REDUCTION IN FORCE. In the event the Board determines to reduce the number of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee: A. voluntarily resigns his or her employment; or B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. In Subd. 1. The parties recognize the event the Board determines to reduce the number principle of employees seniority in the bargaining unit by layoff during the term application of this Agreement, where qualifications are equalconcerning reduction in force, provided the employee is fully qualified to perform the duties and responsibilities of the position. If an employee’s position is eliminated or hours have been reduced by fifteen (15) or more minutes, the order of layoff employee shall be in reverse order of seniority as have the right to displace an employee with lesser seniority within their job classification or an employee with lesser seniority in a lower paying position covered by this agreement, provided the employee is qualified to perform the duties and responsibilities of the Shore Collaborativeposition. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous Part-time as custodians cannot displace full- time custodians nor can they claim a full-time professional vacant position through recall. If an opening subsequently occurs, the laid off employee with the most seniority shall be recalled first.
Subd. 2. Layoffs shall not be considered a break in continuous service. When a vacancy occurs, the position will be posted and filled according to the provisions of Shore Collaborative, in a permanent position covered by this Agreement. When any employees are on layoff, in months and days shall a vacant position will be used available to compute all current employees for application, but an employee's length of service (seniority)employee on layoff may apply for such a position. An employee on layoff shall acquire retain this seniority beginning from and right to recall in seniority order for a period of sixteen (16) months after the date of his or her employmentlayoff. For An employee whose position is to be reduced will be notified in writing, with a copy to the purposes of this articleunion xxxxxxx. If an employee is to be recalled after layoff, the length of service of an employee shall be broken and no prior periods of employment district will either a) have verbal conversation with the Board shall be counted if such employee:
A. voluntarily resigns his ; or her employment; or
B. b) send written communication of a registered letter, receipt requested to the employee’s address on file with the district notifying the employee of the recall, with a copy to the union xxxxxxx. It is discharged the employee’s responsibility, while on layoff, to ensure that the district has accurate contact information for causethe employee. An approved leave employee may notify the district in writing in advance of absence shall dates when the employee will not constitute a break in servicebe able to receive mail at the employee’s address on file, for purposes of this article(i.e., however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is workingon vacation, at a forwarding address, out of town, etc.) If the employee will be unavailable, as stated above, and a copy the employee provides the district with an alternate contact method, the district will use the alternate contact method to notify the employee of the recall if one arises.
Subd. 3. The notice of recall will specify by when the employee must accept the recall in order to retain continued employment. The period offered for consideration will be forwarded no less than three calendar days. The three calendar days for consideration shall commence when the district provides the alternate notice. If the employee cannot be contacted for a period of time, the district will hold the position for the employee’s consideration for one calendar week. If the employee does not respond to the President notice of this Association. This list shall recall within the specified time, or if the employee declines the recall, the employee’s employment will be deemed terminated and the employee will have no further rights to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborativerecall. If a laid off the employee refuses an offer of accepts the recall, his or her name shall the employee will not be removed from expected to return to work in less than fourteen (14) calendar days after acceptance, unless the recall List, district and recall rights shall be terminatedthe employee mutually agree to an earlier return to work date.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
REDUCTION IN FORCE. In the event the Board determines to reduce the number of 1. When forces are reduced, employees will be laid off in the bargaining unit by layoff during inverse order of their date of hire within the term Customer Service Divisi on. Employees having the same date of this Agreement, where qualifications are equal, hire will be laid off in the inverse order of their bidding seniority that was in effect at the time their initial probationary period was completed. The Employer agrees to consult with the Union prior to any layoffs. An employee who came from the operator ranks to Customer Service may return to the operator ranks if a position is available but would not retain their seniority rights after the initial three (3) month evaluation period beyond probation .
2. Employees shal l be recalled in the reverse order of layoff as provided in Item 1. above and provided that the employee can do the available work.
3. Notice of recall shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors sent to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded at their last known address by registered mail. If any employee fails to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director re port for work within fifteen (15) working calendar days from publication the date of mailing the notice of recall, they shall be considered to have quit, shall cease to have seniority, and shall have their name removed from the recall list. However, if an employee's failure to report for work is on account of illness or injury, they may retain their seniority and recall rights if they have notified the Employer by registered mail and such notification is received prior to the deadline for their reporting to work. It is recog nized that the Employer may require substantiation of the listillness or injury. An If the substantiation is not submitted promptly to the Employer, and if it is not to the satisfaction of the Employer, the loss of seniority and recall rights shall stand. Recall rights for any employee who is on layoff shall, for shall expire eighteen (18) months one (1) school year after from the effective date of layoff retain first preference to recall rights in inverse order layoff. Written notice of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs expiration of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedsent to the employee at their last known address by registered or certified mail. It shall be the r esponsibility of the Employer to maintain the recall list. It shall be the responsibility of the employee to keep the Employer informed of their current address.
4. Benefits shall not accrue during layoff.
5. Nothing in this Article or any part of this Agreement is intended to restrict the sole authority of the Employer to determine the financial necessity of service reduction, the form of the reduction, and the duration of the layoff.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Labor Contract
REDUCTION IN FORCE. 9.01 No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee and the Union shall have been notified of said layoff at least twenty (20) work days prior to the effective date of the layoff.
A. In the event the Board determines it is necessary to lay off or reduce the total number of employees, the total number of days worked by employees or the total number of hours worked by employees, district wide, the Board will first lay off or reduce through (1) attrition (2) then substitute employees (3) then temporary employees. Once the above procedure has been followed, employee volunteers shall be laid off or reduced and then employees with the least number of years of service to the district shall be laid off or reduced.
B. In the event the Board determines it is necessary to eliminate an entire classification, employees with the highest number of years of service to the district shall be offered transfers to posted vacancies in other classifications provided the employee is qualified to work in the bargaining unit new classification.
C. When employees are to be recalled, the first to be recalled shall be those last laid off or reduced within the preceding fifteen (15) month period in the reverse order that they were laid off or reduced. Recalled employees will be notified by phone, (personal contact, not voice mail), e-mail with a “read receipt” and certified mail. The employee is responsible for keeping their contact information updated. The employee shall respond within forty eight (48) hours after the receipt of notification to return to work by phone, (personal contact, not voice mail), e-mail with a “read receipt” and certified mail. The employee will have ten (10) days after receipt of notification to return to work except in extenuating circumstances. Failure to do so will result in the employee being dropped from the recall list.
D. In no case shall a new employee be employed by the Board in any job classification affected by a layoff during or reduction until the term layoff and recall procedures have been executed. Classification shall be defined as positions listed in Salary Matrix.
E. When employee years of this Agreement, where qualifications service are equal, the order date of layoff hire shall be in reverse order the determining factor. When date of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilitieshire is equal, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employmentapplication shall be the determining factor. When date of application is equal, employees names will be drawn by lottery to determine placement on the seniority list.
9.03 Employees impacted by a Reduction in Force shall, upon application, be added to the substitute list for non-instructional employees.
9.04 Employees impacted by a Reduction in Force may continue their insurance benefits according to the COBRA regulations by paying the regular monthly per subscriber group rate premium for such benefit.
9.05 For the purposes of this articleArticle and Articles VI and VII, the a length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing provided to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shallUnion, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedupon request.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines to reduce of a decrease in the number of bargaining unit employees in due to fiscal constraints, the following procedure shall be followed:
1. Wherever and whenever possible, reduction of the bargaining unit by layoff during employees shall be accomplished through normal attrition.
2. Prior to the term lay-off of this Agreementany bargaining unit member from a specific employee classification position, where qualifications are equal, such employee will be given the order opportunity of moving into a vacant position in a different employee classification area provided that the employee is deemed to be qualified to assume the new position or held such position in the past.
3. Any bargaining unit member whose position has been eliminated due to layoff shall be eligible to assume a position in reverse order any classification previously held where the bargaining unit member has more seniority than the least senior member of seniority as an employee a given classification/category. The least senior member of the Shore Collaborativeany classification/category is subject to dismissal to make a position available to a more senior unit member who has seniority. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days Seniority shall be used to compute defined as an employee's continuous length of service in a bargaining unit position or positions. Part-time bargaining unit employment will be credited as one-half or 50% of full- time bargaining unit employment for seniority purposes.
4. A bargaining unit member, who is laid off, in accordance with Paragraph Three (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes 3) of this articleArticle, the length of service of an employee shall be broken and no prior periods entitled to remain on a recall list for a period of employment with the Board one (1) year following his/her lay-off. As a bargaining unit position(s) becomes available, laid off employees shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged given the opportunity to return to employment in any position for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be they are deemed to be accurate unless challenges qualified to its accuracy are submitted in writing occupy. Notification of such a position will be by regular and certified mail, sent to the Executive Director latest address on file at the Superintendent's office. The timeline for hiring for such a position will not be extended to accommodate the receipt of either regular or certified mail. Opportunities for recall to employment shall be afforded in the inverse order of lay-off. A laid-off employee shall forfeit his/her recall eligibility if he/she refuses one (1) opportunity to return to a comparable employment situation. However, a bargaining unit member who is offered and accepts a temporary or dissimilar position shall remain on the recall list for the remainder of the one year recall period. A laid off employee, who is recalled, must notify the district of their decision to accept the recall within five (5) calendar days. The employee must be able to return to work within fifteen (15) working calendar days after being informed of a recall opportunity, unless the Parties agree to a later date. Failure to return within 15 calendar days or an agreed upon later date shall result in removal of such individual's name from publication the recall list and forfeiture of the listall rights afforded by this Article. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff returns to a position from which he or she is laid off provided he or she is qualifiedbargaining unit employment position, certifiedas a result of this recall provision, shall have all previously earned rights, privileges and meets the needs of the Collaborativebenefits restored to him/her. If Further, a laid off bargaining unit employee refuses an offer who is returned to a bargaining unit position, as a result of recallthis recall provision, his or shall not have time spent on lay-off status cause a break in service for purposes of his/her name unit seniority credit.
5. A bargaining unit member who is laid off, in accordance with Paragraph Three (3), and is on recall status, as a result of Paragraph Four (4) of this Article, shall be removed from permitted to continue his/her group medical and life insurance coverage provided that such laid off employee will be responsible for payment of the recall List, and recall rights shall be terminatedfull premiums as such premiums become due.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. In 11.01. The Union recognizes the event right of the Board Employer to lay off an employee(s) when the Employer determines a reduction in force is necessary due to reduce lack of funds, lack of work or the abolishment of positions. A lack of funds means an appointing authority has a current or projected deficiency of funding to maintain current, or to sustain projected levels of staffing and operations. A lack of work means an appointing authority has a current or projected temporary decrease in the workload expected to last less than one year, which requires a reduction of current or projected staffing levels. Abolishment means the permanent deletion of a position(s) from the or- ganization of structure of the appointing authority due to the lack of continued need for the position as a result of a re-organization for the efficient operation of the appointing authority.
11.02. The Employer, having determined a reduction in force is necessary due to the aforementioned reasons, shall notify the Union prior to notifying Employees of an impending layoff.
11.03. The Employer shall determine the classification(s) in which a layoff shall occur and the number of em- ployees to be laid off within each classification. Non-full- time employees shall be laid off prior to any full- time employees. Probationary employees will be laid off prior to full time non-probationary employees.
11.04. A laid off employee shall have the right to displace an employee with less rank seniority or an employee with less departmental seniority in a lower or equivalent rank, provided such employee is qualified/certified to perform the work. The laid off employee may not displace an employee in a rank if the employee does not meet the minimum qualifications of the rank. An employee may exercise the right to displace another employee within five (5) days of the date of receipt of a layoff notice. The failure to exercise the right of displacement shall not affect the employee's recall rights.
11.05. Each employee to be laid off shall be given advance written notice by the Employer. Such written notice shall be mailed by certified mail to the employee's last known address on file with the Employer. Such notice shall be mailed at least seven (7) calendar days before the effective date of the layoff or layoff due to displacement. The day the letter is mailed shall be the first (1st) day of the seven (7) day period. Each notice of layoff or displacement shall contain the following information:
A. The reason for layoff or displacement;
B. The effective date of the layoff of displacement;
C. The employee's accumulated rank and departmental seniority;
D. The right of the employee to grieve the effects of a layoff or displacement;
E. A statement advising the employee that he may have the right to displace another employee and that the employee must exercise his displacement rights within five (5) days of the date he is notified that he is displaced or is notified of layoff;
F. A statement advising the employee of the right to reinstate or re-employment;
G. A statement that the employee is responsible for maintaining a current address with his appointing authority; and,
H. A statement that the employee may have the option to convert accrued unused leave, if such opportunity to convert leave exists.
11.06. Recalls from layoff will be in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the inverse order of layoff (last laid off, first recalled), within the respective classifications included in the Agreement, however, excepting a reduction in force resulting from the abolishment of position(s), immediately prior to or simultaneously with a recall, a employee who has displaced to a lower rank shall be in reverse order of seniority as reinstated to his former rank. Further, no new employee or other employee shall be hired or promoted to a rank from which an employee has been laid off or from which he has displaced to a lower rank, or shall a new employee be hired into a higher rank unless no current employee is qualified for promotion to the higher rank.
11.07. In the case of a recall, the Employer shall provide notice of recall by certified mail, return receipt requested, sent to the last known address of record for the employee. Such notice shall include the date and time for the employee to return to work, which shall not be less than five (5) days after the notice is received. If the employee does not report for work at such time, or does not take receipt of the Shore Collaborativerecall letter within five (5) days or make other arrangements with the Employer, the employee shall not retain further rights to recall. Qualifications It is the responsibility of each employee to keep the Employer informed of his current address.
11.08. Employees shall consist retain recall rights, except as otherwise provided herein, for a period of evaluation and professional capabilities, such factors to be determined solely by twenty-four (24) months from the Collaborative Board in a non- arbitrary or capricious manner. For purpose date of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority)the layoff. An employee shall acquire not accrue seniority beginning during a period of layoff. Should an employee be on layoff in excess of twenty-four (24) consecutive months, he must re-certify to State specifications in order to remain eligible for recall. The Employer will pay the cost of any employee who must be re-certified upon recall.
11.09. An employee may grieve the effects of a layoff or a displacement commencing at Step 2 (Sheriff) of the grievance Procedure contained in this Agreement.
11.10. An employee who voluntarily resigns from the Department may, with the approval of the employer, be reinstated within one (1) calendar year from the date of his or her employmentseparation to his former position if the position is vacant. For If the purposes of this articleposition is not vacant, then the length of service of an employee shall may be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute reinstated to a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which similar position providing the employee is working, and a copy will be forwarded qualified to perform the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication duties of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedposition.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 11.01 Should cause such as a fire, flood, explosion, Act of God, or any unforeseeable work stoppage by employees of an airline served by the Company, or circumstances beyond the control of the Company make it necessary to reduce the working force, the employees affected thereby shall be laid-off according to seniority with twenty-four (24) hours notice from the commencement of the work stoppage providing that seniority shall apply during such lay-off. In the event of a partial resumption of operations, the Board employees affected shall be recalled by seniority. Lay-off and Recalls
11.02 The Company has the right to lay-off employees to the extent it determines to reduce be necessary. In the number event of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equala lay-off, the order of layoff Company shall be lay-off in reverse order of seniority seniority. The onus shall be on the Company to establish that the senior employee has insufficient ability to perform the work required, and if proven, the Company will train the most senior person to perform the work required.
11.03 The Company shall notify the Union as an employee soon as possible prior to any lay-off. All employees shall receive at least fourteen (14) days notice of any lay-off, except in the Shore Collaborative. Qualifications case of lay-off as defined in Article 11.01.
11.04 Recall shall consist of evaluation and professional capabilities, such factors be by Registered Mail to be determined solely the address last filed by the Collaborative Board in employee with the Company, or by personal interview. The Union shall receive a non- arbitrary copy of each Letter of Recall and notification of each recall made by personal interview. A previous employee with seniority must keep the Company informed of any change of address by Registered Mail. All correspondence related to recall or capricious manner. For purpose change of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days address shall be used to compute an employee's length of service deemed received three (seniority). An employee shall acquire seniority beginning from 3) business days following the date of his or her employment. For registration.
11.05 If within seven (7) calendar days after the purposes date of this article, the length receipt of service Notice of Recall an employee shall be broken and no prior periods of employment with have failed to notify the Board shall be counted if such employee:
A. voluntarily resigns his Company that he/she intends to return to work or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall have satisfied the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or Company that he/she is laid off provided he unable to return because of accident or illness or other sufficient cause, he/she is qualified, certified, shall lose all seniority and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or his/her name shall be removed from the recall List, and recall rights shall be terminatedseniority list.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
REDUCTION IN FORCE. In 11.01 The Union recognizes the event right of the Board determines Employer to reduce lay off a employee(s) when the Employer de- termines a reduction in force is necessary due to lack of funds, lack of work or the abolishment of posi- tions. A lack of funds means an appointing authority has a current or projected deficiency of funding to maintain current, or to sustain projected levels of staffing and operations. A lack of work means an ap- pointing authority has a current or projected temporary decrease in the workload expected to last less than one year, which requires a reduction of current or projected staffing levels. Abolishment means the permanent deletion of a position(s) from the organization of structure of the appointing authority due to the lack of continued need for the position as a result of an reorganization for the efficient operation of the appointing authority.
11.02 The Employer, having determined a reduction in force is necessary due to the aforementioned reasons, shall notify the Union prior to notifying employees of an impending layoff.
11.03 The Employer shall determine the classification(s) in which a layoff shall occur and the number of employees to be laid off within each classification. Non-full time employees shall be laid off prior to any full time employees. Probationary employees will be laid off prior to full time non-probationary em- ployees.
11.04 A laid off employee shall have the right to displace an employee with less rank seniority or an employee with less departmental seniority in a lower or equivalent rank, provided such employee is qual- ified/certified to perform the work. The laid off employee may not displace an employee in a RANK if the employee does not meet the minimum qualifications of the rank. An employee may exercise the right to displace another employee within five (5) days of the date of receipt of a layoff notice. The failure to exercise the right of displacement shall not affect the employee's recall rights.
11.05 Each employee to be laid off shall be given advance written notice by the Employer. Such written notice shall be mailed by certified mail to the employee's last known address on file with the Employer. Such notice shall be mailed at least seven (7) calendar days before the effective date of the layoff or layoff due to displacement. The day the letter is mailed shall be the first (1st) day of the seven (7) day period. Each notice of layoff or displacement shall contain the following information:
A. The reason for layoff or displacement;
B. The effective date of the layoff of displacement;
C. The employee's accumulated rank and departmental seniority;
D. The right of the employee to grieve the effects of a layoff or displacement;
E. A statement advising the employee that he may have the right to displace another employ- ee and that the employee must exercise his displacement rights within five (5) days of the date he is notified that he is displaced or is notified of layoff;
F. A statement advising the employee of the right to reinstate or re-employment;
G. A statement that the employee is responsible for maintaining a current address with his appointing authority; and,
H. A statement that the employee may have the option to convert accrued unused leave, if such opportunity to convert leave exists.
11.06 Recalls from layoff will be in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the inverse order of layoff (last laid off, first recalled), within the respective classifications included in the Agreement, however, excepting a reduction in force resulting from the abolishment of position(s), immediately prior to or simultaneously with a recall, an employee who has displaced to a lower rank shall be in reverse order reinstated to his former rank. Further, no new employee or other employee shall be hired or promoted to a rank from which a employee has been laid off or from which he has displaced to a lower rank, or shall a new employee be hired into a higher rank unless no current employee is qualified for promotion to the higher rank.
11.07 In the case of seniority as an a recall, the Employer shall provide notice of recall by certified mail, return receipt requested, sent to the last known address of record for the employee. Such notice shall include the date and time for the employee to return to work, which shall not be less than five (5) days after the notice is received. If the employee does not report for work at such time, or does not take receipt of the Shore Collaborativerecall let- ter within five (5) days or make other arrangements with the Sheriff, the employee shall not retain further rights to recall. Qualifications It is the responsibility of each employee to keep the Sheriff informed of his current ad- dress.
11.08 Employees shall consist retain recall rights, except as otherwise provided herein, for a period of evaluation and professional capabilities, such factors to be determined solely by twenty- four (24) months from the Collaborative Board in a non- arbitrary or capricious manner. For purpose date of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority)the layoff. An employee shall acquire not accrue seniority beginning during a period of layoff. Should an employee be on layoff in excess of twenty-four (24) consecutive months, he must recertify to State specifications in order to remain eligible for recall. The Sheriff will pay the cost of any employee who must be recertified upon recall.
11.09 An employee may grieve the effects of a layoff or a displacement at step 2 (Employer) of the grievance Procedure contained in this Agreement.
11.10 An employee who voluntarily resigns from the Department may, with the approval of the Em- ployer, be reinstated within one (1) calendar year from the date of his or her employmentseparation to his former position if the position is vacant. For If the purposes of this articleposition is not vacant, then the length of service of an employee shall may be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute reinstated to a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which similar posi- tion providing the employee is workingqualified to perform the duties of the position.
11.11 This article shall not be triggered if an Arbitrator returns a terminated employee to work. The em- ployee who replaced the terminated employee, and a copy will be forwarded to or last hired in the President of this Association. This list effected classification shall be deemed released automatically when the terminated employee returns to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedwork.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines A. Leaves of absence without pay shall automatically be granted to reduce the number of all employees in the bargaining unit affected by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as an employee of the Shore Collaborativea reduction. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave These leaves of absence shall not constitute a break in serviceprohibit the employees from seeking and accepting gainful employment elsewhere, for purposes of this article, however seniority and shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication terminated for that reason except on written request of the listemployee. An employee who is on layoff shall, may elect to take and will be granted leave of absence without pay during the staff reduction irrespective of his position or the seniority list. Such leave shall be in effect for one (1) school year after year.
B. During said leave of absence, the effective date employee shall receive no insurance benefits at Board expense. Provisions will be made where possible that employees may continue, at their own expense, the insurance coverage at the group rate.
C. During said leave of layoff retain first preference absence, the employee’s seniority shall remain unbroken despite such leave, and his accumulated sick leave shall not be cancelled, but shall remain credited to recall rights him pending his return to an assignment in inverse order this district within the procedure outlined in Paragraph H, Section 1 of layoff this Article.
D. The fact that an employee is placed on leave of absence for the purpose of staff reduction shall not result in the loss of status or credit for previous years of service. Upon return to the district, he shall assume the step position on the salary schedule which he would have held had he been actively employed in the district to a position from maximum of one (1) year’s credit.
E. Reduction of certified personnel who are represented by the bargaining unit shall be made according to the following:
1. Seniority for the purpose of this Article shall be defined as non-terminated years of employment in the district. Leaves of absence shall be subject to the provisions in Article XVIII of this Agreement.
2. A seniority list shall be prepared by the Board and presented to the Association (which he or she includes all present bargaining unit personnel) sixty (60) days prior to the anticipated reduction.
3. It is expressly understood that the Association shall have the right to review the layoff list prior to notification of the individual employees to be laid off. In the event of a disagreement concerning the layoff list, the Association shall have the right to meet with the superintendent prior to notification of the individual employees and prior to the notification deadline.
4. Probationary teachers will be laid off provided he or she first where any teacher who has acquired tenure and whose position has been curtailed is qualified, certified, certified and meets qualified to perform the needs services of the Collaborativeprobationary employee.
5. If a In the event teachers must be laid off employee refuses an offer off, layoff will be on the basis of recallseniority and certification, his or her name except as provided for in Number 4 above.
6. In the case of teachers with identical seniority, this level of certification shall be removed from the recall List, and recall rights standard. Those with less than standard certification shall be terminatedconsidered for layoff before anyone with standard certification.
7. In the case of identical certification, the accumulation of credits toward standard certification shall be the standard.
8. In the case of all the above factors being equal, teachers shall be considered on the basis of their evaluation ratings with the least satisfactory to be released from service first providing that the evaluations were performed according to the terms of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A layoff is a separation of an employee or employees from City employment for lack of work, lack of funds or for other reasons determined by the City other than the acts or delinquencies of the employee. In the event of a layoff, City shall, before implementing the layoff, notify the Officers of the Union regarding such proposed layoff, but the decision of the City as to the necessity for the layoff shall be final and not subject to the grievance proceedings provided for in Article 6 hereof. In the event of a reduction in force, the layoff shall come first from seasonal or part- time employees and thereafter from the remaining Firefighter positions. The City shall have the right to determine the individuals to be laid off and shall consider the seniority, ability to perform the work, and past performance of said persons. Employees selected to be laid off shall have the right upon written request within 14 calendar days of the layoff notice, to appear before the committee for City Union Cooperation to decide whether or not the employee laid off shall have the right to have a job in a classification in their division where the employee is qualified to perform the work, that is presently being held by an employee on probation. The City shall determine if the individual is most qualified for the position, but a majority decision of the committee shall be final and a tie vote shall mean that the original decision or status is upheld. In the event the Board City determines to reduce that a reduction in the number of employees lieutenant positions is necessary, any lieutenant whose position is terminated may revert to the rank and pay of a Firefighter in lieu of being laid off. In the event of a layoff due to a reduction in force, the employee laid off shall receive two (2) weeks notice thereof, and, in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as event an employee is not given such two (2) weeks notice, they shall nevertheless be entitled to two (2) weeks of pay even though they do not work for the Shore Collaborativetwo (2) week period following such notice. Qualifications shall consist of evaluation and professional capabilitiesIn addition, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee that is laid off shall be broken and no prior periods of employment with receive their earned vacation pay as determined under Article 9, Section 1. In the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute event a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the laid off employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director re-employed within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year, they may be restored to their former position. An employee that is laid off due to reduction in force, shall have recall rights for a period of one (1) year after from the effective date of layoff retain first preference their layoff. A Lieutenant that has reverted to Firefighter position shall, during the one (1) year recall rights in inverse order of layoff period, have the right to be reinstated to any Lieutenant position which is to be filled without any further testing. If more than one Lieutenant has reverted to a Firefighter position, the last to revert shall be the first to be reinstated if a position from opens up during the recall period. Firefighters shall be recalled rank using a procedure by which he or she is the last to be laid off provided he or she is qualifiedthe first to be recalled. Recall privileges will cease if upon recall, certifiedthe person fails to report within twenty (20) calendar days of written notification to recall. Such notice shall be sent by certified mail to the last address furnished to the Chief in writing by the former employee, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.twenty
Appears in 1 contract
Samples: Union Contract
REDUCTION IN FORCE. a. A Reduction in Force and the term "layoff" as used herein shall be separate and distinct from the terms “resignation,” “retirement” and “dismissal,” and shall mean the loss of an employee's employment with the Employer which is the result of any reason other than resignation, retirement or dismissal.
b. In the event that the Board determines to reduce the number Employer anticipates that a layoff of employees is to take place, the Employer will provide the Association with written notification which will include the positions proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be at least thirty (30) calendar days before the official action is to be taken. Upon the Association’s request, the Employer will make available to the Association any data requested which pertains to the layoff determination. Any employee who is to be placed on layoff will be so notified in writing, by certified mail, at least thirty (30) days prior to the effective date of the layoff. The Association will be provided with a listing of the employees being notified of the layoff.
c. Layoffs caused by Reduction in Force shall be in order of seniority; that is, the employee last hired shall be the first released.
d. No full-time employee shall be laid off while temporary or part-time employees are serving in the bargaining unit by layoff during the term unit.
e. All recalls to employment shall likewise be in order of this Agreement, where qualifications are equalseniority; that is, the order last employee released as a result of layoff a Reduction in Force shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilitiesfirst rehired, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which provided the employee is working, able to meet the physical requirements of the job. The Employer shall notify in writing such employees to return to work and furnish the Association with a copy will be forwarded to the President of this Associationsuch notification. This list It shall be deemed the employee's responsibility to be accurate unless challenges to its accuracy are submitted in writing to maintain a current address on record with the Executive Director within fifteen (15) working days from publication Employer for the purpose of the listsuch notification. An employee who is on layoff shallnotified to report to duty, for one but fails to notify the Employer within fourteen (114) school year after the effective date calendar days of layoff retain first preference his intention to recall rights in inverse order of layoff return to a position from which he or she is laid off provided he or she is qualifiedwork, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedconsidered as having forfeited his right to reemployment.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In Where the event Employer determines the Board determines need to reduce the number of employees in a particular job title, employees in affected positions shall be laid off based upon seniority with the bargaining unit by layoff during least senior employee laid off first. The laid off employee shall have the term right to bump the least senior person in a position in the same or lower job title provided that the laid off employee, in the judgment of the Employer, is qualified for the position. Disputes as to whether the Employer was arbitrary or capricious in its judgment as to qualifications may be subject to the grievance and arbitration provisions of this Agreement, where qualifications are equal, . Part-time and full-time employees shall be considered as separate job titles. Positions may not be split for purposes of effectuating a bump. Any employee who is laid off will be placed on a recall list by job title classification in the order of layoff his/her seniority. Recall rights shall be in reverse order continue for up to 24 months from the date of seniority as lay-off. If an employee who has been laid off because of a reduction in force is rehired within two years, the employee will retain his/her seniority based on his/her original date of hire, excluding the period of the Shore Collaborativelayoff. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board When an opening exists in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is workingEmployer has decided to fill, and a copy recall list for such job title exists, the position first will be forwarded offered to employees on the recall list on the basis of seniority. After 24 months on the recall list, or after refusing a recall to the President of this Association. This list shall same job title classification, a laid off employee’s name will be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days removed automatically from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a The laid off employee refuses an offer will be required to keep the Town advised of recall, his or his/her name shall be removed from current address; and the recall List, and recall rights shall be terminatedTown can rely on the latest address listed in its records.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. a. In the event the Board Superintendent determines to abolish staff positions or to reduce the number of employees in the bargaining unit by unit, layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall will be in the reverse order of seniority within the staff classifications, subject to qualifications and skills. The Superintendent and/or his or her designee shall be the sole judge of qualifications, so long as an employee such determination is not unreasonable.
b. For the purposes of this Article, there are two staff job classifications:
(1) Administrative Assistants
(2) Clerical Aides
c. For purposes of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total agreement:
(1) Total continuous time as a full-time professional regular employee of Shore Collaborative, in a permanent position covered by this Agreement, Agreement or in the bargaining unit in months and days shall be used to compute an employee's ’s length of service (seniority)) in a staff position. An employee shall will acquire seniority beginning after completing the probationary period and their seniority shall then date from the date beginning of his or her employment. For (In case of a situation where two or more members of the purposes of this articlebargaining unit are appointed on the same date, and there is need for reduction in force within the classification, they shall draw lots to establish their relative seniority status).
(2) The length of service of an employee shall be broken and no prior periods of employment with the Board Belmont Public Schools shall be counted if such employee:
A. : voluntarily resigns his or her employment; or
B. , or is discharged for cause. An approved leave by the School Committee.
(3) The length of absence service of an employee shall not constitute a break in servicebe broken, for purposes of this article, however but no seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post accrue, if an employee who has been discharged only for reasons of reduction in force is re-employed in a seniority list of all employees position covered by this Agreement. The list Agreement within a period of 18 months immediately following the end of the recall period.
d. Staff who are to be affected by a reduction in force shall show be notified thirty (30) calendar days prior to the date of hire and the program in on which the employee reduction is workingto be effective, and a copy or payment will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy made in lieu thereof.
e. Staff who are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one twelve (112) school year months after the effective date of layoff retain first preference layoff, be provided an opportunity according to recall rights in inverse order of layoff seniority status to apply for a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name in their classification that become available during this period.
f. Appointment to such vacancies shall be removed from based on merit and specific qualifications for each vacancy as determined by the recall List, administrator involved and recall rights the Superintendent for Curriculum and Instruction. Such determination shall not be terminatedsubject to arbitration.
g. An employee shall have the right to refuse re-employment for a longer or shorter work year without jeopardizing their layoff status.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines 1. When it becomes necessary to reduce the work force in a department, the Department Head shall designate the job classification(s) to be affected and the number of employees to be eliminated within the department or other organizational unit of the department which is identified as a Section or Subsection in this MOU. No regular employee shall be laid off in any job classification if there are temporary employees or seasonal employees in an active status in the bargaining unit same job classification within the department. It is not the intention of the County to use per diem employees for a replacement of regular laid off employees.
2. Any reduction in the number of regular employees holding a job classification designated by a Department Head shall be made by layoff during of employees in the term following order of employment status:
(a) Temporary promotion employees (return to former class);
(b) Probationary new employees;
(c) Probationary transfer employees, probationary promotional employees and regular employees.
3. Layoffs of employees within each classification shall be based primarily on most recent date of hire, with the least senior employees being laid off first. An employee may be laid off out of seniority when a less senior employee possesses essential skills necessary to the operation of the department subject to the approval of the Human Resources Director. Employees laid off out of seniority shall be given written notice of this Agreement, where qualifications are equalaction.
4. After consultation with the Human Resources Director or a designee, the order Department Head shall give notice to each regular employee affected by a reduction in force and to RCDDAA or RCAA, whichever is applicable, at least 14 days prior to the effective date of the action. The list given to RCDDAA or RCAA shall include a seniority list of the affected classes showing previously held positions. A list containing the names of the employees to be laid off shall at the same time be given to the Human Resources Director. RCDDAA or RCAA shall be in receipt of the layoff notice 24 hours prior to the time the affected employees are notified. The official notice of layoff shall be in reverse order given by the employing department. The notice shall include:
(a) The reason for layoff;
(b) The effective date of seniority as the action;
(c) If laid off out of seniority.
5. If an employee who has received official notice of xxxxxx has previously held regular status in another classification within the Shore Collaborative. Qualifications shall consist of evaluation department, and professional capabilitieswas not removed therefrom, for disciplinary reasons, such factors employee shall, upon request, be given a transfer or demotion within the department to such other classification in lieu of layoff unless such action cannot be determined solely by the Collaborative Board in a non- arbitrary accomplished without authorization of another position or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service displacement of an employee with greater seniority. The affected employee must request such transfer or demotion within seven days of written notification of layoff by personal delivery or mailing of a certified letter.
6. Regular employees who elect to demote under this provision shall be broken and no prior periods placed on the step nearest their regular salary within the salary grade of employment with the Board shall be counted if class to which they are demoting provided such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence step shall not constitute a break in serviceexceed present salary.
7. RCDDAA or RCAA, for purposes of this articlewhichever is applicable, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and will be provided a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the final layoff list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.
Appears in 1 contract
Samples: Memorandum of Understanding
REDUCTION IN FORCE. In the event the Board determines to reduce the number of employees LAYOFFS
A. The County shall determine in which class or classes within the bargaining unit by reduction in staff will have the least detrimental effect on departmental operations and will specify the layoff during accordingly. Within the term bargaining unit, all nonpermanent employees shall be laid off before any permanent employees and in the following order: temporary, provisional and probationary.
B. Seniority shall be the determining factor for purposes of this Agreementlayoff and right to rehire. Seniority shall be defined as total service time within the bargaining unit, where qualifications including all service time in higher ranking law enforcement positions within the Sheriff's Office that are equal, outside the bargaining unit. The employee with the least seniority shall be the first to be laid off. The order of layoff 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 as shall be broken by the drawing of lots.
C. 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 of in that class with less seniority. The employee displaced shall be considered as laid off for the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by same reason as the Collaborative Board person who displaced him/her.
D. An employee laid off in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent higher ranking law enforcement position covered by this Agreement, in months and days within the Sheriff's Department that is outside the bargaining unit shall be used permitted to compute displace an employee's length employee within the bargaining unit having less seniority. The employee displaced shall be considered as laid off for the same reason as the person who displaced him/her.
E. 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 minimal qualifications. The reemployment list shall remain in effect for a period of service two (seniority). An employee shall acquire seniority beginning 2) years from the date of his or her employmentlay off. For the purposes of this article, the length of service Refusal of an employee to accept an appointment to a position in a class from which he/she was laid off may result in the removal of the employee from the reemployment list.
F. 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 County concerning the implementation of such layoff. Employees affected shall be broken and no prior periods given thirty (30) days notice of employment layoff.
G. The County will cooperate with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An any employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he as a result of a reduction in force layoff and the State Employment Service (or she is qualified, certified, equivalent agency) in determining the rights to be afforded the separated employee(s) and meets the needs will inform employees of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, method and recall rights shall be terminatedprocedures to follow when applying for any available benefits.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines to reduce the number of A. Layoffs or reduction in work force in any particular division shall be in reverse seniority starting with Seasonal employees, then Part-time employees and finally Full-time employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall affected departments. Any part-time work will be combined to create full-time work when practicable. Recall will be in reverse order of seniority as layoffs. Fringe benefits will continue in full if an employee works an average of thirty (30) hours per week in each three (3) month period.
B. In the Shore Collaborative. Qualifications event a layoff of employee(s) is necessary due to a reduction of work; layoffs or reduction in work force in any department shall consist be in reverse seniority order, beginning with Seasonal employees, then Part-time employees, then Full-time employees in the affected departments.
C. Upon the availability of evaluation and professional capabilitieswork in the original department of any employee affected by layoff in this Article, such factors the affected employee must return to be determined solely by the Collaborative Board in a non- arbitrary his or capricious manner. For purpose of this article, total continuous time as her original department if he or she was a full-time professional employee of Shore Collaborativeand a full-time position is available, in or if he or she was a permanent part-time employee and a part-time position covered by this Agreementis available, in months and days unless due to a bid vacancy the employee has established an independent right to his or her current position.
D. Recall shall be used by seniority by department. The Company shall notify the employee(s) to compute an employee's length be recalled by certified mail at the address on file with the Company. It shall be the sole responsibility of service (seniority). An the employee shall acquire seniority beginning from to keep the date Company and the Union informed of his or her employmentcurrent address at all times. For Any employee recalled to work must notify the purposes Company of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave intention to return to work within five (5) calendar days after receipt of absence the recall notice and must return to work within fourteen (14) calendar days after receipt of the recall notice or shall not constitute a break in service, for purposes of this article, however forfeit recall rights and seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by under this Agreement. The list shall show date of hire fourteen (14) calendar day period may be extended if mutually agreed upon in writing by the Company and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedUnion.
Appears in 1 contract
Samples: Labor Agreement
REDUCTION IN FORCE. In Whenever it becomes necessary, as determined by the event the Board determines Employer, to reduce the number of non-certificated employees due to lack or projected lack of funds, or work, or abolishment of a position, the Employer shall proceed as follows:
A. The Employer shall determine the number of employees to be laid off in each affected classification. Job classifications include Custodian/Maintenance, Maintenance, Cashier, Head Cashier, Driver, Groundskeeper, Head Custodian, Maintenance Groundskeeper, Groundskeeper/Maintenance I, Grounds/Maintenance/Custodial, Health Aide, Health Aide II, Cook I, Head Mechanic, Mechanic/Maintenance, Media Center Specialist I, Media Center Specialist II, Cook II, Mechanic, Paraprofessionals.
B. The Employer shall provide affected employees with at least twenty (20) days’ notice of intended layoff.
C. The Employer may consider laying off an employee(s) in the classification(s) to be reduced who submits to the Treasurer written notice of his/her willingness to be laid off. The Employer has absolute discretion to lay off or retain any such volunteer(s).
D. In the absence of a volunteer(s) deemed suitable by the Employer, the Employer shall use the following order of layoff:
1. All temporary, casual, probationary and substitute employees in the bargaining unit by layoff during affected classification(s) shall be laid off, beginning with last hired and proceeding to first hired.
2. Further reductions shall be made in the term of this Agreement, where qualifications are equal, the inverse order of layoff classification seniority from among employees in the affected classification(s).
E. The Employer shall be in reverse order of seniority as permit an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors who is to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time laid off as a full-time professional employee result of Shore Collaborative, a reduction in a permanent position covered by this Agreement, in months and days shall be used force to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of bump an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:less seniority in another classification.
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list1. An employee who is to be laid off may be eligible to bump into a classification in which he/she has been successfully employed by the Employer in the recent past, provided that the employee currently is qualified for the position into which he/she seeks to bump, A displaced employee who bumps into a new classification will be assigned to the appropriate wage step in the new classification.
F. Employees who are laid off shall be placed on layoff shalla recall list for a period of twenty-four (24) months, for one (1if a position opens up in a classification in which an employee(s) school year after on the effective date of layoff retain first preference to recall rights list was employed at the time he/she was laid off, such employee(s) will be recalled in inverse reverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedlayoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. a. The term "layoff" as used herein shall be separate and distinct from the terms “resignation,” “retirement” and “dismissal,” and shall mean the loss of an employee's employment with the Employer which is the result of any reason other than resignation, retirement or dismissal.
b. In the event that the Board determines to reduce the number Employer anticipates that a layoff of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equalis to take place, the order Employer will provide the Association with written notification which will include the positions proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be at least thirty (30) calendar days before the official action is to be taken. Upon the Association’s request, the Employer will make available to the Association any data requested which was used by the Employer in making the layoff determination. Any employee who is to be placed on layoff will be so notified in writing, by certified mail, at least thirty (30) days prior to the effective date of the layoff. The Association will be provided with a listing of the employees being notified of the layoff.
c. Layoffs shall be in reverse order of seniority as an seniority; that is, the employee last hired shall be the first released.
d. All recalls to employment shall likewise be in order of seniority; that is, the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time last employee released as a full-time professional employee result of Shore Collaborative, a Reduction in a permanent position covered by this Agreement, in months and days Force shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this articlefirst rehired, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which provided the employee is working, able to meet the physical requirements of the job. The Employer shall notify in writing such employees to return to work and furnish the Association with a copy will be forwarded to the President of this Associationsuch notification. This list It shall be deemed the employee's responsibility to be accurate unless challenges to its accuracy are submitted in writing to maintain a current address on record with the Executive Director within fifteen (15) working days from publication Employer for the purpose of the listsuch notification. An employee who is on layoff shallnotified to report to duty, for one but fails to notify the Employer within fourteen (114) school year after the effective date calendar days of layoff retain first preference his intention to recall rights in inverse order of layoff return to a position from which he or she is laid off provided he or she is qualifiedwork, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from considered as having forfeited his right to reemployment.
e. Layoffs and subsequent recall shall not be considered as a new employment affecting the recall Liststatus of previous employees, and recall rights nor shall be terminatedit require the placement of reemployed personnel in a probationary status.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. a. A Reduction in Force and the term "layoff" as used herein shall be separate and distinct from the terms “resignation,” “retirement” and “dismissal,” and shall mean the loss of an employee's employment with Employer which is the result of any reason other than resignation, retirement or dismissal.
b. In the event the Board determines to reduce the number that Employer anticipates that a layoff of employees is to take place, Employer will provide Association with written notification which will include the positions proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be at least thirty (30) calendar days before the official action is to be taken. Upon Association request, Employer will make available to Association any data requested which pertains to the layoff determination. Any employee who is to be placed on layoff will be so notified in writing, by certified mail, at least thirty (30) days prior to the effective date of the layoff. The Association will be provided with a listing of the employees being notified of the layoff.
c. Layoffs caused by Reduction in Force shall be in order of seniority; that is, the employee last hired shall be the first released.
d. No full-time employee shall be laid off while temporary or part-time employees are serving in the bargaining unit by layoff during the term unit.
e. All recalls to employment shall likewise be in order of this Agreement, where qualifications are equalseniority; that is, the order last employee released as a result of layoff a Reduction in Force shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilitiesfirst rehired, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which provided the employee is working, able to meet the physical requirements of the job. The Employer shall notify in writing such employees to return to work and furnish the Association with a copy will be forwarded to the President of this Associationsuch notification. This list It shall be deemed the employee's responsibility to be accurate unless challenges to its accuracy are submitted in writing to maintain a current address on record with the Executive Director within fifteen (15) working days from publication Employer for the purpose of the listsuch notification. An employee who is on layoff shallnotified to report to duty, for one but fails to notify Employer within fourteen (114) school year after the effective date calendar days of layoff retain first preference his intention to recall rights in inverse order of layoff return to a position from which he or she is laid off provided he or she is qualifiedwork, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from considered as having forfeited his right to reemployment.
f. Layoffs and subsequent recall shall not be considered as a new employment affecting the recall Liststatus of previous employees, and recall rights nor shall be terminatedit require the placement of reemployed personnel in a probationary status.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In Whenever it becomes necessary, as determined by the event the Board determines Employer, to reduce the number of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equalemployees, the order of layoff Employer shall be in reverse order of seniority proceed as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employeefollows:
A. voluntarily resigns his or her employment; orThe Employer shall determine the number of employees to be laid off in each affected classification. Job classifications include Service and Support Specialist and Nurse.
B. is discharged for cause. An approved leave The Employer shall endeavor to provide affected employees with at least (20) days notice of absence shall not constitute a break intended layoff.
C. The Employer may consider laying off an employee(s) in service, for purposes the classification(s) to be reduced who submits to the Business Manager written notice of this article, however seniority shall not continue his/her willingness to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreementbe laid off. The list Employer has absolute discretion to lay off or retain any such volunteer(s).
D. In the absence of a volunteer(s) deemed suitable by the Employer, the Employer, shall show date of hire and the program in determine which the employee employee(s) is working, and a copy will be forwarded to the President of this Association. This list shall be deemed (are) to be accurate unless challenges laid of on the basis of seniority.
E. The Employer may permit an employee who is to its accuracy are submitted be laid off as a result of a reduction in writing force to the Executive Director within fifteen (15) working days from publication of the listbump an employee with less seniority in another classification.
1. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is be laid off may be eligible to bump into a classification within PGO contract provided he or that the employee currently is qualified for the position into which he/she is qualifiedseeks to bump. A displaced employee who bumps into a classification will be assigned to the appropriate wage step in the new classification.
2. In determining whether to permit bumping, certified, and meets the needs Employer shall consider the factors identified in paragraph D above.
F. Employees who are laid off shall be placed on a recall list for a period of the Collaborativetwenty-four (24) months. If a position opens up in a classification in which an employee(s) on the recall list was employed at the time he/she was laid off employee refuses an offer off, such employee(s) will be recalled in reverse order of recall, his or her name layoff. The provisions of this article are intended to supersede the procedures set forth in O.R.C. 124.321. Bargaining unit employees being recalled to work after layoff shall be removed notified by the Employer by telephone and by certified mail sent to each employee’s last address on record in the Employer’s Human Resource Department and shall have ten (10) working days, exclusive of Saturdays, Sundays, or holidays, from the recall Listdate of mailing within which to report to work. Such mailing address or telephone number may be used by the Employer in giving any notice to the employee which may be required under any provisions of this Agreement.
G. Should the Employer determine that a reduction in force is necessary, the Employer will notify the Columbus office of the Union and recall rights schedule a meeting. The meeting shall be terminatedoccur at least ten calendar days prior to the notice going out as provided in Article 10 (B) of this Agreement. The Employer and Union will discuss the offer to volunteers to take a reduction in hours prior to imposing an involuntary reduction in force.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event If full-time employees are removed or dismissed or have their hours decreased as a result of a decision by the Board determines to reduce either decrease the number of employees in employees, to discontinue a particular type of educational support service, or to reduce hours of employment, written notice, together with a letter of honorable dismissal and the bargaining unit by layoff during the term of this Agreementreason therefore, where qualifications are equal, the order of layoff shall be given the employee at least forty-five (45) days before he/she is to be removed or dismissed. Reductions shall be made in reverse order of seniority within the separate categories as an employee set forth in Article VI.E above, provided, however, that the employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the Shore Collaborativeemployee(s) with less seniority. Qualifications Any employee who has completed three (3) or more years of service in the District and whose position is being reduced shall consist be entitled to bump a less senior employee in any other category for which the person is qualified. The determination of evaluation qualifications shall be made by the Board and professional capabilitiesshall not be subject to the grievance and arbitration procedure set forth in Article VII. If a vacancy occurs following a staff reduction within the recall period authorized by law, such factors the Board shall first offer reemployment to the employee(s) laid off (by category) in the reverse order of the reduction, provided the employee to be recalled is determined solely by to possess the Collaborative Board current skills, qualifications, and abilities necessary to perform the work in a non- arbitrary the job to which recalled. This recall right shall not apply to probationary or capricious manner. For purpose of this article, total continuous time as a fullpart-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority)employees. An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence so recalled shall not constitute be deemed to have suffered a break in serviceemployment as a result of the RIF, but the employee shall not accrue any benefits, including seniority, for purposes the period of this article, however seniority the reduction. Notice of recall shall not continue be sent to accrue during such leave. Each fall an employee by certified mail (return receipt request) to the Executive Director shall post a seniority list of all employees covered last address submitted to the Board by this Agreementthe employee. The list employee must notify the Board, in writing within ten (10) calendar days of mailing or within five (5) calendar days of receipt of the offer, whichever shall show date first occur, of hire and the program in which acceptance or rejection of any vacant position tendered to the employee is working, and during the recall period. Any employee who fails to notify the Board of his/her acceptance or rejection of a copy will be forwarded to tendered position within the President of this Association. This list timelines set forth above shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, have waived his or her name shall recall rights and will no longer be removed from eligible for any other vacant positions that become available within the recall List, and recall rights shall be terminatedperiod.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In A. Any employee who is laid off because of a reduction in staff shall be notified at least two (2) weeks in advance, when possible, in writing by the event Executive Director of Human Resources/Legal Affairs or his designee.
B. The Board shall, in an instance of reduction in force, determine the position(s) to be affected, and notify the Union of such reductions. The decision of the Board determines with respect to reduce said reductions in personnel shall be final.
1. Probationary employees assigned to the number of affected position(s) shall be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) shall be laid off in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the reverse order of layoff their seniority, with the employee having the least seniority being laid off first.
3. Employees laid off through the procedures set forth in this Article shall be retained on a recall list for a period equal to the sum of their accrued seniority, and shall be recalled in reverse order of their layoff to their former position (or to vacant positions) should any become available, without implementing the bid procedure.
4. The parties reserve the right during period(s) of reduction(s) to meet and discuss alternative procedures to the implementation of Article 13 (B)(2) and (3). Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth in sections (2) and (3). This provision shall become effective after the ratification of this Agreement.
C. Recall of laid off Xxxx Adult High School Assistants performing instructional duties shall be from the primary subject area from which the assistant was laid off, or to an area for which the assistant is qualified, by seniority. Qualified shall be defined as: A person that has taken post-graduate classes in the subject area or one that has had experiences working in the subject field. It is understood that no application of the aforestated seniority standard shall, for purposes of layoff or recall, compel the Board to retain or recall any employee in any position for which he/she cannot perform all the duties and meet all the requirements of the position as set forth in the job description.
D. No position shall be filled, except on a temporary basis while employees entitled to recall remain on layoff.
E. An employee laid off under this Article shall be retained on a recall list for a period equal to the sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at his/her last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors fails to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and report for work within five (5) working days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or receipt of the recall notice, the employee shall be considered as having voluntarily terminated his/her employment. For the purposes of this article, the length of service of an It is understood that such employee shall be broken and no prior periods of employment with is responsible for keeping the Board shall advised in writing of any change of address, and will not be counted excused for failure to report for work upon recall if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and fails to receive a copy will be forwarded recall notice because of his/her own failure to advise the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted Board in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date a change of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedaddress.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In A. Any employee who is laid off because of a reduction in staff shall be notified at least two (2) weeks in advance, when possible, in writing by the event Executive Director of Human Resources/Legal Affairs or his designee.
B. The Board shall, in an instance of reduction in force, determine the position(s) to be affected.
1. Probationary employees assigned to the affected position(s) shall be laid off in an order determined by the Board.
2. Non-probationary employees assigned to the affected position(s) shall be laid off, with the employee having the least seniority being laid off first.
C. An employee who has been laid off from an affected position may displace an employee in a position the laid off employee has previously held, provided the displacing employee has more seniority than the employee to be displaced.
D. It is understood that no application of the aforestated seniority standard shall, for purposes of layoff or recall, compel the Board determines to reduce retain or recall any employee in any position for which he/she cannot perform all the number duties and meet all the requirements of the position as set forth in the job description.
E. No position shall be filled, except on a temporary basis while qualified employees in entitled to recall remain on layoff. Employees shall be recalled by their seniority, with the most senior qualified employee being recalled first and the least senior qualified being recalled last. The Board agrees that it will not hire new employees for positions within the bargaining unit by layoff during the term of so long as a qualified employee remains on layoff.
F. An employee laid off under this Agreement, where qualifications are equal, the order of layoff Article shall be retained on a recall list for a period equal to the sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at his/her last known address as recorded in reverse order the Office of seniority as Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors fails to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and report for work within five (5) working days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or receipt of the recall notice, the employee shall be considered as having voluntarily terminated his/her employment. For It is understood that such employee is responsible for keeping the purposes Board advised in writing of this articleany change of address, and will not be excused for failure to report for work upon recall if the length employee fails to receive a recall notice because of service his/her own failure to advise the Board in writing of an a change of address.
G. An employee shall not be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue permitted to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An displace another employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or works more hours per day than he/she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminateddoes.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines to reduce the number of employees in the bargaining unit by layoff during A. During the term of this Agreement, where qualifications are equal, the order of layoff contract there shall be no reduction of personnel except for good cause, reduction in reverse order of seniority as an employee finances and reduction in student enrollment, and then only in conformity with this Agreement and with the Statutes of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilitiesState.
B. If a reduction in personnel is being considered, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall notify and consult with the Association as soon as practical, but not later than April 30 of the year in which the reduction is to take place. The Board shall state to the Association the reasons for determining that a reduction of staff is deemed necessary.
C. Leaves of absence without pay shall automatically be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for causegranted to all employees affected by a reduction. An approved leave These leaves of absence shall not constitute a break in serviceprohibit the employees from seeking and accepting gainful employment elsewhere, for purposes of this article, however seniority and shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication terminated for that reason except on written request of the listemployee. An employee who is on layoff shall, may elect to take and will be granted leave of absence without pay during the staff reduction irrespective of his position or the seniority list. Such leave shall be in effect for one (1) school year after year.
X. Xxxxxx said leave of absence, the effective date employee shall receive no insurance benefits at Board expense. Provisions will be made where possible that employees may continue, at their own expense, the insurance coverage at the group rate.
E. During said leave of layoff retain first preference absence, the employee’s seniority shall remain unbroken despite such leave, and his accumulated sick leave shall not be cancelled, but shall remain credited to recall rights him pending his return to an assignment in inverse order this district within the procedure outlined in Paragraph H, Section 1 of layoff this Article.
F. The fact that an employee is placed on leave of absence for the purpose of staff reduction shall not result in the loss of status or credit for previous years of service. Upon return to the district, he shall assume the step position on the salary schedule which he would have held had he been actively employed in the district to a position from maximum of one (1) year’s credit.
G. Reduction of certified personnel who are represented by the bargaining unit shall be made according to the following:
1. Seniority for the purpose of this Article shall be defined as non- terminated years of employment in the district. Leaves of absence shall be subject to the provisions in Article XVIII of this Agreement.
2. A seniority list shall be prepared by the Board and presented to the Association (which he or she includes all present bargaining unit personnel) sixty (60) days prior to the anticipated reduction.
3. It is expressly understood that the Association shall have the right to review the layoff list prior to notification of the individual employees to be laid off. In the event of a disagreement concerning the layoff list, the Association shall have the right to meet with the superintendent prior to notification of the individual employees and prior to the notification deadline.
4. Probationary teachers will be laid off provided he or she first where any teacher who has acquired tenure and whose position has been curtailed is qualified, certified, certified and meets qualified to perform the needs services of the Collaborativeprobationary employee.
5. If a In the event teachers must be laid off employee refuses an offer off, layoff will be on the basis of recallseniority and certification, his or her name except as provided for in Number 4 above.
6. In the case of teachers with identical seniority, this level of certification shall be removed from the recall List, and recall rights standard. Those with less than standard certification shall be terminatedconsidered for layoff before anyone with standard certification.
7. In the case of identical certification, the accumulation of credits toward standard certification shall be the standard.
8. In the case of all the above factors being equal, teachers shall be considered on the basis of their evaluation ratings with the least satisfactory to be released from service first providing that the evaluations were performed according to the terms of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event If full-time employees are removed or dismissed or have their hours decreased as a result of a decision by the Board determines to reduce either decrease the number of employees in employees, to discontinue a particular type of educational support service, or to reduce hours of employment, written notice, together with a letter of honorable dismissal and the bargaining unit by layoff during the term of this Agreementreason therefore, where qualifications are equal, the order of layoff shall be given to the employee at least forty-five (45) days before removal or dismissal. Reductions shall be made in reverse order of seniority within the separate categories as an employee set forth in Article VI.2.F above, provided, however, that the employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the Shore Collaborativeemployee(s) with less seniority. Qualifications Any employee who has completed three (3) or more years of service in the District and whose position is being reduced shall consist be entitled to bump a less senior employee in any other category for which the person is qualified. The determination of evaluation qualifications shall be made by the Board and professional capabilitiesshall not be subject to the grievance and arbitration procedure set forth in Article VII. If a vacancy occurs following a staff reduction within the recall period authorized by law, such factors the Board shall first offer reemployment to the employee(s) laid off (by category) in the reverse order of the reduction, provided the employee to be recalled is determined solely by to possess the Collaborative Board current skills, qualifications, and abilities necessary to perform the work in a non- arbitrary the job to which recalled. This recall right shall not apply to probationary or capricious manner. For purpose of this article, total continuous time as a fullpart-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority)employees. An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence so recalled shall not constitute be deemed to have suffered a break in serviceemployment as a result of the RIF, but the employee shall not accrue any benefits, including seniority, for purposes the period of this article, however seniority the reduction. Notice of recall shall not continue be sent to accrue during such leave. Each fall an employee by certified mail (return receipt request) to the Executive Director shall post a seniority list of all employees covered last address submitted to the Board by this Agreementthe employee. The list employee must notify the Board, in writing within ten (10) calendar days of mailing or within five (5) calendar days of receipt of the offer, whichever shall show date first occur, of hire and the program in which acceptance or rejection of any vacant position tendered to the employee is working, and during the recall period. Any employee who fails to notify the Board of the acceptance or rejection of a copy will be forwarded to tendered position within the President of this Association. This list timelines set forth above shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to have waived recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall will no longer be removed from eligible for any other vacant positions that become available within the recall List, and recall rights shall be terminatedperiod.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines A. When it becomes necessary to reduce the work force in a department, the Department Head shall designate the job classification(s) to be affected, and the number of employees to be eliminated within the department or other organizational unit of the department which is identified as a Section or Subsection in this MOU. No regular employee shall be laid off in any job classification if there are temporary employees or seasonal employees in an active status in the bargaining unit same job classification within the department. It is not the intention of the County to use per diem employees for a replacement of regular laid off employees.
B. Any reduction in the number of regular employees holding a job classification designated by a Department Head for layoff during shall be made in the term following order of employment status:
1. Temporary promotion employees (return to former class);
2. Probationary new employees;
3. Probationary transfer employees, probationary promotional employees, and regular employees.
C. Layoffs of employees within each classification shall be based primarily on date of hire, with the least senior employees being laid off first. An employee may be laid off out of seniority when a less senior employee possesses essential skills necessary to the operation of the department, subject to the approval of the Human Resources Director. Employees laid off out of seniority shall be given written notice of this Agreement, where qualifications are equalaction.
D. After consultation with the Human Resources Director or a designee, the order Department Head shall give notice to each regular employee affected by a reduction in force and to the recognized employee organization that represents the affected employee's representation unit, at least 14 days prior to the effective date of the action. The list given to the employee organization shall include a seniority list of the affected classes showing previously held positions. A list containing the names of the employees to be laid off shall at the same time be given to the Human Resources Director. The recognized employee organization shall be in receipt of the layoff notice 24 hours prior to the time affected employees are notified. The official notice of layoff shall be in reverse order given only by the employing department. The notice shall include:
1. The reason for layoff;
2. The effective date of seniority as the action;
3. If laid off out of seniority.
E. If an employee who has received official notice of xxxxxx has previously held regular status in another job classification within the Shore Collaborative. Qualifications shall consist of evaluation department, and professional capabilitieswas not removed therefrom for disciplinary reasons, such factors employee shall, upon request, be given a transfer or demotion within the department to such other classification in lieu of layoff unless such action cannot be determined solely by the Collaborative Board in a non- arbitrary accomplished without authorization of another position or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service displacement of an employee with greater seniority. The affected employee must request such transfer or demotion within seven days of written notification of layoff by personal delivery or mailing of a certified letter. Regular employees who elect to demote under this provision shall be broken and no prior periods placed on the step nearest their present salary within the range of employment with the Board shall be counted if class to which they are demoting provided such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence step shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. exceed present salary.
F. The list shall show date of hire and the program in which the affected employee is working, and organization will be provided a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the final layoff list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.
Appears in 1 contract
Samples: Memorandum of Understanding
REDUCTION IN FORCE. In the event the Board determines to reduce the number of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall be in reverse order of seniority as an employee of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- non-arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. : voluntarily resigns his or her employment; or
B. or is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A dismissal of an employee to reduce the workforce (layoff), as distinguished from a dismissal for just cause, shall not be made unless and until the Employer establishes that such dismissal is necessary for legitimate business reasons and all other reasonable alternatives have been considered in good faith as provided below. In the event of a layoff affecting employees within the Board determines bargaining unit, the Organization shall begin the process by consulting with the Guild at least one (1) week in advance of notice to the affected employees. The Organization will provide a detailed explanation and budget demonstrating why these unit positions are being eliminated and shall meet with the Guild to discuss potential alternatives to layoffs. Employees will not lose access to company email and other company resources until the end of the notice period, unless email or company resources are misused to disparage or otherwise harm the company, its clients or potential clients. In that case, the employee will lose access immediately upon discovery and forfeit all claims to severance. Employees may use work time during their notice period to look for and secure other employment. These activities may include but are not limited to online job searching, drafting resumes and cover letters, and conducting interviews. Supervisors are encouraged to discuss with their employees job opportunities within the Organization and the labor movement. At the same time as notifying the affected employees of the layoff, the Organization agrees to notify all unit Employees of the intended layoff, and request whether any of the Employees wish to volunteer for the layoff to reduce the number of employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff shall Employees to be in reverse order of seniority as an employee laid off. The Guild will be provided with a copy of the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service of an employee shall be broken and no prior periods of employment with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded notice to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing Employees at the same time it is sent to the Executive Director within fifteen (15Employees. Provided the selection for layoff of any Employee(s) working days from publication of who volunteers for layoff would meet the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, financial and meets the operating needs of the Collaborative. If a laid off employee refuses an offer of recallEmployer, his or her name such volunteer(s) shall be removed from the recall Listperson(s) selected for layoff. To the extent that selection of any or all of the volunteers would not meet the above-stated Employer needs, and recall rights or volunteers are not in sufficient numbers to meet the layoff numbers, the Employer shall proceed with its own layoff selections. Consideration of Employees for dismissal or layoff for economic reasons will be terminatedimplemented on the basis of seniority.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Board determines A. When it becomes necessary to reduce the work force in a department/district, the department/district head shall designate the job classification(s) to be affected, and the number of employees to be eliminated within the department/district. No regular employee shall be laid off in any job classification if there are temporary employees or seasonal employees in an active status in the bargaining unit same job classification within the department/district. It is not the intention of the County to use per diem employees for a replacement of regular laid off employees.
B. Any reduction in the number of regular employees holding a job classification designated by a department/district head for layoff during shall be made in the term following order of employment status:
1. Temporary promotion employees (return to former class);
2. Probationary new employees;
3. Probationary transfer employees, probationary promotional employees, and regular employees.
C. Layoffs of employees within each classification shall be based primarily on date of hire, with the least senior employees being laid off first. An employee may be laid off out of seniority when a less senior employee possesses essential skills necessary to the operation of the department, subject to the approval of the Human Resources Director. Employees laid off out of seniority shall be given written notice of this Agreement, where qualifications are equalaction.
D. After consultation with the Human Resources Director or a designee, the order department/district head shall give notice to each regular employee affected by a reduction in force and to the recognized employee organization that represents the affected employee's representation unit, at least fourteen (14) days prior to the effective date of the action. The list given to the employee organization shall include a seniority list of the affected classes showing previously held positions. A list containing the names of the employees to be laid off shall at the same time be given to the Human Resources Director. The recognized employee organization shall be in receipt of the layoff notice twenty-four (24) hours prior to the time affected employees are notified. The official notice of layoff shall be in reverse order given only by the employing department. The notice shall include:
1. The reason for layoff;
2. The effective date of seniority as the action;
3. If laid off out of seniority.
E. If an employee who has received official notice of xxxxxx has previously held regular status in another job classification within the Shore Collaborative. Qualifications shall consist of evaluation department/district, and professional capabilitieswas not removed there from for disciplinary reasons, such factors employee shall, upon request, be given a transfer or demotion within the department/district to such other classification in lieu of layoff unless such action cannot be determined solely by the Collaborative Board in a non- arbitrary accomplished without authorization of another position or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the purposes of this article, the length of service displacement of an employee with greater seniority. The affected employee must request such transfer or demotion within seven (7) days of written notification of layoff by personal delivery or mailing of a certified letter. Regular employees who elect to demote under this provision shall be broken and no prior periods placed on the step nearest their present salary within the range of employment with the Board shall be counted if class to which they are demoting provided such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence step shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and exceed present salary.
X. XXXX will be provided a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the final layoff list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminated.
Appears in 1 contract
Samples: Memorandum of Understanding
REDUCTION IN FORCE. In the event the Board determines to reduce the number SECTION 19.1: Reduction in force among non-competitive and labor class employees:
(a) Where, because of employees in the bargaining unit by layoff during the term economy, consolidation or abolishment of this Agreementfunctions, where qualifications are equalcurtailment of activities or otherwise, the order of layoff College finds it necessary to abolish positions, such abolishments shall be made in reverse order of seniority as an employee of accordance with the Shore Collaborative. Qualifications shall consist of evaluation and professional capabilities, such factors to be determined solely by the Collaborative Board in a non- arbitrary or capricious manner. For purpose of this article, total continuous time as a full-time professional employee of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service provisions hereinafter set forth.
(seniority). An employee shall acquire seniority beginning from the date of his or her employment. For the b) Seniority for purposes of this article, section shall be defined as the length period of service of an employee with the College dating from the first date of employment in the collective bargaining unit, provided such employee is retained by the College past the probationary period.
(c) The College will make every reasonable effort to discuss with the Union any and all anticipated job abolishments before such anticipated action is made public. The College will notify and discuss with the unit president prior to the College notification to affected employees in respect to any and all anticipated job abolishments.
(d) Competitive, non-competitive, and labor class employees subject to layoff as a result of job abolishment shall be broken and no given at least thirty (30) calendar days' notice prior periods to the date of employment termination. Employees subject to being bumped as a result of job abolishments shall be given at least fifteen (15) calendar days' notice prior to the date of termination.
(e) Reinstatement of laid off employees under this section shall be in inverse order of layoff, in accordance with the Board shall be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged for cause. An approved leave of absence shall not constitute a break in service, for purposes provisions of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list agreement or of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is workingCivil Service Law Rules, and Regulations.
(f) Any non-competitive or labor class employee subject to layoff under this section who refuses appointment in a copy will be forwarded to the President of lower title as set forth in this Association. This list section shall forfeit all rights contained in this section.
(g) A competitive, non-competitive or labor class employee shall be deemed to have seniority in accordance with this section and shall not be accurate unless challenges laid off as a result of job abolishment until College funded, part time, temporary, seasonal and probationary employees within the job title within the College in which such job abolishments occur have been laid off. If such full-time employees are laid off, they shall be offered, in seniority order, any part-time positions for which they qualify within the College.
(h) Any labor class or non-competitive employee subject to its accuracy are submitted lay-off as a result of job abolishment may exercise seniority rights to displace an incumbent with the least seniority in writing a lower rated title where there is a direct line of promotion or demotion or where the displaced incumbent has previously served in another position prior to serving in the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he is being displaced, providing the employee is physically capable of performing the work. The employee shall have the option of electing whether to displace a person in a lower rated job title or she is laid off provided he retreat to a previously held position.
SECTION 19.2: For the purpose of this article Bargaining Unit Employees shall retain their County seniority date if different from their service date with the College. All job abolishments and recalls will be made in accordance with Civil Services Law, Rules and Regulations.
SECTION 19.3: MCC agrees to notify the Unit President of any abolishments, creations or she is qualified, certified, and meets the needs transfers out of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedbargaining unit prior to implementation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In A. The Board may reduce personnel or hours through layoffs, the event abolishment of positions, or similar measures. The Board may take such action for any reason it determines necessary, including, but not limited to, lack of work, lack of funds, termination of programming, or other considerations.
B. When taking action to implement a reduction of personnel or hours, the Board determines shall specify the reason necessitating the reduction. The employee whose position or hours are being affected shall be provided with written notice of the Board's action.
C. For the purpose of reductions, layoffs, or recall, the Career Center's then current job classifications shall be used. Employees in the affected classification will be reduced on the basis of seniority. Employees shall not have the right to reduce the number of displace or "bump" employees in the bargaining unit by layoff during the term of this Agreement, where qualifications are equal, the order of layoff another job classification.
D. Seniority shall be in reverse order defined as follows:
1. The length of seniority as continuous employment by an employee of the Shore CollaborativeBoard, as computed from the employee's beginning date of work. Qualifications Work as a substitute employee prior to being a regular employee shall consist not be counted toward seniority.
2. Leaves of evaluation and professional capabilitiesabsence granted by the Board shall not be counted toward seniority, such factors nor shall they break any accumulated seniority.
3. In cases of identical seniority, the date of the Board of Education meeting at which the employee was hired shall determine his/her position on the seniority list. If there is still identical seniority, the date of the employee's initial application will determine his/her position on the seniority list. The third tiebreaker will be the employee's date of entry into his/her classification. If a tie continues, the position on the seniority list will be determined by a flip of the coin. The local OAPSE President shall have the opportunity to be present for the coin flip.
E. Employees who have been laid off shall be placed on a recall list. Employees on the recall list will have the opportunity to be placed in an opening which occurs in the same classification the employee formerly held at the time the employee was laid off. The order of recall shall be determined solely on the basis of greater seniority, as defined above. Notice of recall shall be emailed and sent to the employee by certified mail to the last email and mailing address provided by the Collaborative Board in a non- arbitrary or capricious manneremployee to the Treasurer's office. For purpose The period of this article, total continuous time as a fullrecall eligibility shall continue for twenty-time professional employee four (24) months from the date of Shore Collaborative, in a permanent position covered by this Agreement, in months and days shall be used to compute an employee's length of service (seniority)layoff. An employee shall acquire seniority beginning remain eligible for recall unless:
1. The time limit for recall has expired; or
2. The employee resigns; or
3. The employee accepts or declines recall to the same job classification from which the date employee was laid off; or
4. The employee fails to respond to a recall notice within ten (10) calendar days of his receipt or her employment. For attempt of delivery to the purposes of this articleemployee's last known residence.
F. Upon return to service, the length of service of an employee shall be broken and no prior periods credited with all back seniority. However, the period of employment with the Board layoff shall not be counted if such employee:
A. voluntarily resigns his or her employment; or
B. is discharged within that earned seniority total. Experience credit will not be granted for cause. An approved leave the period of absence shall not constitute a break in service, for purposes of this article, however seniority shall not continue to accrue during such leave. Each fall the Executive Director shall post a seniority list of all employees covered by this Agreement. The list shall show date of hire and the program in which the employee is working, and a copy will be forwarded to the President of this Association. This list shall be deemed to be accurate unless challenges to its accuracy are submitted in writing to the Executive Director within fifteen (15) working days from publication of the list. An employee who is on layoff shall, for one (1) school year after the effective date of layoff retain first preference to recall rights in inverse order of layoff to a position from which he or she is laid off provided he or she is qualified, certified, and meets the needs of the Collaborative. If a laid off employee refuses an offer of recall, his or her name shall be removed from the recall List, and recall rights shall be terminatedlayoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement