Working Arrangements (i) The former industry practice whereby all Employees on site working in direct sunlight were relocated to shaded or air- conditioned areas when the temperature reached 32°C, will no longer operate.
(ii) At temperatures below 35°C workers are not to be relocated out of direct sunlight unless the work environment creates a serious risk to their health and safety, having regard to the nature of the tasks being undertaken, provided that the task or activity being performed is completed and the penalty provisions as for emergency work under the Award shall apply.
(iii) Once the temperature reaches 35°C work will cease, and workers may leave the site, provided that the task or activity being performed is completed and the penalty provisions as for emergency work under the Award shall apply.
(iv) During periods of hot weather, work in air-conditioned environments shall continue as normal. Workers will walk a reasonable distance through the open to and from amenities and the air-conditioned workspace, provided it does not pose a serious threat to their health or safety. Alternatively, where the Employer can artificially ventilate covered spaces onsite and reduce the temperature to below 35°C, work may continue as normal subject to consultation and agreement with affected Employees to comply with the provisions of this clause.
(v) By agreement with the OH&S committee and head contractor during periods of Inclement Weather (heat) the Saturday break roster can be applied to weekday work.
Xxxxxx and Recall
A. If the board determines that a reduction in the number of regular classified employees is necessary, layoffs shall be in reverse order of seniority within bargaining unit classifications as defined in section G. of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBA. In the event the board determines that a reduction in force is necessary, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights for a period of 27 months from the date of the layoff.
B. When the board abolishes a particular position, the employee filling that position is not necessarily the person to be laid off. The person to be laid off shall be the least senior employee in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5. An employee may only bump to a lower level.
6. The bumped employee will be placed on the pay range at the step closest to but does not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven (27) months from the date of layoff. The laid off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail.
F. When a person on a layoff list is offered a position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length of an employee’s continuous service to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such cases, the employee will begin anew in the seniority process. This does not apply to employees who are on an approved District leave of absence.
2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within a job classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
