Common use of Reduction-In-Force (layoffs) Clause in Contracts

Reduction-In-Force (layoffs). Whenever the County reduces in force or lays off any employee having permanent status because of lack of work or lack of funds, the following procedure shall be used: A. The department head shall determine in which class or classes within the bargaining unit reduction in staff will have the least detrimental effect on departmental operations and will specify the layoff accordingly. B. Within the bargaining unit, all nonpermanent employees shall be laid off before any permanent employees and in the following order: temporary, intermittent hourly, provisional and probationary. C. All other conditions being equal; seniority shall be the determining factor for purpose of layoff and right to rehire. Seniority shall be defined as total service time within the bargaining unit. The employee with the least seniority shall be the first to be laid off. The order of rehire shall be in reverse order of layoff with the last or most senior employee laid off being the first to be rehired. Ties in seniority shall be broken by the drawing of lots. Periods of separation may not be bridged to extend service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position in the bargaining unit within the period of his/her layoff eligibility, or unless an employee who separates is reemployed within one year and then works a minimum of one year upon reemployment. D. An employee laid off in one class within the bargaining unit may displace another employee in another class within the bargaining unit if the laid off employee had previously attained permanent status in the other class and there is an employee in that class with less seniority. The employee displaced shall be considered as laid off for the same reason as the person who displaced him/her. E. The employee with the least seniority within the bargaining unit shall be displaced by the person who is laid off. The employee displaced shall be considered as laid off for the same reason, as the person who displaced him/her and shall in the same manner be eligible to displace. If two or more employees have the same displacement seniority to a position in a class, the order of displacement shall be determined by the drawing of lots. F. All election and waivers of displacement rights by employees shall be made in writing. All permanent employees laid off shall be placed on a reemployment list for the class in which the employee was laid off or for another class within the bargaining unit for which they meet the minimum qualifications. The reemployment list shall remain in effect for a period of two (2) years from the date of lay off. X. Xxxxxxx of an employee to accept an appointment to a position in a class from which he/she was laid off or elected displacement may result in the removal from the reemployment list. H. The Association will be informed of any pending reduction in force layoffs at least seven (7) days prior to the official notification of employees affected thereby. The notification will include the reasons for the layoffs and the number and types of positions affected. At this time, the Association may make its views and recommendations known to the Director of Human Resources concerning the implementation of such layoff. All layoffs will be carried out in strict compliance with applicable laws and regulations. Employees affected shall be given thirty (30) days notice of layoff. I. The County will cooperate with any employee who is laid off as a result of a reduction in force layoff and the State Employment Service (or equivalent agency) in determining the rights to be afforded the separated employee(s) and will inform employees of the method and procedures to follow when applying for any available benefits.

Reduction-In-Force (layoffs). Whenever the County reduces A. When there is an impending reduction in force or lays off any employee having permanent status because of lack of work or lack of funds, the following procedure shall be used: A. The department head shall determine in which class or classes within the bargaining unit reduction in staff will have the least detrimental effect on departmental operations and will specify the layoff accordingly. B. Within the bargaining unit, all nonpermanent employees the City shall be laid off before immediately inform and consult with the Association as soon as there is any permanent employees and possibility of said reduction in the following order: temporary, intermittent hourly, provisional and probationaryforce. C. All other conditions being equal; seniority shall be B. In the determining factor for purpose of layoff and right to rehire. Seniority shall be defined as total service time within the bargaining unit. The employee with the least seniority shall be the first to be laid off. The order of rehire shall be in reverse order of layoff with the last or most senior employee laid off being the first to be rehired. Ties in seniority shall be broken by the drawing of lots. Periods of separation may not be bridged to extend service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position in the bargaining unit within the period of his/her layoff eligibility, or unless an employee who separates is reemployed within one year and then works a minimum of one year upon reemployment. D. An employee laid off in one class within the bargaining unit may displace another employee in another class within the bargaining unit if the laid off employee had previously attained permanent status in the other class and there is an employee in that class with less seniority. The employee displaced shall be considered as laid off for the same reason as the person who displaced him/her. E. The employee with the least seniority within the bargaining unit shall be displaced by the person who is laid off. The employee displaced shall be considered as laid off for the same reason, as the person who displaced him/her and shall in the same manner be eligible to displace. If two or more employees have the same displacement seniority to a position in a class, the order of displacement shall be determined by the drawing of lots. F. All election and waivers of displacement rights by employees shall be made in writing. All permanent employees laid off shall be placed on a reemployment list for the class in which the employee was laid off or for another class within the bargaining unit for which they meet the minimum qualifications. The reemployment list shall remain in effect for a period of two (2) years from the date of lay off. X. Xxxxxxx of an employee to accept an appointment to a position in a class from which he/she was laid off or elected displacement may result in the removal from the reemployment list. H. The Association will be informed of any pending reduction in force layoffs at least seven (7) days prior to the official notification of employees affected thereby. The notification will include the reasons for the layoffs and the number and types of positions affected. At this time, the Association may make its views and recommendations known to the Director of Human Resources concerning the implementation of such layoff. All layoffs will be carried out in strict compliance with applicable laws and regulations. Employees affected shall be given thirty (30) days notice of layoff. I. The County will cooperate with any employee who is laid off as a result event of a reduction in force in the Police Department, it shall be made among all Employees in the same classification as listed in Article 2, according to length of service. 1. The Employees with the least amount of service shall be the first laid off and last to be recalled. If there is to be a demotion due to a reduction in force, time in classification will prevail. Where time in classification is equal, seniority as defined in Article 18 shall prevail. 2. A demotion to the next lower rank shall be required before a layoff, provided the Employee had prior time in the classification to which demoted. 3. Any officer demoted due to a reduction in force shall be promoted back in the reverse order of demotion without any competitive re-examination for the classification from which he was demoted. C. Any grievance submitted concerning a layoff will be submitted at the third step of the grievance procedure and the State Employment Service parties expressly agree that they will expedite the final resolution thereof. D. Employees who have incurred an involuntary separation from the Police Department since July 1, 1973 due to a reduction in force (or equivalent agencylayoff) in determining shall have the rights option to retire on what would have been their twenty-fifth year of service as if there had been no separation. Should an Employee elect such option, his/her pension benefit will be calculated by using the actual number of years worked. No pension service credit will be granted for the period of time separated on layoff. The pension will be deemed to be afforded a service retirement for all purposes with only the separated employee(s) and will inform employees pension amount reduced by the amount of the method and procedures to follow when applying for any available benefitstime laid off. .

Reduction-In-Force (layoffs). CONSOLIDATION REOPENER‌ A committee including supervisory and non-supervisory WCEA members has been formed to study the classification series and make appropriate changes. Whenever the County reduces in force or lays off any employee having permanent status in a County department because of lack of work or lack of funds, funds the following procedure shall be used:. The layoff procedure for a reduction applies to the entire department. A. 1. The department head shall determine in what class series and in which class or classes within the bargaining unit reduction that class series reductions in staff will have the least detrimental effect on departmental operations and will specify the layoff accordingly.. A "class series," for purposes of layoff, is defined as a normal line of progression from trainee, entry or preparatory levels to supervisory or administrative levels within a job specialty. Within a class series, the minimum qualifications, tests for fitness, duties and responsibilities are similar but different in level. The List of Class Series is set forth in Appendix C. B. 2. Within the bargaining unitdepartment and in the class series selected and the class specified, all nonpermanent employees of the department shall be laid off before any permanent employees and in the following order: temporary, intermittent hourlyTemporary, provisional and probationary. A person who attained permanent status but is serving a new probationary period because of a promotion is considered a permanent employee for purposes of layoff. An employee, who has been employed in a class series for a period of time equivalent to the minimum required to complete a probationary period but, because of promotions within that class series, has never completed a probationary period, shall be considered a permanent employee for purposes of layoff. C. All other conditions being equal; seniority 3. Seniority within a class shall be prevail as the determining factor for purpose of layoff and right to rehire. Seniority An employee's seniority within a class for layoff and displacing purposes shall include all periods of service within the class from the employee's last continuous permanent County employment date except as provided herein. An employee who transfers or voluntarily demotes from one class to another class shall be allowed to include all periods of service within the former class from the employee's last continuous permanent County employment date for determining seniority. For these purposes, a "transfer" is defined as total service time within the bargaining unit. The movement of an employee with from a position in one class to a position in another class having the least seniority shall be the first to be laid off. The order of rehire shall be in reverse order of layoff with the last or most senior employee laid off being the first to be rehired. Ties in seniority shall be broken by the drawing of lotssame salary grade. Periods of separation may not be bridged to extend service for purposes of class seniority unless the separation is a result of a layoff in which case bridging will be authorized if the employee is reemployed in a permanent position in the bargaining unit class within the period of his/her the employee’s layoff eligibility., or unless an Periods of separation may be bridged to extend service for purposes of benefit accruals if the separation is a result of a layoff in which case bridging will be authorized if the employee who separates is reemployed in a permanent position within one year the period of the employee’s layoff eligibility. NOTE: The parties recognize and then works a minimum agree that the foregoing language “all other conditions being equal,” has been removed and is inapplicable for the period of one year upon reemployment.this contract, and said removal shall only be in effect through June 30, 2014). (Revised 7-1-13) D. An employee 4. A person laid off in one class within the bargaining unit may shall be entitled to displace another employee in another class within the bargaining unit if the laid off employee had previously attained permanent status to positions in the other employee’s department under either of the following circumstances: (a) to a position in a lower class in which he/she formerly held a permanent appointment and in which there is an employee with less seniority, or (b) to a position in that a lower class within the class series, even though the person had not previously held a permanent appointment within the lower class, and in which there is an employee with less seniority. The Within the class series, an employee’s seniority in a higher class shall count as seniority in the lower class for displacement purposes. 5. In the event of interdepartmental transfers or promotions, an employee displaced shall be considered as so transferred or promoted and who is laid off for shall have the right to displace an employee in the employee’s former department having less seniority in the class formerly occupied. This interdepartmental displacement shall remain in effect until such time as the employee's seniority in the new department exceeds that of the former. 6. Permanent part-time employees may displace only employees holding permanent part-time positions. 7. A permanent full-time employee may displace a permanent part-time employee with less seniority in the same reason as class or in a lower class under the person who displaced him/hersame conditions governing full-time permanent displacements. E. 8. The employee with the least seniority within the bargaining unit shall be displaced by the person who is laid off. The employee displaced shall be considered as laid off for the same reason, reason as the person who displaced him/her and shall in the same manner be eligible to displace. If two or more employees have the same displacement seniority to a position in a class, the order of displacement shall be determined by: (1) seniority as determined by continuous service from the employee’s last continuous permanent employment date with the “department” in the class of the layoff and in classes having the same or higher maximum salary; (2) if the order of the displacement is still not resolved by #1 above, the order of displacement shall be determined by seniority as determined by continuous “county” service from the employee’s last continuous permanent County employment date. When job classification seniority, permanent department employment in the same or higher level job class(es), and County employment are still equal as provided above, layoff shall be determined by drawing of lots. F. 9. In the event that a county program, service or function is discontinued or modified to the extent that it results in the abolishment of a job family and/or job classification and subsequent reclassification of all affected individuals in the job family or job class into a new job family and/or new job class the County and the Association will, with due diligence, discuss an agreement that preserves the seniority of the individual or group of individuals that have been reclassified to a new job family or new job classification. In the event the parties fail to come to an agreement, either party may submit the issue pursuant to the grievance procedure set forth in Article 32. 10. An employee shall first displace within the department in which he/she is currently employed. In the absence of an election by the employee to waive the employee’s displacement rights, he/she shall displace in the highest class in which he/she has displacement rights. If he/she has displacement rights in two or more classes at the same level, he/she shall displace in the class in which he/she has greater displacement seniority. If he/she has displacement rights in the employee’s highest class in more than one department, he/she shall displace in the department in which he/she has the most displacement seniority. If the employee’s department seniority is equal in two or more classes or departments, he/she shall displace in that class or department in which the employee with the least seniority is working. 11. All election and waivers of displacement rights by employees shall be made in writing. 12. When simultaneous layoffs occur in a class series, the layoff will occur first in the higher class, followed by displacement to the lower class. When displacements in the lower class have been completed, the layoff in the lower class will occur. 13. The names of permanent employees who have elected displacement or temporary demotion pursuant to the provisions of this Article must be placed first upon the reemployment list for the class or position involved, in reverse order of displacement or temporary demotion. The employee who was last to displace or demote is the first on the reemployment list, and must be given preference in rehiring. Each person on such a list retains eligibility for appointment for an unlimited period of time except as provided for in Section 14 below. 14. All permanent employees laid off shall be placed on a reemployment list for the all positions in their class in series and which the employee was positions are not at a higher level than previously held. All such employees must be given preference for rehiring. Names of employees laid off or for another class within shall remain on the bargaining unit for which they meet the minimum qualifications. The reemployment list shall remain in effect for a period of two (2) years from the date of lay offexcept as provided for in Section 15 below. X. Xxxxxxx 15. Refusal of an employee to accept an appointment to a position in a class from which he/she was laid off or elected displacement may result in the removal from the reemployment list. H. 16. The Association will be informed of any pending reduction in force layoffs at least seven (7) days prior to the official notification of employees affected thereby. The notification will include the reasons for the layoffs and the number and types of positions affected. At this time, the Association may make its views and recommendations known to the Director of Human Resources concerning the implementation of such layoff. All layoffs will be carried out in strict compliance with applicable laws and regulations. Employees affected shall be given thirty (30) days notice of layoff. I. The County will cooperate with any employee who is laid off as a result of a reduction in force layoff and the State Employment Service (or equivalent agency) in determining the rights to be afforded the separated employee(s) and will inform employees of the method and procedures to follow when applying for any available benefits.seven