment, not layoff, shall constitute a break in service.
11. Employees covered by this agreement are also covered by the applicable provision of unemployment compensation laws of the Federal Government and the State of Ohio.
12. A bargaining unit member may have the option to take a voluntary layoff with recall rights for twenty-four (24) months in lieu of displacing another bargaining unit member.
13. Fourone
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE (LAYOFF) AND RECALL. Section 1. The following language on reduction University recognizes the integrity of the SEIU 1199 bargaining unit, and will not take any action to erode the SEIU 1199 bargaining unit in force (layoff) and recall any way. No SEIU 1199 bargaining member shall be displaced by, nor shall they suffer any loss of Union employees hours due to or as a result of the University utilizing student workers. Bargaining unit vacancies that the university chooses not to fill shall not be filled by anyone outside of the SEIU 1199 bargaining unit.
Section 2. This Agreement is the sole source of rights and obligations of the parties to this contract in these matterson the subject of Reduction In Force (Layoff) and Recall. Furthermore, the following Its language is intended to supersede all provisions applicable to public employees in the Ohio Revised Code and/or the Rules rules of the Ohio Department of Administrative Services relative to reduction Reduction in force Force (layoffLayoff) and recall of Union employeesRecall.
2Section 3. For purposes of this article, employees who hold bargaining unit titles but are excluded because of their supervisory or confidential status have no right of displacement into the bargaining unit should such employees be identified for layoff. Likewise, bargaining unit employees have no right of displacement into supervisory or confidential positions should a layoff occur within the bargaining unit.
Section 4. In the event of a reduction in force for reasons of lack of work or work, lack of funds, funds or reorganization or any other legitimate reason as determined by the Universityfor efficient operation, the following procedure will be used. The Union retains shall have the right to grieve and arbitrate the legitimacy of the University's decision said issues pursuant to Article 9the Grievance Procedure.
A. Section 5. Whenever the University decides to reduce its workforce due to lack of work, lack of funds, or reorganization for more efficient operation, the University shall use the following procedure in determining which employee shall be laid off.
Section 6. The University shall identify the position(s) to be reduced abolished or the employee(s) to be affected and shall freeze all vacant positions in the classification series. (See Appendix 3). The University shall notify employees in these positions not less than fifteen (15) working days prior to the abolishment of their positions or shall send a certified letter of notification at least twenty-one (21) calendar days in advance of the abolishment; a copy of the notification shall be sent to the Union office. The notice shall include the reasons for the abolishment, the effective date of the abolishment, and a reference to the employee's rights under this article and the employee(s)Grievance Procedure article of the collective bargaining agreement. A copy of the layoff list indicating the names of all bargaining unit employees in the same classification and Full Time Equivalent (FTE) including the seniority date and level of appointment will be posted in the area(s) affected by the layoff and in the Office of Human Resources, if applicableand a copy shall be sent to the Union. The University shall also, to at the same time, send the Union the back-up documentation that provides the rationale for the choice of which position has been abolished and how the job duties will be affected.
B. redistributed or eliminated. Layoffs shall be in accordance with University seniority. Prior to affecting permanent bargaining unit employees, persons within the bargaining unit classifications holding appointment categories of temporaryclassification, intermittent, temporary part-time, seasonal, provisional and original probationary affected by the reduction, shall be laid off firstFTE. The University shall not layoff bargaining unit employees in lieu of disciplinary action.
3. Permanent employees shall not bump temporary positions, nor shall a temporary employee bump a permanent position. Where there is an employee(s) subject to a reduction in force, the University has the right to exercise the layoff reduction by:
A. Reassigning the employee(s) to an existing open position(s) position at the same classification level and the same or higher FTE grouping so long as in which the employee(s) is qualified (as defined abolishment occurs provided they can do the work. The employee will be placed in Article 11the oldest vacancy. In the event that an open position does not exist in the same classification, Section 7 the employee may be placed in an open position within the same pay grade and the same or higher FTE in which the abolishment occurs, provided the employee meets the minimum qualifications and passes any required tests. An employee reassigned pursuant to perform this clause shall not undergo a probationary period. An employee may not be reassigned to a different shift or to a lower FTE, unless by mutual agreement between the work doneemployee and the University.
B. Once a requisition to fill a vacancy has been submitted to Human Resources, it cannot be withdrawn without proper documentation.
C. Should there be no vacancies available, pursuant to Section 5(A) above, the employee(s) identified for layoff abolishment shall displace the lowest seniority University least senior bargaining unit employee within the same classification and FTE grouping University-wide within the bargaining unit (refer to Appendix 1);same or higher FTE.
C. D. Should there be no one of lower seniority in the same classificationclassification and same or higher FTE, then, University seniority permitting, the employee(s) should then that employee shall displace the lowest least senior employee in the next lower lowest classification within the classification series (see Appendix 3), and same or higher FTE grouping Universitywhere the employee loses no pay.
1. Each employee who is displaced as a result of the above displacement process shall be reassigned to the oldest existing vacancy in the same classification series (see Appendix 3) and same or higher FTE, bargaining unit-wide where the employee loses no pay before displacement continues.
2. If there is no vacancy, the displaced employee shall displace the least senior employee in the lowest classification within the classification series and same or higher FTE bargaining unit (refer to Appendix 1);wide where the employee loses no pay, and so on, until the least senior employee in the lowest classification in the series has been displaced.
D. Displacements shall continue by seniority F. In no case can a less senior employee displace a more senior employee.
G. At all steps of the abolishment and FTE grouping University-wide within the bargaining unit so long as the displaced employee(s) layoff process, when an employee is qualified not able to do the work, such employee will progress to the next step of this process until the employee can perform the work or the employee is laid off. Displaced employees shall not be required to accept placement under the terms of this Article on a different campus if such placement would cause an undue hardship.
H. Upon ratification and approval of this Agreement, the parties shall establish a joint committee to consolidate the number of classification series in Appendix 3. The employee committee shall then be afforded the opportunity to bump down if they also delete classification titles that are qualified to hold that position, pursuant to the definition no longer in Article 11.7, and if they have previously held that positionservice. The lowest seniority bargaining unit employee within work product of the classification affected committee shall be laid offimplemented no later than July 1, 2012.
4Section 7. Employees on approved paid or unpaid leave of absence may be laid off or displaced as any other employee. If at the time of bumping the displaced employee is on a leave of absence, the displacement process will stop. Upon a request to return to work from leave, in accordance with Article 22, the displacement process will continue in accordance with Article 12. This paragraph shall not apply to employees on a disability leave of absence.
Section 8. The bargaining unit member(s) who is (are) subject to reduction in classification through displacement and/or layoff shall be notified at least fifteen (15) working days in advance of the effective date of the action or shall be sent a letter of notification by certified mail at least twenty-one (21) calendar days or shall have the letter of notification hand-delivered at least fifteen (15) calendar days in advance of the effective date of the actionadvance. The letter shall contain the effective date of the reduction in classification and/or layoff, reference references to the recall Layoff/Recall and grievance procedures Grievance Procedure articles contained in this contract. A copy of the notification will be sent to the Union office. An employee who has received notification and who will be laid off/unemployed shall have the right, from the date of notification, to utilize placement rights according to this Article.
5Section 9. Notice of recall to an employee shall be made by certified mail to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within seven (7) calendar days of the certified mailing of the notice of recall of her intention to return to work. The date for returning to work shall be no more than two (2) weeks from the date the recall is accepted. Failure to return from layoff shall subject the employee to termination of service. For purposes of recall, it shall be the employee’s responsibility to have a current address on file with Human Resources.
Section 10. The recall of bargaining unit employees laid off or reduced to a lower classification shall be in reverse order of layoff or reduction in classification and same or higher FTE from which the employee was laid off or reduced. Bargaining unit members paid under grant/restricted funds employees shall be recalled prior to the hiring or placement of any employee in the same classification or lower in that series and same or higher FTE. In addition, a bargaining unit employee who is unemployed as a result of layoff will be recalled to any vacancy within the same classification or lower in that series within the same or higher FTE from which the employee was laid off, bargaining unit-wide. Employees recalled from layoff shall not undergo a probationary period. Employees who are placed in, displaced to or recalled to a position with a lower FTE level shall retain recall rights back to their original FTE level.
Section 11. Bargaining unit employees laid off shall be placed on the classification recall list according to their seniority for a period not to exceed eighteen (soft money18) months. A copy of the recall list shall be sent to the Union office. Any employee accepting recall to the same classification and FTE level from which the layoff or displacement initially occurred, or declining recall to the same classification or classification series and FTE level from which the layoff or displacement initially occurred or declining a position offered pursuant to Section 15 of this Article, shall be removed from the layoff /recall list.
Section 12. Seniority shall be as defined in Article 11.
Section 13. Employees covered by this Agreement are also covered by the applicable provisions of unemployment compensation laws of the Federal Government and the State of Ohio.
Section 14. A bargaining unit member may have the option to take a voluntary layoff with recall rights for eighteen (18) months in lieu of displacing another bargaining unit member. In such situations, the employee will be considered laid off for the purpose of unemployment compensation eligibility.
Section 15. The Executive Board member of the UC Chapter, shall be given super seniority with respect to layoffs only. The President shall retain the position held at the time of a layoff so long as there is work to be performed in that unit. If the unit is closed, the employee shall be assigned to bargaining unit work that the employee is qualified to perform. If there is no bargaining unit work that the employee is qualified to perform, the employee shall be laid off effective upon in accordance with the delivery provisions of a written notification to the employee prior to the usual notification period if the grant/restricted funds are cut off by the funding source without prior notification to the University. Immediately thereafter, the layoff process in this article shall apply as it affects displacement and recallArticle.
6Section 16. Employees on layoff status will be notified when an examination is to be held to create or renew a bargaining unit eligibility list in classifications other than those to which the laid off employees are subject to recall. If qualified, such employees shall be permitted to take exams during the entire period of their layoff/recall eligibility. Employees will be ranked on the eligibility list according to the score received on the examination. Laid off employees shall be recalled to these additional classifications in their current or any lower pay grade in the order of their test scores, with the highest scoring laid off employee placed first, in the highest pay grade for which they are eligible and so on down for each eligibility list with all laid off employees placed prior to any other. In addition to the above, bargaining unit members who are on layoff and are unemployed will be placed by test score order to openings occurring in classifications for which they hold eligibility listing, bargaining unit-wide. Employees recalled to a different classification pursuant to this paragraph shall serve a six (6) month probationary period. If an employee fails probation, the employee returns to the recall list.
7Section 17. Notice of recall to an employee Employees shall be made by certified mail to recalled at the last known address relative rate of such employee. A copy shall be forwarded to the Union. If undeliverable, the University's obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return pay they would have received had they continued to work. The date for returning Employees recalled to work shall be no more than two (2) weeks from date of notice received a lateral position within the same pay grade or determined by the University. Failure to return from layoff shall subject the employee to termination of service pursuant to Article 8.
8. The recall of bargaining unit employees laid off or reduced to a lower classification shall be in reverse order of layoff or reduction to a lower classification, subject to FTE grouping, however an employee in the .75 or above FTE grouping will be offered the option of recall to a vacancy in the below .75 FTE grouping if that employee is senior to otherwise eligible employees in the below .75 FTE grouping. Should an employee accept the option to be recalled to the below .75 FTE grouping, the University will have thereby fulfilled its recall obligation to the employee. Bargaining unit employees shall be recalled prior to the hiring or placement of any employee in the same classification or lower classifications in the same classification series. Employees recalled from layoff shall not undergo a probationary period if recalled to the same classification or lower classifications in the same classification series within the last twenty-four (24) months.
9. Bargaining unit employees laid off shall be put on an appropriate recall list according to their classification and seniority for a period not to exceed twenty-four (24) months. Recall shall be as prescribed in Paragraph 7 herein.
10. University seniority shall mean the length of time measured in continuous years, months and days of service an employee has been with the University of Cincinnati. Employees hired before October 22, 1984 pay grade shall have total state service in the calculation of University seniority. Termination of employment, not layoff, shall constitute a break in service.
11. Employees covered by this agreement are also covered their pay determined by the applicable provision of unemployment compensation laws provisions of the Federal Government and the State Compensation Section of Ohio.
12. A bargaining unit member may have the option to take a voluntary layoff with recall rights for twenty-four (24) months in lieu of displacing another bargaining unit member.
13. FourArticle 11,
Appears in 1 contract
Samples: Collective Bargaining Agreement
