Common use of REDUCTION IN WORK FORCE Clause in Contracts

REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee. B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final. C. In the event of a layoff, the procedure below will be followed: 1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board. 2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first. 3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced. 4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure. 5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement. D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the 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 employees entitled to recall remain on layoff. F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.

REDUCTION IN WORK FORCE. ‌ The College and the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the College. When the College determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner: A. Any After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process. B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below. C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position. D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is laid off because bumped as a result of a reduction in staff force. E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be notified at least two weeks in advance, when possible, by certified mail by “bumped,” and shall keep the Office Association informed of these timetables so that it may work with its members through the Executive Director of Human Resources/Legal Affairs or her/his designeebumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective. B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final. C. In the event of a layoff, the procedure below will be followed: 1. Probationary employees assigned to the affected position(s) F. Employees who have been notified they will be laid off in an order determined by the Boardor bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materials. 2. Non-probationary employees assigned G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected position(s) will be laid off immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article. X. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the reverse order new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of their senioritygrade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade). I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reduced. J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee having at the least seniority being laid off firstend of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge. 3. During a K. Upon the date of reduction in workforce non-probationary employees from the college, the persons who have been laid off or bumped will first be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list. L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following: 1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered any the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority. 2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are the same within 10% of their FTE or close to the same as the number within one (1) grade of days and hours as the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from which they are being laid offthe preferred hiring list. 3. The Procedure that Preferred hiring status will follow next, end prior to completion of the preferred hiring term if a person is an employee may at the time of their layoff, displace the least senior employee within the program working the same unsuccessful in two job placements through bumping or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displacedpreferred hiring. 4. Employees laid off through A person on the procedures set forth in this Article preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will be retained on a recall list have been terminated for a period equal to all purposes as of the sum end of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedurethat term. 5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The parties reserve the right during a period of reduction to meet offer and discuss alternative procedures position description will be delivered to the implementation affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the layoff procedure. Absent mutual agreement date the offer is made unless that deadline is extended by the parties in College. If the eighth calendar day falls on a timely fashionday that the College is closed, the Board reserves deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals. 6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C. 7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement. M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position. N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to implement professional development funds under the provisions set forth. This provision shall become effective after same terms as classified employees who remain with the ratification of this AgreementCollege. D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the 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 employees entitled to recall remain on layoff. F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.

REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee. B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final. C. In the event of a layoff, the procedure below will be followed: 1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board. 2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first. 3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced. 4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure. 5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement. D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the 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 employees entitled to recall remain on layoff. F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.

REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee. B. In an instance of reduction in force, the Board will determine the positions to be affected and 11.01 The Company shall notify the Union as soon as possible prior to any layoff or when the Company reduces the number of such reductionregular full-time employees. The decision Company will meet with the Union within 48 hours (unless circumstances beyond reasonable control occur) to determine the number of the Board with respect employees in each classification/ department to said reductions in personnel shall be final. C. In the event of a layoff, the procedure below will be followed: 1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by and will provide the BoardUnion with a seniority list stating each employee’s hire date, classification/departmental seniority, employment status and qualifications. 2. Non-probationary 11.02 All employees assigned to the affected position(s) will shall receive at least 14 days working notice of layoff or two weeks’ pay in lieu of notice. 11.03 The last person hired shall be laid off first, and when the force is again increased, employees are to be returned to work in the reverse order in which they are laid off during the layoff process, subject to qualifications. Notice of their seniority, layoff shall be sent by email and registered mail to the address last filed by the employee with the employee having Company. The Union shall be copied on the least seniority being laid off firstelectronic layoff notices unless circumstances are out of the Employer’s control. Employees are required to provide a “read receipt” of such electronic correspondence, which will be acknowledged and recorded by the company. Employees whom refuse to provide a “read receipt” or sign and collect registered notices sent forth by the Company will be reported to the Union’s attention. 3. During a reduction in workforce non-probationary employees 11.04 Seniority will continue to accrue during the recall period. 11.05 An employee who have has been laid off will first be offered any vacant positions that are the same or close shall remain listed according to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced. 4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure. 5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective eighteen (18) months after the ratification of this Agreement. D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for day on which he/she was laid-off in accordance with article 9.02 (d). In the event there is not qualified a severance/ termination payout during the eighteen (18) months and cannot perform all the duties employee is recalled and meet all chooses to continue his/her employment, the requirements of employee will only be entitled to severance/ termination pay calculated from the position as set forth last severance payment. 11.06 When work becomes available in any classification from which there has been a layoff, seniority shall determine the employees to be recalled. Every previous employee then having seniority in the job descriptionsaid classification/department shall be recalled before any other person is transferred into or hired into it. E. No position shall be filled, except on a temporary basis, while employees entitled to recall remain on layoff. F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall 11.07 Recall notice shall be sent by email and registered mail to the address last filed by the employee at herwith the Company. Recall notices are to contain the position and employment status for which employees are being recalled. Refusal to accept a lesser employment status shall not constitute a breach of contract or invalidate an employee’s right to recall to his/his last known address as recorded in her former employment status. The Union shall be copied on the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt electronic recall notices unless circumstances are out of the recall notice, the employee shall be considered as having voluntarily terminated her/his employmentEmployer’s control. It is understood that such employee is Employees are responsible for keeping the Office of Human Resources/Legal Affairs advised in writing company informed of any change of address, email, and will not be excused for failure to report for work upon contact number by email or registered mail as soon as possible. 11.08 If within five (5) calendar days of receipt of a notice of recall if the an employee fails to receive a notify the Company of his/her intention to work, or fails to provide reasons that would satisfy the Company that he/she is unable to work due to accident or illness, or other significant cause, he/she shall lose all seniority and his/her name will be removed from the seniority list in accordance with Article 9.02 (e). 11.09 In the event of any differences arising in the administration of Article 16, the Union will have the right to meet with the Company and discuss same. 11.10 Layoffs and recall notice because of her/his own failure to advise the Board in writing of a change of address.shall be governed by the

REDUCTION IN WORK FORCE. A. Any employee who is laid off because of a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee. B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final. C. In the event of a layoff, the procedure below will be followed: 1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board. 2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first. 3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displacedprogram. 4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure. 5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement. D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the 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 employees entitled to recall remain on layoff. F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.

REDUCTION IN WORK FORCE. A. Any employee who In the event that the City determines layoffs will occur, the City Manager or designee shall meet and confer with RVPFA representatives prior to the implementation of layoffs regarding the impact(s) of such layoffs. Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75", No bullets or numbering B. Whenever the City has determined that it is necessary to abolish any position or employment, layoffs shall be implemented according to departmental seniority based upon full-time hire date so that employees with the least seniority within the department shall be laid off because of first, without regard to rank or classification. In the event that a reduction in staff will be notified at least two weeks force results in advancethe need for a redistribution of employees from superior ranks to lower ranks, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designee. B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee’s date of promotion. Said employee(s) may be demoted to any position in the department in which they previously held or to any lower classification in which the employee(s) meet the minimum qualifications provided they have more seniority than the incumbents in that classification. Formatted: Indent: Left: 0.75", No bullets or numbering C. In the event of that a layofflayoff or reduction in rank takes place, any affected employees shall have their names placed on a re-employment list for the procedure below will be followed: 1. Probationary employees assigned to the affected position(sclassification(s) will be laid off in an order determined by the Board. 2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first. 3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position reduced from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced. 4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled in the reverse order of their layoff or reduction. Such list shall be used by the appointing authority to their former position or fill vacancies which occur up to vacant positions, should any become available, without implementing the job posting procedure. 5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of two (2) years following the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreementor reduction. D. It is understood The City shall submit the names of any employees that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the 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 employees entitled to recall remain on layoff. F. An employee laid have been laid-off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal AffairsCFFJAC Displaced Firefighter List. Formatted: Numbered + Level: 1 + Numbering Style: A, by certified mailB, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall noticeC, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of address.… + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"

REDUCTION IN WORK FORCE. A. Any employee who is laid off The employer shall have the right to reduce the number of jobs or the number of hours worked in any classification because of a reduction shortage of funds, lack of work, or because of a change in staff will be notified at least two weeks organization or duties. Employees whose jobs have been eliminated or hours reduced shall have the right to bump any employee with less time in advancetheir classification or less seniority in their pay range or classifications in pay ranges below in the Department provided they are qualified and physically capable of performing the duties of the lower pay classification. An employee, when possibleexercising such bumping privileges, by certified mail by shall be reassigned and paid at the Office pay range for the classification to which said employee is reassigned. Such junior employees who have lost their positions as a result of a bump shall have the Executive Director of Human Resources/Legal Affairs right to exercise their seniority in the same manner as if their job had been eliminated or her/his designee. B. In an instance hours had been reduced. Employees who are without jobs as a result of reduction in force, the Board will determine the positions work force shall be placed on a reemployment list. Employees who do not choose to exercise their bumping rights shall also be affected and notify the Union of such reductionplaced on a reemployment list. The decision employer shall maintain a reemployment list of the Board with respect all employees who lose their jobs due to said reductions in personnel shall be final. C. In the event of a layoff, the procedure below will be followed: 1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board. 2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first. 3. During a reduction in workforce non-probationary employees who have been laid off will first force. Such list shall be offered any vacant positions that are in the same or close to order of the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may employee's seniority at the time of the reduction in work force with the most senior being No. "1" on the list. Employees on the reemployment list shall maintain reemployment rights for one (1) year from the date they lose their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displacedjobs. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify recalled from the employee to be displaced. 4. Employees laid off through the procedures set forth reemployment list in this Article will be retained on a recall list for a period equal accordance with their seniority to the sum jobs, which they are qualified and physically capable of their accrued seniority and will performing. Notice of reemployment shall be recalled in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure. 5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement sent by the parties in a timely fashion, the Board reserves the right employer to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement. D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the 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 employees entitled to recall remain on layoff. F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall be sent to the employee at her/his last known address as recorded in by registered letter or by personal contact, and the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails shall be required to report for work respond within five three (53) working calendar days from the date of receipt notification and be available for duty within fourteen (14) calendar days. Employees who do not respond to such employment notice within three (3) calendar days shall be removed from the reemployment list. If the employer finds that work normally assigned to a particular job classification is available for laid off employees on a temporary or emergency basis, the employer shall personally contact employees who are laid off pursuant to this provision and offer such temporary or emergency employment. Contact shall be on the basis of seniority providing the employees are qualified and physically capable of performing such work. Any eligible employee who is not immediately available for such assignment shall not be eligible for placement and the next senior employee thereafter shall be offered the temporary or emergency position until the immediate needs of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressemployer are met.

REDUCTION IN WORK FORCE. A. Any employee who is laid off because of Section 9.1. If the Employer determines that a reduction in staff the work force is necessary the Employer shall notify the affected employees and the committee ten (10) calendar days in advance of the effective date of the reduction (layoff). Section 9.2. The Employer shall determine the classification(s), which will be notified at least two weeks affected by any reduction (layoff). Section 9.3. Any reduction in advanceforce affecting the bargaining unit shall be instituted in the inverse order of seniority as defined by this Agreement. Section 9.4. Any bargaining unit member receiving a notice of layoff may displace a less senior employee in another bargaining unit classification provided the laid-off employee possesses all qualifications, when possiblecapabilities, by certified mail and certifications or license (if required) for the position into which the laid-off employee wishes to displace, as determined by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designeeEmployer. B. In an instance Section 9.5. Any employee, who displaces in accordance with this Article, shall then receive the rate of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final. C. In the event of a layoff, the procedure below will be followed: 1. Probationary employees pay assigned to the affected position(s) will be classification displaced into. Section 9.6. Employees who are laid off in an order determined by the Board. 2. Non-probationary employees assigned to the affected position(s) will shall be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first. 3. During a reduction in workforce non-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced. 4. Employees laid off through the procedures set forth in this Article will be retained placed on a recall list for a period equal of six (6) months. If the Employer determines a recall is to be made, employees who are on the sum of their accrued seniority recall list and will available for immediate duty with the Employer shall be recalled recalled. Recall shall be in the reverse inverse order of their layoff, provided the employee is then qualified to perform the work within the classification to which they are recalled. The Employer pledges no to layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedureas a means of discipline. 5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement. D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which he/she is not qualified and cannot perform all the 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 employees entitled to recall remain on layoff. F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued senioritySection 9.7. Notice of recall Recall shall be sent to the employee at her/his last known address as recorded in and the Office of Human Resources/Legal Affairs, Committee by certified mail. The Employer shall be deemed to have fulfilled its obligation under the Article, return receipt requestedby mailing and showing proof of such mailing of Recall Notice to the last address provided by the employee. Section 9.8. If an employee fails to report for work within five The recalled employees shall have seven (57) working calendar days from following the date of receipt to attempted deliver of the recall notice, Recall Notice to notify the Employer of his intention to return to duty. The recalled employee must report to duty on the date specified by the Employer or the employee shall be considered as having voluntarily terminated her/forfeit his employmentright to the recalled position. It is understood that such The Employer must provide at least fourteen (14) calendar days for the employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and will not be excused for failure to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressduty.

REDUCTION IN WORK FORCE. 8.1 Lay-off A. Any employee who is laid off because A reduction in force or a layoff, as used herein, shall mean any suspension from employment arising out of a reduction in staff will be notified at least two weeks the work force (other than normal breaks in advance, when possible, by certified mail by the Office of the Executive Director of Human Resources/Legal Affairs or her/his designeeschool calendar such as summer and holidays). B. In an instance of reduction in force, the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel Seniority shall be finaldefined as the total length of continuous service with the bargaining unit since the most recent date of hire. Seniority shall accrue back to the date of hire following the successful completion of probation. C. Seniority will not be broken by approved leaves of absence or layoff of less than twelve (12) months. D. An employee shall lose his/her seniority for any of the following reasons: termination, retirement, resignation, layoff in excess of twelve (12) months, failure to report for work after notice of recall or failure to report for work at the completion of an approved leave of absence. E. In the event of a layoff, the procedure below will be followed: 1. Probationary employees assigned to the affected position(s) will be laid off in an order determined by the Board. 2. Non-probationary employees assigned to the affected position(s) will be laid off in the reverse order of their seniority, with the employee having the least seniority being laid off first. 3. During a reduction in workforce nonforce takes place, the District will identify the positions or jobs to be discontinued, make appropriate reassignments and then lay-probationary employees who have been laid off will first be offered any vacant positions that are the same or close to the same as the number of days and hours as the position from which they are being laid off. The Procedure that will follow next, is an employee may at the time of their layoff, displace the least senior employee within provided there is a more senior employee qualified (with minimal or no re-training) to do the program working the same or as near the same number of hours per week and the same or as near the same number of weeks per year, provided such employee has more seniority work. When recalling employees from layoff (other than the employee to be displaced. Employees shall not be permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the employee to be displaced. 4. Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the sum of their accrued seniority and will be recalled normal breaks in the reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the job posting procedure. 5. The parties reserve the right during a period of reduction to meet and discuss alternative procedures to the implementation of the layoff procedure. Absent mutual agreement by the parties in a timely fashionschool calendar), the Board reserves the right to implement the provisions set forth. This provision most senior employee on layoff shall become effective after the ratification of this Agreement. D. It is understood that no application of the seniority standard for purposes of the layoff and recall procedure will in any manner compel the Board to retain or recall any personnel in any position for which be first recalled if he/she is not qualified and cannot capable to perform all the 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 employees entitled to recall remain on layoffavailable position. F. An employee laid off under this Article will be retained on a recall list Grievance rights for a period equal to a sum of the employee's accrued seniority. Notice violation of recall shall exist for up to twenty-one (21) months from the last day of actual work, but in no event shall a grievance be sent to filed beyond the employee at her/his last known address as recorded in time limits described for the Office first level of Human Resources/Legal Affairsthe grievance procedure if the aggrieved party becomes aware of the occurrence of the grievance or, with reasonable diligence, should have become aware of the occurrence of the grievance. G. The District shall give written notice of recall by certified mailletter, return receipt requested, to said employee's last known address. If an employee fails to report for work within five (5) working days from The address as it appears on the date of receipt of the recall notice, the employee District's records shall be considered as having voluntarily terminated her/his employmentconclusive when used in connection with recalls or other notices to the employee. It is understood that such the sole responsibility of the employee is responsible for keeping to notify the Office of Human Resources/Legal Affairs advised in writing District of any change of address. If the District is not able to cause delivery of the notice of recall within fifteen (15) days of the date that such notice was sent, and will not be excused for failure it shall result in a forfeiture of the employee's rights to report for work upon recall if the employee fails to receive a recall notice because of her/his own failure to advise the Board in writing of a change of addressrecall.