Common use of SENIORITY AND LAYOFF Clause in Contracts

SENIORITY AND LAYOFF. The first twelve (12) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.

SENIORITY AND LAYOFF. The first twelve (12) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority Seniority for purposes of layoff and recall under this articleshall be defined as the number of calendar days an employee has been continuously employed in the classified service. Overall seniority will Classified service of less than full time shall be considered full-time service. Authorized leave of absence without pay shall not constitute a break in cases service; however, the time spent on such leave shall not be included in computing seniority, except for employees in cyclic year positions. Permanent employees who are veterans or their unmarried widows/widowers shall have added to their unbroken service the veteran’s active military service to a maximum of transfersfive (5) years’ credit. Overall Bargaining unit (UWPOA and Teamsters Local 117) seniority within each Division will shall be considered in preference in choice used for internal department use (e.g., selection of days off, shift selection, and vacation periodsscheduling) where applicable. In the event that the DPW Director needs to transfer employees from one Division to anotherof an impending layoff, the transfer notification Employer will be posted on inform the Union Board. The transfer will start with of the least senior employee employees to be affected. The Employer will provide the Union a list of bargaining unit employees with their Departmental seniority. X. Xxxxxx shall be defined as a reduction in the Division effected unless number of positions covered by this Agreement that is intended to be permanent or prolonged. Xxxxxx will be in reverse order of seniority, i.e., last hired is first to be laid xxx.Xx the event an employee covered by this Agreement accepts a senior permanent position at the UWPD that is not covered by this Agreement and subsequently returns to the bargaining unit, bargaining unit seniority shall be restored (bridged) and seniority accrual shall resume. Employees who qualify to bridge seniority may exercise their former seniority to obtain a bargaining unit position, if laid off from a current UWPD position. B. The Employer will notify the employee in of the Division requests the transfer in writing. If the Town finds it necessary position to lay off employees, the procedures set forth in this article will apply. The employer shall meet with be eliminated and the Union to discuss any impending layoffs at least thirty (30) calendar days prior to such in advance of the date of the projected layoff. A "layoff" is hereby defined During the notice period the Employer will do the following, in order, as a complete termination specified below: 1. Officers laid off will be put on the rehire list for twenty-four (24) months. 2. Officers on the rehire list will be offered re-employment, in reverse order of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with before outside applicants are offered the least senior employeeposition. 3. In all cases, seniority Officers offered re-employment from the rehire list shall be measured by Town-wide service as defined above given up to one (1) week to determine if they want the position; and not by departmental serviceif accepted, such Officers shall be given up to one (1) additional week to report to work. If it is the Highway, Tree, Cemetery budget that is affected by the For purposes of layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff current employee is necessarycalled to service in the military, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification service will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedcount toward seniority.

SENIORITY AND LAYOFF. The 12.01 Seniority shall mean the length of time since the date of last hire. 12.02 An employee will be considered on probation for his first ninety (90) days actually worked in any twelve (12) consecutive months and will have no seniority rights during that period. After completion of the above probationary period, the employee shall then be assigned a seniority date crediting him with ninety (90) days of service. 12.03 During the probationary period referred to above, the employee shall be considered as being employed on a trial basis and may be discharged or laid off at the discretion of the Company. Discharge or layoff of a probationary employee shall not be the subject of a grievance or arbitration. 12.04 When two or more employees attain seniority on the same date, they shall be placed in alphabetical order on all seniority lists. 12.05 Provided that the employees affected have sufficient ability and qualifications, the last employee hired shall, in the case of a layoff, be the first laid off and last employee laid off shall be the first recalled. An employee who exercises his seniority by displacing another employee rather than taking a layoff shall be paid on the job into which he transfers at the step his past experience in the job entitles him to. An employee bumping into a job must have the skill and ability to perform the work available efficiently without additional training. 12.06 An individual shall continue to be an employee of the Company and seniority shall be maintained and accumulated in the following circumstances only: (a) when actually at work for the Company; (b) when off the payroll due to sickness or accident, seniority will continue to accumulate for a period of time equal to twelve (12) months; (c) when off the payroll due to personal leave of absence, seniority will continue to accumulate for the six (6) calendar months of continuous such leave; (d) when absent on vacation or on holidays; (e) when off the payroll due to layoff, seniority will continue to accumulate for a period of time equal to six (6) months. 12.07 Seniority shall terminate and an employee shall cease to be employed by the Company when he: (a) voluntarily quits his employment starting with the Company; (b) is discharged and is not reinstated through the grievance procedure or arbitration; (c) fails to report for work when recalled from layoff within five (5) working days following telephone contact with the date employee or the sending or notice to report by the Company sent by registered mail or courier to his last known address; (d) fails to return to work upon the termination of an authorized leave of absence unless a valid reason acceptable to the Company is given; (e) accepts gainful employment shall constitute while on a new employee’s probationary period. At leave of absence without first obtaining the consent of the Company and Union in writing; (f) is absent from work for three (3) month point in the probationary periodconsecutive working days or more, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject providing a valid reason acceptable to the grievance procedure)Employer. 12.08 In the event that an employee covered by this Agreement should be promoted to a supervisory position and is later placed in a position within the scope of this Agreement, he shall retain the seniority previously acquired. An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee Present supervisory personnel shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous their total accumulated service with the Town Company, when placed within the bargaining unit. Seniority shall be understood as their total length of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start service with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet Company. 12.09 A seniority list with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job employees’ current classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above revised and not by departmental serviceposted in January and July of each year. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will Employees shall have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three fifteen (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (1715) days from the date of mailing posting to advise the Company of any errors or emissions. A copy of the offer; otherwise seniority list will be given to the laid off employee Union Xxxxxxx. The Company will endeavour to send the seniority list to the offices of Local 47 by facsimile or electronically. 12.10 It shall be deemed the duty of each employee to have refused re-employment notify the Company and Union promptly of any change in address. If an employee fails to do this, neither the Town's obligation under this article is satisfiedCompany nor the Union will be responsible for failure of a notice to reach such employee.

SENIORITY AND LAYOFF. The first twelve 15.01 Seniority will be measured by hours compensated for work performed within the bargaining unit up to forty (1240) months of continuous employment starting from hours per week beginning with the date of employment hire in a bargaining unit position. In the event two (2) employees have the same number of compensated hours, their order of seniority will be determined by the flip of a coin. An employee who resigns and is rehired not more than one (1) year following the date of resignation shall constitute a new retain seniority accrued prior to resignation but shall not accrue seniority between resignation and rehire. 15.02 For purposes of creating the initial seniority list only, the Employer will calculate the seniority of its employees up and through December 31, 2005, based on the employee’s probationary perioddate of hire, regardless of part-time or full-time employment. At An employee who resigned or was laid off and was rehired not more than eighteen (18) months following the date of resignation shall retain seniority accrued prior to resignation but shall not accrue seniority between resignation and rehire. 15.03 Seniority shall be broken when an employee: A) Resigns; B) Is discharged for just cause; C) Is absent without notice for three (3) month point in consecutive work days unless failure to give notice is beyond the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end reasonable control of the twelve employee; D) Is laid off for more than eighteen (1218) month period that the employee is not performing their duties, then said employee can be discharged from said months; E) Refuses a recall to a comparable position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period in terms of hours and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least grade. 15.04 Within thirty (30) days prior after the execution of this Agreement, and on an annual basis on or before March 1 of each year, the Employer will provide a seniority roster for all employees covered by this Agreement. The seniority list shall include the employee’s name, classification, and seniority. The Employer shall provide the Union with a copy of this list. Employees shall have fourteen (14) days within which to appeal their proposed seniority date of hire. Absent any appeal by the Employee(s), the seniority date shall be final. 15.05 Where, because of economy, consolidation or abolishment of functions, curtailment of activities or otherwise, the Employer determines it necessary to reduce the size of its workforce, such layoff. A "layoff" is hereby defined as reduction shall be made in accordance with the provisions hereinafter set forth. 15.06 The Employer shall first seek volunteers for a complete termination of employment for economic voluntary layoff or other legitimate non-disciplinary reasonsa voluntary reduction in hours, or voluntary furlough in any affected department. If a layoff is further reductions are necessary, the Town employees within affected job classifications shall layoff by job classification first, then by seniority, starting be laid off and/or furloughed according to their relative seniority with the least senior employeebeing laid off first provided that all temporary and probationary employees within the affected job classification are laid off first in the above respective order. In all casesFull-time employees will not be required to displace (bump) into or fill a vacancy in less than a full-time classification. Similarly, seniority part-time employees will not be required to displace (bump) into or fill a full-time classification. 15.07 The Employer shall be measured by Town-wide service as defined above give written notification of the layoff to the employee(s) affected and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by Union a minimum of twenty (20) days in advance of the effective date of the layoff, and/or furlough when possible, but no later than ten (10) days in advance of the least senior effective date of the layoff. The employee will have the right be required to give notice of their intent to bump or take a lesser senior employee in layoff and will have five (5) days to respond following the Water Divisionpostmark on the layoff notice or the hand delivery of such notice. If it is The letter will provide that the Water budget employee’s failure to respond with an expression of their intent to bump means that is affectedthey will take a layoff. At the time of the notification, the least senior employee will have Employer shall provide the right Union with a current seniority list and meet with Union representatives to bump a lesser senior employee in the Highwaydiscuss bumping options. 15.08 Employees shall not be furloughed for longer than five (5) weeks. Employees who are furloughed shall remain eligible for health care benefits, Tree or Cemetery Division. In the case and shall be responsible for their share of the Custodian Classificationpremium set forth in this Agreement. For the first two weeks of any furlough an employee may utilize any accrued vacation or personal leave. The remainder of any furlough shall be unpaid. The Employer shall schedule the furlough so employees can take full advantage of unemployment benefits. 15.09 While Section 15.07, if a layoff is necessaryabove, requires special notification deadlines, the Town shall Employer and the Union agree that it may be appropriate to have a longer notification period when displacement of employees through layoff in the order of starting or bumping involves more than one (1) bargaining unit employee. 15.10 Employees who are laid off may displace (bump) another employee with the least seniority in their job classification. Employees who are unable to displace (bump) another employee within their classification and who are laid off from their job classification may displace (bump) another employee with the least seniority in a lower rated job classification within the layoff series. (Set forth in Exhibit A, attached hereto.) If there is a vacant position existing in the lower rated job classification, the employee must fill such vacant position. 15.11 Employees who are displaced (bumped) by a more senior employee shall be able to displace (bump) another employee with the least seniority in a lower rated job classification within the Custodian layoff series, unless there is a vacant position existing in a lower rated job classification. An , where the employee in must fill such vacant position. 15.12 In all cases where one (1) employee is exercising their seniority to displace (bump) another employee, their right to displace (bump) into another job classification is subject to the Custodian classification will not conditions that they are more senior and are qualified for the position and able to perform the functions and duties of the position to which they are attempting to displace (bump) into. 15.13 At the end of the displacing (bumping) process, the employee who is displaced (bumped) and unable to displace another employee pursuant to the above provisions shall be permitted laid off. 15.14 Employee(s) who are laid off shall have the option of being directly laid off by the Employer or of displacing (bumping) another employee pursuant to the above provisions. 15.15 Any employee compelled to bump any into a lower grade will retain their wage rate unless such rate is greater than the maximum wage on the salary scale for the lower classification, in which case, the employee within any shall receive the rate of pay at the maximum wage for the lower classification. 15.16 The Employer shall pay its portion of health care insurance until the end of the other DPW Divisionsmonth in which the employee is laid off. In the event of a Thereafter, while on layoff, the Custodians shall not be eligible laid off employee may elect to bump into any other division remain on the Employer’s health insurance policy at the employee’s cost, and subject to the insurance carrier’s regulations in accordance with the provisions of the DPW, meaning the Water, Highway, COBRA. 15.17 Laid-off employees or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off bumped will have recall rights for up to eighteen (18) months starting from the last day of work in the job classification held prior to the initial layoff, transfer or bump. 15.18 Recalls shall be in the inverse order in of layoff, i.e., the most senior employee will be recalled first, and laid off employees shall retain their right to recall to the job classification from which said employees they were laid off. There , or to a lower rated job classification within their layoff series for eighteen (18) months from the date of layoff. 15.19 Notice of recall shall be no obligation sent to offer re-employment to any the employee’s address listed on the Employer’s records and shall be sent by certified mail. An employee who has been laid off more than three refuses recall or does not report to work within five (35) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) working days from the date the Employer mails the recall notice, shall be considered to have resigned their position and forfeits all rights to employment with the Employer. The Employer will provide the Union with the recall list and copies of mailing all recent notices. 15.20 An employee who is displaced through layoff or bumping may choose to remain on the recall list up to eighteen (18) months rather than accept a recall to a noncomparable position (i.e., in terms of hours, grade, wages and benefits). 15.21 A part-time employee who is offered a full-time position may refuse such position and remain on the offer; otherwise recall list up to eighteen (18) months. A full-time employee who is offered a part- time position may refuse such position and remain on the recall list up to eighteen (18) months. 15.22 If, following recall, a position is accepted at a lower pay grade or fewer hours per week than that held at the time of layoff, an employee who is qualified for such position will be offered successive opportunities as same become available and before others with less seniority are recalled from layoff until the employee is recalled to a comparable position (i.e., in terms of hours and grade). Such employees will have recall rights for up to eighteen (18) months from the last day of work in the job classification held prior to the reduction in hours or acceptance of a position in a lower pay grade. 15.23 No new employees shall be hired until all employees on layoff who were laid off from the available positions and desire to return to work have been recalled. 15.24 An employee shall who is recalled to a position in the same salary grade or a lower salary grade will be deemed paid their former rate of pay, plus any additional increases provided during the layoff period to have refused re-employment employees in the job classification to which the employee is being recalled. If such rate for an employee recalled to a classification, except shelving, in a lower grade is greater than the maximum wage rate on the salary scale for the lower classification, the employee will receive the maximum wage for the lower classification. 15.25 There are hereby created the layoff series for the purposes of administering layoffs and the Town's obligation under displacement pursuant to this article is satisfied.Article and attached hereto as Appendix A.

SENIORITY AND LAYOFF. The first twelve (12) months SECTION 1: Seniority shall consist of continuous accumulated full time paid service as follows: a) City seniority shall be computed from the most recent date of full time employment starting or reemployment, and shall be used for purposes of scheduling and vacation or layoff. b) Classification seniority shall be computed from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point full time appointment in the probationary period, the DPW Director (for the DPW employees) classification. and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority used for purposes of layoff bidding on shift SECTION 2: Layoffs. When a position in the classified service is vacated, discontinued or abolished because of a lack of work, or funds, or material ban, or a change in the duties and recall under this article. Overall seniority will be considered responsibilities of the position or in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to anotherdepartmental organization, the transfer notification will be posted on City Manager shall notify the Human Resources Director and the Union Board. The transfer will start of the positions to be vacated, discontinued or abolished, together with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writingreasons therefore. If the Town finds it necessary to lay off employeesUpon receiving such notice, the procedures set forth Human Resources Director shall, as soon as possible, furnish in this article will apply. The employer shall meet with writing to the City Manager and the Union the names of employees to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the following order: a) Layoffs shall be selected within a classification. No employee in the affected class with permanent status in the classified service shall be laid off if an employee who does not hold permanent status in the classified service would continue to serve in the class. The order of layoff among employees who do not have permanent status in the classified service shall be discretionary with the City Manager. Within the class, all employees who have permanent status in the classified service shall be ranked on a layoff list based on the total number of service credits. Service credits shall consist of one (l) point for each month of continuous City employment. Continuous employment shall include any period of authorized absence with pay. However, no credits shall be awarded for periods during which an employee was rated unsatisfactory, as evidenced by an official performance evaluation. b) The layoff list shall be prepared by totaling service credits and ranking the employees within the class in order, placing the employees within the class in order, placing the employee with the lowest number of credits at the bottom of the list. Layoff shall be in inverse order beginning at the bottom of the list. The total number of positions in which said the class to be discontinued or abolished will determine the number of employees were to be laid off. There . c) Should two (2) or more employees have the same number of service credits, the order of layoff shall be no obligation determined by giving preference for retention in the following sequence: 1) The employee with the longest service in the class. 2) Employees who are entitled to offer re-employment to any employee who has been laid off more than three (veteran's preference. 3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to employee with the laid off employee at his last address of record, as shown by highest average overall performance rating in the records current class. 4) Discretion of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedCity Manager.

SENIORITY AND LAYOFF. The first twelve (12) months 8.1 Seniority shall consist of full-time active continuous employment starting accumulated paid service with the Department. Department Seniority shall be computed from the date of employment appointment. However, Seniority in rank shall constitute a new employee’s probationary period. At the three (3) month point always supersede seniority in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall benefits or entitlements under this articlecontract. Overall seniority will be considered in cases Seniority shall accumulate during absences because of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to anothervacation, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic military leave or other legitimate non-disciplinary reasonsauthorized leave. If a layoff Seniority will not accrue for time an employee is necessaryrelieved of duty without pay, the Town shall layoff by job classification firstsuspended, then by seniority, starting with the least senior employeeand on unpaid leave of absence. In all cases, Such seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is govern the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. following: 8.1.1 In the event of a layofflayoff for budgetary reasons, the Custodians employees shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order of their seniority in their rank. Any employee to be laid off who has advanced to a rank above police officer shall be given a position in a lower rank according to his/her total seniority with the Department. The Town Manager has the right to deviate from this procedure to retain employees with special skills or capabilities essential to the Town. 8.1.2 Employees shall be called back from layoffs according to the seniority in the classification from which said employees were the employee was laid off. There No new employees shall be no obligation hired in any classification until all employees on layoff status on the callback list in that classification have had an opportunity to offer rereturn to work. Employees will be notified by certified mail with delivery confirmation to their home address of record and shall be given twenty-employment one (21) calendar days to any return to work, or be stricken from the list. An employee who has not been laid stricken from the list will be kept on the callback list for one (1) year. After this period, the Town will no longer be obligated to request that this employee be returned to Town employment. 8.2 Selection of days off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and seniority provided the Town's obligation under this article is operational needs have been satisfied. Within ten (10) business days of an employee’s request to change or modify the employee’s selected days off, the Town shall provide the employee with a written response to the employee’s request. 8.3 The Chief of Police shall determine how many employee(s) the Town needs for each shift assignment. Selection of shift assignments shall be by seniority only for those officers with full duty status at the time of shift bid provided the Town’s operational needs have been satisfied. Officers not on full duty status must wait until next shift bid for seniority to be considered. Within ten (10) business days of an employee’s request to change or modify the employee’s shift assignment, the Town shall provide the employee with a written response to the employee’s request.

SENIORITY AND LAYOFF. The first twelve (12) months 10.01 Seniority of employees shall be recognized because the parties agree that job security, scheduling, and vacation scheduling should increase in proportion to length of continuous employment starting service. Seniority shall be defined as the number of hours accumulated from the last date of employment hire and shall constitute a new employee’s probationary periodbe applied across the bargaining unit. At New employees shall be placed on the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or seniority list at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her credited their probationary hours worked. a) Seniority lists shall be maintained at all times by the Employer. The Union shall be forwarded a copy of the seniority list upon request. The Seniority list shall be posted by the employer February first (1st) and August first (1st) of each year. Hours worked in the period of January first (1st) to June thirtieth (30th) with be calculated for the August list and hours worked in the period of July first (1st) to December thirty first (31st) will revert to be calculated for the February list. b) Seniority lists shall contain the following information: i) The employee’s name; ii) The beginning date of employment; iii) The number of hours of seniority accrued; and, iv) The employee’s job classification 10.03 Seniority rights shall cease for an employee who: a) voluntarily terminates their employment; b) is discharged and such discharge is not reversed through the Grievance Procedure; c) is laid off for a continuous period of more than six (6) consecutive months. During the twelve (12) month probationary period said employee shall be entitled Layoffs due to and receive all the benefits construction or major renovations of the Collective Bargaining Agreement as practiced in facility will extend this period. d) fails to return to work following an approved leave of absence other than medical; 10.04 When the pastEmployer deems it necessary to reduce the work force, they shall inform the Union of the need for layoffs. An employee's full time continuous service with When a reduction of the Town of Pembroke ("Town-wide" seniority) workforce is required, the Employer and the Union shall determine the employee's seniority for purposes order of layoff based on all of the following considerations: a) Seniority of the employees; and, b) Ability and recall under this articlequalification of the employees to perform the work. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In The above considerations shall guide the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on Employer and the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a when employees on layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedare recalled.

SENIORITY AND LAYOFF. The first twelve (12) months Section 1. Seniority means the length of continuous employment starting service in the bargaining unit since the last date of hire. For purposes of this Article Licensed Practical Nurses will maintain a separate seniority list. Section 2. Seniority shall continue to accrue during all layoffs and approved leaves of absence not exceeding one year. Section 3. Seniority shall be revoked if an employee retires or otherwise terminates employment; is discharged for cause; permanently transfers out of the bargaining unit; or refuses or fails to respond to a recall from layoff to a permanent position within the same classification in the bargaining unit within 14 calendar days of notice of recall, or refuses to return to work on the date of requested, as long as the date requested allows an employee who has obtained interim employment to give 14 calendar days’ notice to the interim Employer. Section 4. Seniority shall constitute a new employee’s probationary period. At be the three (3) month point controlling factors in the probationary periodselection of employees for layoff and non-disciplinary demotions within each classification series, provided the DPW Director (for employee(s) remaining meet the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end minimum qualifications of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periodsposition. Section 5. In the event that the DPW Director needs to transfer employees from one Division to anothera bid is eliminated or altered, the transfer notification will be posted on the Union Board. The transfer will start with the least affected employee(s) may use their seniority to bump any less senior employee in within the Division effected unless a senior employee in same classification provided they meet the Division requests minimum qualifications for the transfer in writingposition. If the Town finds it necessary to lay off employees, the procedures set forth in Any employee(s) displaced by this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to procedure may bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian same classification provided they meet the minimum qualifications for the position. Section 6. Any permanent employee subject to layoff, transfer, or non-disciplinary demotion shall be given 21 calendar days advance notice of the action. Section 7. No permanent employees shall be laid off or subject to non-disciplinary demotion while temporary or probationary employees in the same classification series are retained. Section 8. Permanent bargaining unit employees who are laid off or are noticed of layoff and are qualified to fill a vacant or newly created position within the bargaining unit will be awarded that position Section 9. Recall from layoff within each classification shall be in reverse order within that classification. An In recalling employees, the Employer shall send a certified, return receipt letter to the last known address of the employee with a copy to the Association. The letter shall state that failure to notify the Employer within 14 calendar days of his/her intent to return to work shall constitute forfeiture of all recall rights. Recall rights shall be limited to a period of one year following the date of layoff. Section 10. For LPN position: In the event management determines that bid to flex ratios need to be adjusted in any shift and/or treatment unit, the Custodian classification following procedure will not be permitted apply: The affected bid LPN may use their seniority to bump any employee within any of other less senior bid LPN or accept the other DPW Divisionsflex position. In the event of This process will continue until it has exhausted itself and only a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedflex vacancy remains.

SENIORITY AND LAYOFF. The first twelve (12) months 13.1 Seniority shall be defined as the length of continuous employment starting an employee's service from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning most recent date of employmenthire within the bargaining unit. During the twelve (12) month probationary period said employee Departmental seniority shall be entitled defined as the lifetime accrued length of an employee's service since his/her most recent date of hire within that department. 13.2 Seniority shall be used to determine eligibility for promotion, layoff and receive all the benefits of the Collective Bargaining Agreement recall, and other purposes as practiced may be defined elsewhere in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. Agreement. 13.3 In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it becomes necessary to lay off employees, the procedures set forth in this article Employer will apply. The employer shall meet with the Union to discuss any impending layoffs give at least thirty two (302) days prior to such layoffweeks’ notice of its intention. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority Employees shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order of their seniority, after first seeking volunteers and provided that all temporary and contract employees within the affected department are released first. It is understood, however, that the Employer may utilize agency and on-call employees to pick up open shifts as provided in which said employees were laid offSection 2.7 of this Agreement. There Employees shall be no obligation permitted to offer re-employment exercise their seniority rights to any employee who has been laid classification previously held, and for which they are qualified, before being subject to layoff. 13.4 Laid-off more than employees shall have recall rights for up to one (1) year from the date of layoff. Laid-off employees shall have three (3) years. The offer of re-employment business days to respond to the Employer's recall notice, which shall be sufficient if made sent by certified or registered mail addressed to the laid employee's last known address. 13.5 Laid-off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee employees shall be deemed recalled from layoff according to their seniority. No new or contract employees shall be hired within the affected department until all employees on layoff status desiring to return to work have refused re-employment been recalled. 13.6 Seniority lists shall be posted and copies furnished to the Town's obligation under Union during January of each year and at such other times, not to exceed once each quarter, upon request. Employees shall be placed on this article is satisfiedlist in accord with their most recent hire date.

SENIORITY AND LAYOFF. The first twelve (12) months of continuous employment starting from 5.1 Seniority for all Nurses shall be defined as the Nurse's most recent date of employment with Cerenity Care Center, Bethesda Care Center as an LPN. There shall constitute be one (1) seniority list for both full‐time and regularly scheduled part‐time Nurses and a separate seniority list for casual (0 authorized hours) Nurses. Nurses transferring from a regular status to on‐call (0 authorized hours) or vice versa, shall have all seniority credited to them on the new employee’s probationary periodlist for seniority purposes. 5.2 The Employer shall on or before the sixtieth (60th) day following the commencement of this Agreement prepare and post seniority lists of all Nurses covered by this Agreement specifying the seniority of each Nurse. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) Such list shall be updated at least annually and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject copies thereof furnished to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. Union. 5.3 In the event of a layoffreduction in the number of full‐time or regular part‐time Nurses, layoff shall be made in the Custodians shall not reverse order of seniority. Provided however, a Nurse may be eligible to bump into any other division retained out of the DPW, meaning sequence described in the Water, Highway, preceding sentence if Nurses with greater seniority do not have the ability to perform the duties of the Nurse or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment Nurses to these former employees who have been be laid off in the inverse order in which said employees were laid off. There shall be no obligation within a reasonable period of orientation not to offer re-employment to any employee who has been laid off more than exceed three (3) yearsweeks. The offer of re-employment Nurses shall be sufficient if made by certified or registered mail addressed to recalled from layoff in the laid off employee at his last address reverse order of record, as shown by the records layoff. Full and Part time Nurses shall be given a two (2) week notice in advance of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the any layoff. 5.4 A laid off employee shall have recall rights for up to one year from the effective date of the employee’s layoff. If a laid off employee is not recalled within one year after the effective date of the employee’s layoff, the employee shall lose all seniority. 5.5 Prior to using the layoff procedure described in Section 5.3, the Employer shall first seek volunteers to accomplish the necessary reductions. The Employer will also advise the Union in advance of any layoff and upon request of the Union; the parties shall meet to discuss the implementation or the effect of any actual or proposed layoff 5.6 The Employer will post a notice of any position to be deemed filled by a Licensed Practical Nurse on the employee bulletin board for a period of seven (7) days prior to have refused re-employment filling such position. Any Nurse currently employed by the Employer and qualified to fill the Town's obligation under position shall be granted such position upon application. In the event more than one qualified Nurse applies for the same position, seniority shall be the determining factor. The term "qualified' used in this article is satisfiedSection means the ability to satisfactorily perform the duties of the position within a reasonable period of orientation not to exceed three (3) weeks.

SENIORITY AND LAYOFF. The first twelve (12) months ‌ 8.1 Seniority shall consist of full-time active continuous employment starting accumulated paid service with the Department. Department Seniority shall be computed from the date of employment appointment. However, Seniority in rank shall constitute a new employee’s probationary period. At the three (3) month point always supersede seniority in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall benefits or entitlements under this articlecontract. Overall seniority will be considered in cases Seniority shall accumulate during absences because of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to anothervacation, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic military leave or other legitimate non-disciplinary reasonsauthorized leave. If a layoff Seniority will not accrue for time an employee is necessaryrelieved of duty without pay, the Town shall layoff by job classification firstsuspended, then by seniority, starting with the least senior employeeand on unpaid leave of absence. In all cases, Such seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is govern the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. following: 8.1.1 In the event of a layofflayoff for budgetary reasons, the Custodians employees shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order of their seniority in their rank. Any employee to be laid off who has advanced to a rank above police officer shall be given a position in a lower rank according to his/her total seniority with the Department. The Town Manager has the right to deviate from this procedure to retain employees with special skills or capabilities essential to the Town. 8.1.2 Employees shall be called back from layoffs according to the seniority in the classification from which said employees were the employee was laid off. There No new employees shall be no obligation hired in any classification until all employees on layoff status on the callback list in that classification have had an opportunity to offer rereturn to work. Employees will be notified by certified mail with delivery confirmation to their home address of record and shall be given twenty-employment one (21) calendar days to any return to work, or be stricken from the list. An employee who has not been laid stricken from the list will be kept on the callback list for one (1) year. After this period, the Town will no longer be obligated to request that this employee be returned to Town employment. 8.2 Selection of days off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and seniority provided the Town's obligation under this article is operational needs have been satisfied. Within ten (10) business days of an employee’s request to change or modify the employee’s selected days off, the Town shall provide the employee with a written response to the employee’s request. 8.3 The Chief of Police shall determine how many employee(s) the Town needs for each shift assignment. Selection of shift assignments shall be by seniority only for those officers with full duty status at the time of shift bid provided the Town’s operational needs have been satisfied. Officers not on full duty status must wait until next shift bid for seniority to be considered. Within ten (10) business days of an employee’s request to change or modify the employee’s shift assignment, the Town shall provide the employee with a written response to the employee’s request.

SENIORITY AND LAYOFF. The first twelve (12) months of continuous employment starting from 5.1 Seniority for all Nurses shall be defined as the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet Nurse's total compensated hours with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If Hospital after the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning most recent date of employment. During the twelve (12) month probationary period said employee There shall be entitled one seniority list for both full-time and regularly scheduled part-time Nurses and a separate seniority list for casual Nurses. Nurses transferring from a regular status to and receive casual or vice versa shall have all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs accrued compensated hours credited to transfer employees from one Division to another, the transfer notification will be posted them on the new list for seniority purposes. 5.2 The Hospital shall on or before the sixtieth (60th) day following the commencement of this Agreement prepare and post seniority lists of all Nurses covered by this Agreement specifying the seniority of each Nurse. Such lists shall be updated at least biannually and copies thereof furnished to the Union Boardand Union Stewards. The transfer will start with seniority list shall include the least senior following information: name, job classification, authorized hours, most recent hire date into the bargaining unit, seniority hours and unit where the employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will applyis primarily assigned. The employer shall meet with Hospital will also provide the Union employees then current shift if the hospital's current information technology system can produce this information at no additional cost to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. Hospital. 5.3 In the event of a layoffreduction in the number of full time or regular part time Nurses, layoff shall be made in the Custodians shall not reverse order of seniority. Provided, however, a Nurse may be eligible to bump into any other division retained out of the DPW, meaning sequence described in the Water, Highway, preceding sentence if Nurses with greater seniority do not have the ability to perform the duties of the Nurse or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment Nurses to these former employees who have been be laid off in the inverse order in which said employees were laid off. There shall be no obligation within a reasonable period of orientation not to offer re-employment to any employee who has been laid off more than exceed three (3) yearsweeks. Nurses shall be recalled from layoff in the reverse order of layoff. Nurses on a layoff status shall have preference over casual Nurses for any available additional work hours. Full time Nurses shall be given a two (2) week notice in advance of any layoff. Recall shall expire and be lost if a nurse is not recalled from lay off within one (1) year. Provided, however, a nurse may extend this right to recall for an additional period of one (1) year by giving written notice to the Hospital within thirty (30) calendar days before the expiration of the first year of the nurse's lay off. The offer preceding two sentences shall not be effective until October 1, 2010. 5.4 Prior to using the layoff procedure described in Section 5.3, the Hospital shall first seek volunteers to accomplish the necessary reductions. The Hospital will also advise the Union in advance of re-employment any layoff and upon request of the Union, the parties shall meet to discuss the implementation or the effect of any actual or proposed layoff. 5.5 The Hospital will post a notice of any position to be filled by a Licensed Practical Nurse on the employee bulletin board or by electronic means for a period of seven (7) days prior to filling such position. Any Nurse currently employed by the Hospital and qualified to fill the position shall be sufficient if made by certified or registered mail addressed granted such position upon application. In the event more than one qualified Nurse applies for the same position, seniority shall be the determining factor. The term "qualified" used in this Section means the ability to satisfactorily perform the laid off employee at his last address of record, as shown by the records duties of the town. Any such laid off employee must respond and be available for re-employment position within seventeen a reasonable period of orientation not to exceed three (173) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedweeks.

SENIORITY AND LAYOFF. 12.01 The first twelve (12) months parties agree that job opportunity shall increase with length of continuous employment starting from service. Seniority shall be defined as the date length of employment service and shall constitute be applied on a new employee’s bargaining unit wide basis. New employees shall be placed on the seniority list at the end of their probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within period or at the end of their extended probationary period and their respective seniority shall begin from the date on which they commenced employment. 12.02 Seniority lists shall be maintained at all times by the Employer. The Union shall be mailed a copy of the seniority list on a regular basis, twice a year, to permit inspection and to allow the Union to ascertain the seniority status of an employee within its jurisdiction. 12.03 Seniority rights shall cease for an employee who: a) voluntarily terminates his employment; b) is discharged and such discharge is not reversed through the Grievance Procedure; c) is laid off for a continuous period of more than six (6) consecutive months; d) does not return to work on the date specified following an approved leave of absence other than medical leave; e) is absent without leave; without a justifiable and reasonable explanation; f) is promoted and/or transferred to a position outside the bargaining unit. 12.04 After an employee has been off work for twelve (12) month period that consecutive months due to a non-work related illness, the employee Employer may request information from a mutually agreed upon medical source to establish whether additional leave is not performing their dutiesnecessary. 12.05 When the Employer deems it necessary to reduce the work force, then said employee can be discharged from said position without recourse from he shall inform the Union (not subject to on the grievance procedure)need for layoffs. An When laying off employees within each job classification, the last employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee hired shall be entitled the first employee laid off, based on ability to do the work. The above considerations shall guide the Employer and receive all the benefits of the Collective Bargaining Agreement as practiced Union when employees on layoff are recalled. 12.06 With respect to bumping, bumping shall not occur in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs employee to transfer be bumped is requested by the landlord/client to remain at his position and shift and/or has letters of commendation on his file indicating that the landlord/client considers his remaining at the location as important. Bumping will also not occur when it negatively affects operational requirements. 12.07 The Employer shall give two (2) weeks’ notice of layoff to all employees who have attained seniority status. Similarly, employees wishing to terminate their employment shall give two (2) weeks’ notice to allow the Employer to hire adequate replacements. 12.08 Any appeal in regard to a layoff or termination must be taken up under the first step of the Grievance Procedure, hereinafter set forth, within five (5) workdays after the layoff or termination took place. 12.09 All laid off employees are required to submit a completed availability forms, on a monthly basis, to the Employer, for a period of six (6) months following the date of layoff. Any employee laid off and recalled for work must return within two (2) workdays, based on completed availability forms. Failure to return to work may be a just cause for termination. 12.10 A vacancy which requires a job posting occurs when: a) the Employer requires additional staff at an existing or related work site; b) an employee permanently leaves his/her position; c) an employee is going to be absent from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless his/her position for a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least period greater than thirty (30) days prior to days. 12.11 The Employer shall post, for a minimum of seven (7) workdays, in a conspicuous place, notice of all vacant positions covered by this agreement. Any employee of the Employer may apply for such layoffnew or vacant positions. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority Seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee considered in the Water Division. If it is awarding of new jobs, provided the Water budget that is affected, employee has the least senior employee will have requisite skill and ability to perform the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedwork.

SENIORITY AND LAYOFF. The first twelve (12) months A. Seniority, as used in this Agreement, is determined by the length of continuous employment starting from the date of employment shall constitute a new an employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet continuous full-time service with the District. Unless leave is protected leave under FMLA or OFLA, an employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or will cease accruing seniority at the end of the twelve (12) month a pay period that when the employee is begins an approved leave of absence without pay of more than thirty-one (31) days; however such employee shall not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure)lose any seniority already accrued. An employee shall acquire will resume accruing seniority after completing the twelve (12) month probationary period and his/her seniority will revert to again from the beginning date of employmentthe pay period when the employee returns to work. During the twelve (12) month probationary period said employee Seniority shall be entitled to and receive all the benefits frozen should an employee accept promotion outside of the Collective Bargaining Agreement as practiced in bargaining unit. B. The District will provide the past. An employee's full time continuous service Association with a copy of the Town of Pembroke ("Town-wide" seniority) shall determine seniority list upon request from the employee's seniority for purposes of layoff and recall under this article. Overall seniority Association, which will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will then be posted on the Union Boardbulletin board. C. An employee shall lose all seniority in the event of a voluntary resignation, discharge for cause, is laid off and fails to respond to written notice as provided in Section 9, Paragraph E of this Agreement, is laid off work for a period of time greater than twenty-four (24) months, fails to report to work at the termination of an extended leave of absence, or while on a leave of absence accepts employment without permission, or is retired. D. Layoff shall be in the inverse order of seniority within classification, by District seniority, with the exception that a less senior employee with the special skill of being bilingual in Spanish as provided in Section 11.I.iii, may be retained over a more senior employee or employees. If an employee is laid off, that employee may elect to displace an employee in a lower classification at a lesser pay range provided that the employee electing to displace another has greater District seniority and is qualified to perform the lower classification. An employee must notify the District of his/her decision to displace another employee within six (6) working days of receipt of the layoff notice. The transfer will start employee displaced by this process must be the employee with the least senior employee District seniority in the Division effected unless a senior lower classification. An employee subject to layoff displacement may, in turn, invoke this displacement process if such an opportunity exists. E. Employees shall be recalled in the Division requests the transfer in writing. If the Town finds it necessary to lay off employeesinverse order of layoff, that is, the procedures set forth in this article will apply. The employer shall meet laid off employee with the Union most seniority will be the first employee recalled. An employee’s failure to discuss any impending layoffs at least thirty (30) days prior respond to such layoff. A "layoff" is hereby defined a recall notice as specified by Section 9.C of this Agreement, shall constitute a complete termination waiver of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division’s recall rights. In the case of the Custodian Classification, if a layoff is necessarytie in seniority, the Town shall layoff in the order of starting employee with the least senior employee within earliest birth month and date shall win the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedtie.

SENIORITY AND LAYOFF. The first twelve (12) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary periodSection 1. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for Seniority means an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time length of continuous service with the Town Department since the first date of Pembroke ("Town-wide" seniority) hire as a regular employee, and shall determine be computed from the employee's seniority for purposes of layoff and recall under this article. Overall seniority date the employee began such service. A. To be absent from the job due to layoffs will be considered lost time for the purpose of seniority; however, in cases the event of transfersreemployment under Section 2 of this Article, previous service shall count towards seniority. B. Employer shall post a seniority roster on December 1 of each year. Overall Employee may protest their seniority within each Division designation through the grievance procedure if they have cause to believe an error has been made. 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. Reduction in hours is distinct and separate from reduction in force and layoff. Reduction in hours will be considered in preference in choice based on the operational needs of vacation periods. the department. B. In the event that the DPW Director needs Employer anticipates that a layoff of employees is to transfer employees from one Division to anothertake place, the transfer Employer will provide the Federation with written notification which will include the positions proposed to be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employeesaffected, the procedures set forth in this article will applyproposed schedule of implementation, and the reasons for the layoff. The employer Said notification shall meet with the Union to discuss any impending layoffs be at least thirty (30) calendar days before the official action is to be taken. Upon Federation request, the Employer will make available to the Federation 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) calendar days prior to such the effective date of the layoff. A "The Employer will provide the Federation with a listing of the employees being notified of the layoff" . C. Layoffs caused by Reduction in Force shall be in reverse order of seniority within the Department, that is; the employee last hired shall be the first released in the same job classification. D. During notification period, affected employees will be given first consideration for any vacant position authorized by the City Manager for which they are qualified within the City. Qualifications based on current/ reviewed/ updated job description. If more than one qualified employee is hereby defined interested in the vacant position, seniority will be the determining factor for selection to the position. E. All recalls to employment shall be in order of seniority; that is, the last employee released as a complete termination result of employment a Reduction in Force shall be the first considered for economic or other legitimate non-disciplinary reasonsany position for which they are qualified within the City. If The Employer shall notify in writing such employee to return to work and furnish the Federation with a layoff is necessary, copy of such notification. It shall be the Town shall layoff by job classification first, then by seniority, starting employee's responsibility to maintain a current address on record with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above Employer for the purpose of such notification. F. Layoffs and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians subsequent recall shall not be eligible considered as a new employment affecting the status of previous employees, nor shall it require the placement of reemployed personnel in a probationary status, if recalled to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisionstheir previous position. G. Any recall rights under this Agreement are only applicable for twelve months from layoff. Section 3. In rehiring in any job classification the Town will offer re-employment Seniority and rights to these former employees who have been laid off in the inverse order in which said employees were laid off. There employee benefits shall be no obligation terminated when an employee terminates under the following conditions: A. terminates voluntarily or retires; B. is discharged for just cause; C. is absent for one working day without properly notifying the Employer; D. fails to offer re-employment to any employee who has been laid off more than report for work after layoff within three (3) years. The offer of re-employment shall be sufficient if made working days after being notified by certified or registered mail addressed to the laid off employee at his their last known address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article unless satisfactory excuse is satisfiedshown.

SENIORITY AND LAYOFF. The first twelve ‌ SECTION 1. Seniority shall mean the length of continuous service with the County. SECTION 2. For the purposes of determining the length of service with the County, the accumulation period shall commence with the most recent date of hire for regular part time or regular full time employees. SECTION 3. A layoff is defined as an involuntary separation from County service. A position can be designated for layoff due to lack of work, lack of funds, abolishment of position or for other involuntary reasons not reflecting discredit on the employee. A written notice of layoff stating the reasons for it shall be given at least fifteen (1215) calendar days before the effective date of layoff except in emergency situations. Layoff rights pursuant to this article shall extend twenty-four (24) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periodsinvoluntary separation. SECTION 4. In the event that of layoff or a reduction in hours, employees may then bump other employees in the DPW Director needs following order: (a) Temporary and extra help employees (b) Probationary employees (c) The least senior part time employee in a classification (d) The least senior full time employee in a classification SECTION 5. An employee subject to transfer employees from one Division layoff in an affected position shall have the right to another, the transfer notification will be posted on the Union Board. The transfer will start with "bump" the least senior employee in an equal or lower job classification, subject to the Division effected unless following: (a) The employee must have more seniority than the employee being "bumped." (b) The employee must have the required skills, ability and qualifications to effectively perform the work of the remaining position without a senior employee in the Division requests the transfer in writing. training period. (c) If the Town finds it necessary to lay off employeesemployee bumps into a lower classification, such employee shall be placed on a step on the lower pay range which represents an amount closest to, but not more than, the procedures set forth in this article will applyemployee's existing salary. Employees who bump to an equal position shall continue at their regular pay rate. (d) A part time employee who is eligible to bump a full time employee or an employee with more hours must agree to work all of the hours required of the new position. (e) The decision of the Administrator shall be final with respect to an employee's qualifications to perform the remaining work. The employer shall meet with Administrator's decision may be challenged under the Union to discuss any impending layoffs at least thirty grievance procedure only if made in an arbitrary or capricious manner. (30f) days prior to such layoff. A "layoff" Reduction of hours is hereby defined as a complete termination of employment reduced work schedule. A reduction in hours is not subject to bumping rights until the reduction in hours has reached a level that the employee is no longer eligible for economic or other legitimate non-disciplinary reasonsCounty paid benefits. If a layoff It is necessaryagreed that temporary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority probationary and extra help employees shall be measured by Town-wide service as defined above and not by departmental service. If it is laid off before a reduction in hours may be implemented subject to the Highwayother provisions of this Article. (g) A reduction in work may, Tree, Cemetery budget that is affected if mutually agreed by the layoffCounty and the effected employee, be accomplished by a distribution among employees. (h) The County shall determine the least senior employee will position(s) to be laid off or reduced in hours. Layoffs or a reduction in hours may be accomplished by seeking volunteers. SECTION 6. Employees shall have the right to bump a lesser senior employee re-employment rights in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the reverse order of starting with the least senior employee within the Custodian classificationlayoffs. SECTION 7. An employee in the Custodian classification will not Seniority shall be permitted to bump any employee within lost for any of the other DPW Divisions. In the event of a layofffollowing reasons: (a) Termination, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former except that permanent employees who resign their position in order to accept a relief or temporary position shall have been laid off in the inverse order in which said employees were laid off. There shall be no obligation their accrued seniority restored upon return to offer re-employment to any employee who permanent status; (b) Layoff or lack of work that has been laid off continued for more than three twenty-four (324) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedconsecutive months.

SENIORITY AND LAYOFF. The first twelve (12) months A. Seniority, as used in this Agreement, is determined by the length of continuous employment starting from the date of employment shall constitute a new an employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full continuous full-time continuous service with the Town of Pembroke ("TownSheriff’s Office. Part-wide" seniority) shall determine the employee's time employees will not accrue seniority for full-time purposes (see Section G below). Any employee on leave which is not paid leave, or leave mandated by law, may accrue up to ninety (90) days seniority. B. The County will provide the Association with a copy of layoff and recall under this article. Overall the seniority list upon request from the Association, which will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will then be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. bulletin board. C. An employee shall lose all seniority in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of voluntary resignation, discharge for cause, is laid off and fails to respond to written notice as provided in Paragraph F, of this Agreement, is laid off work for a layoffperiod of time greater than twenty-four (24) months, fails to report to work at the Custodians shall not be eligible to bump into any other division termination of the DPW, meaning the Water, Highwayan extended leave of absence, or Cemetery/Tree Divisions. In rehiring in any while on a leave of absence accepts employment without permission, or is retired. D. Layoffs within job classification the Town will offer re-employment to these former employees who have been laid off shall be in the inverse order of seniority as defined in Paragraph A. The classifications of Deputy Sheriff, Detective and Corporal are considered the same job classification. An exception to layoff in the inverse order of seniority may be made and a senior employee may be laid off before a junior employee when the junior employee is performing the job in question in a substantially superior manner, taking into consideration job performance, experience and other relevant factors. E. Employees shall be recalled in the inverse order of layoff if positions become available in the job classification from which said employees were the employee was laid off. There An employee’s failure to respond to a recall notice as specified by Paragraph F of this Agreement, shall constitute a waiver of the employee’s recall rights. F. For the purpose of recalling employees from layoff, the following procedures will be no obligation to offer re-employment to any employee who has been laid off more followed: (1) For layoffs of less than three five (35) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of recorddays, as shown a personal visit by the records County representative or a phone call from the County will suffice. (2) For layoffs of the town. Any such laid off employee must respond and be available for re-employment within seventeen five (175) days to one month in duration, employees will have seven (7) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed that a certified notice is mailed to report to work unless a longer period is mutually agreed upon in writing. (3) For layoffs longer than one month employees will have refused re-employment and the Town's obligation under this article is satisfied.fourteen

SENIORITY AND LAYOFF. The first twelve (12) months A. Seniority shall mean length of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town Medical Center and Home Health Nurses hired after July 1, 2011, as a nurse within the bargaining unit. Home Health nurses employed before June 30, 2011, seniority shall mean the original date of Pembroke ("Town-wide" seniority) shall determine hire by Medical Center or hire date in Home Health at the employee's seniority for purposes Albany and Lebanon hospitals prior to the merge, whichever hire date occurred first. A new RN Trainee or Intern will be required to enter the bargaining unit upon completion of layoff and recall under this articletraining or the internship program. Overall Upon entry into the bargaining unit, union seniority will be considered in cases applied back to their date of transfershire as a Trainee or Intern with the Medical Center. B. An employee shall lose all seniority rights for any one or more of the following reasons: 1. Overall seniority Voluntary resignation, unless re-employed within each Division will six (6) months. If the employee is re-employed within six (6) months, time out of the bargaining unit shall be considered in preference in choice deducted out of vacation periodstheir accrued seniority. 2. In Discharge for just cause; 3. Failure to notify the event Medical Center within ten (10) days after being recalled by registered mail, return receipt requested, that the DPW Director needs nurse will accept the position offered and/or failure to transfer employees from return to work within four (4) weeks after being recalled, unless due to actual illness or accident or mutually agreed; 4. Layoff for continuous period of more than one Division to another, the transfer notification will (1) year. C. Notices of vacancies and new positions should be posted on the Union BoardHR bulletin board and website online for seven (7) calendar days. The notice shall include the position, shift, unit, minimum qualifications and FTE. Nurses interested in applying for any such posted vacancy or new position shall make application electronically to the Medical Center within the above posting period. All current employee applicants who are applying for lateral transfer will start and meet the posted qualifications shall be afforded an interview with up to two (2) people designated by the manager. The Medical Center shall post requirements for the actual position to be filled. Applicants shall receive a written response advising them of their selection for the position or reason for denial. Until the successful applicant has begun work in the vacancy or new position, the Medical Center may temporarily fill it with a person of its choosing for a period of up to ten (10) weeks or longer, with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case consent of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedsuccessful applicant.

SENIORITY AND LAYOFF. 4.1 For all purposes in this agreement, seniority is measured from date of hire in a bargaining unit position by UNITE HERE, its predecessor unions or its affiliates. No employee covered by this agreement shall lose his/her seniority because of interdepartmental transfer. The first Union will designate two (2) Stewards, the Chief Shop Xxxxxxx, the Assistant Chief Shop Xxxxxxx or the Xxxxxxx that is in an acting capacity for one of the two positions, which will have super seniority for the purposes of layoff only. 4.2 In the event the Employer determines that a reduction in bargaining unit positions is necessary, layoff shall be by seniority within the same job classification within the office that employs the employee, provided the employee retained is qualified to perform the work. A laid-off employee can bump the lowest seniority employee in the same job classification within the office that employs the employee, provided that the laid-off employee is qualified to perform the particular work. If there is no other employee in the same job classification, then the laid-off employee can bump the least senior employee at the same level within the office that employs the employee, provided that the laid-off employee is qualified to perform the particular work. An employee shall be recalled by seniority within his/her job classification within the office in which he/she was employed. Should such a vacancy occur, prior to posting the position, the Employer will send a notice of recall by certified mail to the last known address of the employee on the recall list, starting with the employee within that job classification with the greatest seniority who is qualified to perform the work. The employee will have ten (10) business days to respond to the Employer regarding his/her decision about the notice of recall. 4.2.1 Employees in their probationary period shall be laid off first. No temporary or part-time worker or intern shall be retained if an employee capable of doing the job is to be laid off. 4.2.2 No employee shall be laid off without two weeks' notice to the employee and to the Union in writing. 4.3 In the event an employee employed at least one year is permanently laid off, such employee shall receive severance pay in the amount of one week's pay for each year of service up to a maximum of twenty (20) weeks' pay; provided however, that an employee who is discharged for just cause, retires under the staff retirement plan or quits is not entitled to severance pay. Any employee receiving severance pay shall be deemed terminated. To be eligible for severance, an employee must execute a General Release provided by the employer. Any employee shall be deemed terminated if they are laid off for a period of more than twelve (12) months except for those covered by the current pandemic MOU language which gives all laid off employees up to 3 years of continuous employment starting from recall based on the date following scale o In the first 2 years, employees are eligible for severance and recall o After 2 years and up to 3 years, they can be recalled without severance 4.4 UNITEHERE shall continue to provide health insurance to laid off employees for a maximum period of employment six (6) months following their lay off in accordance with the schedule below: • Employees with six (6) months of seniority but less than one (1) year shall constitute receive health insurance for a new employee’s probationary periodperiod of two (2) months following their layoff. At the • Employees with one (1) year of seniority but less than two (2) years shall receive health insurance for a period of three (3) month point in the probationary period, the DPW Director months following their layoff. • Employees with two (2) or more years of seniority shall receive health insurance for the DPW employeesa period of six (6) and the Town Administrator (for the Custodian employees) will meet with the employee for months following their layoff. 4.5 No notice of layoff may be given during an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with vacation period or during the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of two weeks preceding such vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. period. 4.6 There shall be no obligation to offer re-employment to layoff in any department within the particular job classification in which a vacancy exists or where any temporary employee who has been laid off more than three (3) years. The offer is currently employed. 4.7 Any employee that takes a lower paying position in lieu of re-employment layoff shall be sufficient if made by certified or registered mail addressed grandfathered to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedhis/her higher wage.

SENIORITY AND LAYOFF. The first twelve six (126) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve six (126) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve six (126) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve six (126) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.thirty

SENIORITY AND LAYOFF. The first twelve (12) months of continuous employment starting from the date of employment shall constitute 10.1 When a new employee’s probationary period. At the three (3) month point reduction in the probationary periodstaff is necessaiy, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order Board shall first attempt to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under accomplish this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periodsby attrition. In the event that it is determined by the DPW Director needs to transfer employees from one Division to anotherBoard that layoffs are necessary, the transfer notification said layoffs shall be within classification, by seniority. The seniority list will be posted on promulgated by November 1 ofeach school year. Any questions regarding the Union Board. The transfer will start with seniority list must be submitted in writing to the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least Executive Director within thirty (30) days prior ofthe issuance ofthe list. Effective July 1, 2013, an employee's seniority date begins on the first day worked ofthe year appointed to such layoffthe Collaborative. 10.2 Classifications for purposes ofthis Article are: Programs for Deafand Hard-of-Hearing School Adjustment Counselor/School Social Worker Speech-Language Pathologist Teacher ofthe Deaf READS Academy School Psychologist School Adjustment Counselor/School Social Worker Teacher Speech-Language Pathologist Registered Nurse 10.3 An employee identified for layoff or on layoff under this Article is entitled to a voluntary transfer to a vacant position in another classification for which the employee is qualified as the Executive Director detennines. 10.4 Employees laid off under this section shall have recall rights for two (2) school years. A "layoff" is hereby defined as Recall shall be in reverse order oflayoff within the classification. When two or more employees have the same layoff date, order ofrecall shall be detem1ined by a complete termination of employment random process. An up-to-date recall list shall be maintained by the Executive Director and provided to the Association. 10.5 Employees shall be recalled by Certified Mail, return receipt requested, to the most recent address upon file with the Executive Director. Employees are responsible for economic or other legitimate non-disciplinary reasonsnotifying the Director ofany address change. If a layoff is necessaryWithin ten (10) days ofreceipt ofthe letter, the Town employee must inform the Executive Director of their intention to take the position. An employee who declines recall to a position equivalent to the one they had shall forfeit all rights and benefits provided for in this Agreement. 10.6 Upon request, employees on layoff by job classification first, then by seniority, starting with shall be notified in writing ofall bargaining unit vacancies. They shall be given preference on the least senior employee. In all casessubstitute list ifthey so desire. 10.7 For purposes ofthis Agreement, seniority shall be measured by Town-wide service defined as defined above and not by departmental servicecontinuous professional - employment with the Collaborative, excluding any periods ofunpaid leaves ofabsence, except as provided in Article VI, 6.4. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will When two (2) or more employees have the right to bump same hiring date, their relative positions on the seniority list shall be allocated by a lesser senior random process. Seniority commences when an employee begins work in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees this bargaining unit. 10.8 Employees who have been laid off in the inverse order in which said employees were shall retain for a period oftwo (2) school years, all seniority accrned prior to being laid off. 10.9 Employees' hours shall not be reduced unless necessary as dete1mined by the Executive Director. There REA Contract - Teachers Unit July I, 2023 - June 30, 2026 18 of 39 Reduction in hours shall be no obligation done in reverse order of seniority where possible. 10.10 Employees who are hired with at least one valid license applicable to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment the position shall be sufficient if made by certified or registered mail addressed accruing seniority on the first day worked. New employees, only, hired under a waiver and who do not have a valid license will not accrue seniority until they receive at least one valid license, applicable to the laid off employee at his last address of recordposition. Any long term substitutes, as shown who are subsequently hired by the records Collaborative, and who hold a valid license applicable to the position, will have any consecutive time as a long term substitute applied to their unit seniority for purposes of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date A1iicle X. XXX Contract - Teachers Unit July l, 2023 - June 30, 2026 19 of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.39

SENIORITY AND LAYOFF. The first twelve (12) months 11.01 Seniority is defined as length of continuous employment starting service within a department and length of service at the Executive Inn Hotels. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall begin from the date on which they become a "regular employee" as per Article 5.03. Departments and classification are defined in Schedule “A”. 11.02 Seniority lists shall be maintained at all times by the Employer. The Union shall be mailed a copy of the seniority list on a regular basis to permit inspection and to allow the Union to ascertain the seniority status of an employee within its jurisdiction. 11.03 Seniority rights shall cease for an employee who: a) voluntarily terminates his employment; b) is discharged and such discharge is not reversed through the grievance procedure; c) is laid off for a continuous period of more than six (6) consecutive months; d) does not return to work on the date specified following an approved leave of absence other than medical leave; e) accepts a promotion or transfer to a position outside the bargaining unit. 11.04 When the Employer deems it necessary to reduce the work force, he shall inform the Union on the need for layoffs. When a reduction of workforce is required, the Employer shall determine the order of layoff based on all of the following considerations: a) departmental seniority of the employees; b) ability and qualification of the employees to perform the work; c) disciplinary records which reflects on work attitude. The above considerations shall also guide the Employer and the Union when employees on layoff are recalled. 11.05 The Employer shall give two (2) weeks’ notice of layoff, or pay in lieu of notice, to all employees who have attained seniority status. Similarly, employees wishing to terminate their employment shall constitute give two (2) weeks’ notice to allow the Employer to hire adequate replacements. 11.06 Any appeal in regard to a layoff or termination must be taken up under the first step of the Grievance Procedure, hereinafter set forth, within five (5) workdays after the layoff or termination took place. 11.07 Any employee laid off and recalled for work must return within two (2) workdays when employed after being recalled, unless he provides the Employer with the reason for his failure to return. Failure to return to work may be a just cause for termination. 11.08 The Employer shall post, for a minimum of seven (7) workdays in a conspicuous place at all locations, notice of all vacant positions in any of the locations covered by this Agreement. Any employee of the Employer may apply for such new or vacant positions. Seniority, qualifications, skill, ability, and disciplinary record which reflected on work attitude, shall be considered in the awarding of all vacancies and new positions. 11.09 a) Should an employee move to a new employee’s probationary perioddepartment, he shall be a junior employee in that department. At However, his seniority in the previous department shall be maintained for a period of three (3) months. Should the employee wish to move back or should a reduction in work reduce the employee’s hours within three month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation may then bump back into his former classification in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of avoid a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.

SENIORITY AND LAYOFF. The first twelve (12) months A. Seniority is defined as the length of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town Employer. Continuous service includes only those periods when an employee is on the employer’s active payroll and those periods when an employee is: a) on leave of Pembroke ("Town-wide" seniorityabsence; b) shall determine on layoff; c) absent from and unable to perform the duties of his position by reason of a disability resulting from illness or occupational injury or disease; d) such other periods of service, if any, as the Civil Service Law requires to be treated as part of the employee's seniority for purposes of layoff and recall under this article’s continuous service. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer If two or more employees from one Division to another, the transfer notification will be posted are hired or appointed on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employeessame date, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, their relative seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting their hiring appointment, as the case may be, by the appointing or hiring official. B. Subject to applicable provisions of the Civil Service Law, if any, an employee loses their seniority only when one or more of the following occurs: they resign (unless they are reinstated within the period permitted by any provision of the Civil Service Law), they are discharged, they retire, they refuse a recall. An employee’s years of seniority are not affected (continue to accrue) when the employee changes job classifications. C. Seniority shall be the determining factor in the assignment of personal days and weekends. Vacation applications will be made in the month of May for the next fiscal year and will be granted based on seniority. All other requests will be filled on a first come, first serve basis. D. For layoff purposes, an employee’s seniority shall determine the order to be followed. The employee with the least senior employee within the Custodian classification. An employee seniority in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any affected job classification shall be the Town will offer re-employment first to these former employees who have been be laid off in until the inverse order in which said total number of employees were laid off. There required to decrease forces shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) yearsestablished. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at Having exhausted his last address of recordseniority in his current classification, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall exercise his seniority to displace any employee with lesser seniority than he in other classifications he has previously held or classifications in the same promotional ladder, provided that in any such case the employee is capable of performing all the duties of the job held by the employee he is displacing and is available to work the same schedule of hours as that employee is working. Recalls shall be deemed to have refused re-employment and in the Town's obligation under this article is satisfiedinverse order of layoffs.

SENIORITY AND LAYOFF. The first twelve six (126) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve six (126) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve six (126) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve six (126) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by lay off in the order of Town-wide seniority regardless of job classification first, then by seniority, starting with the least senior employeeclassifications. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If a layoff is necessary, the Town shall layoff in the order of seniority regardless of job classification. In all cases, a layoff would start with the least senior employee and go up the seniority list which is outlined by the Union. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In If the case of the Town Hall Custodian Classification, if a layoff budget is necessaryaffected, the Town shall layoff in Hall custodian will have the order of starting with the least senior employee within the Custodian classification. An right to bump an employee in the Custodian classification DPW with lesser seniority and if a senior employee in the DPW is affected, he/she will not be permitted have the right to bump any a lesser senior employee within any of in the other DPW DivisionsTown Hall Custodian’s position. In the event of a layoffall cases, the Custodians shall not be eligible to bump into any other division of the DPWoverall seniority, meaning the Water, Highway, or Cemetery/Tree DivisionsTown wide seniority will prevail. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.

SENIORITY AND LAYOFF. The first twelve (12) months A. Seniority shall mean length of continuous service with the Medical Center as a nurse within the bargaining unit. Bargaining unit employees who leave or have left a position within the scope of the bargaining unit, but who remain continuously employed with the Medical Center, shall not lose their previously accrued seniority upon return to the bargaining unit. In such instances the employee shall not accrue seniority during the period of Medical Center employment starting from outside the date bargaining unit. B. An employee shall lose all seniority rights for any one or more of employment shall constitute a new employee’s probationary periodthe following reasons: 1. At the Voluntary resignation, unless re-employed within three (3) month point in months; 2. Discharge for just cause; 3. Failure to notify the probationary periodMedical Center within five (5) days after being recalled by registered mail, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period return receipt requested, that the employee is not performing their dutiesnurse will accept the position offered and/or failure to return to work within two (2) weeks after being recalled, then said employee can be discharged from said position without recourse from the Union unless due to actual illness or accident; 4. Layoff for continuous period of more than one (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (121) month probationary period year. C. Notices of vacancies and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will new positions should be posted on the Union BoardHR bulletin board and online for seven (7) calendar days. The transfer will start notice shall show the position, shift, and unit involved and whether it is full time or part time. Nurses interested in applying for any such posted vacancy or new position shall make application electronically to the Medical Center within the above posting period. All applicants who meet the posted qualifications shall be afforded an interview. They shall receive a written response advising them of their selection for the position or reason for denial. Until the successful applicant has begun work in the vacancy or new position, the Medical Center may temporarily fill it with a person of its choosing for a period of up to ten (10) weeks or longer, with the least consent of the successful applicant. D. Qualified senior employee in nurses who apply shall be given preference for shift and unit vacancies not involving advancement, except that such vacancies may be awarded to a junior nurse applicant who has greater related experience or post-licensure education. Qualified senior nurses who apply shall be given preference for vacancies involving advancement, provided the Division effected unless a senior employee in skill and ability of the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will applynurses is equal. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority Medical Center shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case sole judge of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any relative skill and ability of the other DPW Divisions. In the event of a layoffnurse, the Custodians which judgment shall not be eligible arbitrarily or capriciously exercised. In any case when the Medical Center gives such preference to bump into any other division a junior applying nurse, the Medical Center shall first have given such nurse and all applying nurses senior to him/her the opportunity for an interview to discuss their skill and ability, and shall advise the senior applicant in writing of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There reasons for its decision. E. Seniority lists shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made maintained by certified or registered mail addressed the Medical Center and sent, upon request, to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available Association for rereview semi-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfiedannually.

SENIORITY AND LAYOFF. The first twelve (12) months Section 1. Seniority means the length of continuous employment starting service in the bargaining unit since the last date of hire. For purposes of this Article Licensed Practical Nurses will maintain a separate seniority list. Section 2. Seniority shall continue to accrue during all layoffs and approved leaves of absence not exceeding one year. Section 3. Seniority shall be revoked if an employee retires or otherwise terminates employment; is discharged for cause; permanently transfers out of the bargaining unit; or refuses or fails to respond to a recall from layoff to a permanent position within the same classification in the bargaining unit within 14 calendar days of notice of recall, or refuses to return to work on the date of requested, as long as the date requested allows an employee who has obtained interim employment to give 14 calendar days notice to the interim Employer. Section 4. Seniority shall constitute a new employee’s probationary period. At be the three (3) month point controlling factors in the probationary periodselection of employees for layoff and non-disciplinary demotions within each classification series, provided the DPW Director (for employee(s) remaining meet the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end minimum qualifications of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periodsposition. Section 5. In the event that the DPW Director needs to transfer employees from one Division to anothera bid is eliminated or altered, the transfer notification will be posted on the Union Board. The transfer will start with the least affected employee(s) may use their seniority to bump any less senior employee in within the Division effected unless a senior employee in same classification provided they meet the Division requests minimum qualifications for the transfer in writingposition. If the Town finds it necessary to lay off employees, the procedures set forth in Any employee(s) displaced by this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to procedure may bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian same classification provided they meet the minimum qualifications for the position. Section 6. Any permanent employee subject to layoff, transfer, or non-disciplinary demotion shall be given 21 calendar days advance notice of the action. Section 7. No permanent employees shall be laid off or subject to non-disciplinary demotion while temporary or probationary employees in the same classification series are retained. Section 8. Permanent bargaining unit employees who are laid off or are noticed of layoff and are qualified to fill a vacant or newly created position within the bargaining unit will be awarded that position Section 9. Recall from layoff within each classification shall be in reverse order within that classification. An employee in In recalling employees, the Custodian classification will not be permitted Employer shall send a certified, return receipt letter to bump any employee within any the last known address of the other DPW Divisions. In employee with a copy to the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) yearsAssociation. The offer of re-employment letter shall be sufficient if made by certified or registered mail addressed state that failure to notify the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment Employer within seventeen (17) 14 calendar days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.of

SENIORITY AND LAYOFF. The first twelve (12) months Section 1. Unless the context requires otherwise, seniority shall mean rank seniority which shall be based on the relative length of continuous employment starting from accumulated service of each employee with the date Danbury Fire Department in his particular rank or position. For the purposes of employment this Article, rank shall constitute a new mean and include the following: Fire Fighter, Fire Lieutenant, Fire Captain, Deputy Chief, Dispatcher, Superintendent of Apparatus, Fire Marshal, Deputy Fire Marshal, Drillmaster, Fire Inspector, EMS Coordinator, and Communications Supervisor. An employee’s probationary period's length of service shall not be reduced by time lost due to sick or injury leave or authorized leave of absence. Section 2. At When it becomes necessary to reduce the three (3) month point in manpower of the probationary perioddepartment or to reduce the manpower within any particular rank, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet order of layoff shall be determined in accordance with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be madefollowing procedure. If the DPW Director or need to reduce the Town Administrator determines that manpower within or at any rank above the end rank of firefighter arises, an officer holding said rank shall be demoted rather than laid off. The officer with the twelve (12) month period that least rank seniority shall be the first employee is not performing their dutiesto be demoted. When this occurs, then said the demoted officer shall become the senior employee can be discharged from said position without recourse from in the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period next lower rank and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all bump the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start employee with the least senior rank seniority in such next lower rank. Any officer who is bumped by this process may avail himself of the same process as against a lower ranking officer, in order that the affected officer may be demoted rather than laid off. When the demotion-bumping process is completed and the fire fighting rank is attained, then the employee in with the Division effected unless least rank seniority as a senior fire fighting shall be laid off. Notwithstanding the foregoing provisions of this section, when Section 3. When an employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employeeshas been laid off, or an officer has been demoted, the procedures set forth name of such employee shall be placed on a preferred reemployment list for the appropriate rank. In filling any vacancy in this article will applyany such rank, the preferred reemployment list shall have priority over any other list. The employer All names shall meet remain on any preferred reemployment list until each laid off employee is offered the opportunity for rehire or each such demoted officer is offered the opportunity for restoration to his former rank. When a laid-off employee is rehired, or when a demoted officer is restored to his former rank, he shall regain the rank seniority held prior to layoff or demotion. Laid off or demoted employees shall be notified of their rehiring, or restoration, at the last address on file with the Union fire department and/or the personnel department. Any such employee shall forfeit his right to discuss any impending layoffs at least rehire or restoration if he does not report in writing his willingness to return to work to the Fire Chief within thirty (30) days prior to after written notification of such layoffright. Section 4. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee Any officer who has been reduced in rank during his period of probation and any firefighter laid off more than three (3) years. The offer during his probationary period as a result of rea demotion-employment shall bumping process will be sufficient required to complete the stipulated period of probation if made by certified he is reappointed to his former rank or registered mail addressed to the laid off employee at his last address of record, rehired as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfieda firefighter.

SENIORITY AND LAYOFF. The first twelve (12) months 11.01 Seniority shall be defined as the length of continuous employment starting from service, and shall be applied on a department wide basis. New employees shall be placed on the date seniority list at the end of employment shall constitute a new employee’s their probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within period or at the end of their extended probationary period. Seniority for full time employees shall be determined on the twelve basis of the last date of hire. Seniority for part-time employees and casual employees shall be determined based on the accumulated hours worked since last hired. When a part-time employee moves to full time, the seniority date shall be determined by calculating one hundred forty (12140) month period that hours worked as one month. 11.02 Seniority lists shall be maintained at all times by the Employer. The Union shall be mailed a copy of the seniority list on a regular basis to permit inspection and to allow the Union to ascertain the seniority status of an employee within its jurisdiction. 11.03 Seniority rights shall cease for an employee who: a) voluntarily terminates his employment; b) is discharged and such discharge is not performing their dutiesreversed through the Grievance Procedure; c) is laid off for a continuous period of more than six (6) consecutive months; d) does not return to work on the date specified following an approved leave of absence other than medical leave; e) is promoted and/or transferred to a position outside the bargaining unit. 11.04 When the Employer deems it necessary to reduce the work force, then said employee can be discharged from said position without recourse from he shall inform the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in need for layoffs. When a reduction of workforce is required, the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) Employer shall determine the employee's seniority for purposes order of layoff based on the following considerations: a) seniority of the employees; b) ability and recall qualification of the employees to perform the work; c) disciplinary record which reflects on work attitude. The above considerations shall guide the Employer and the Union when employees on layoff are recalled. 11.05 The Employer shall give two (2) weeks’ notice of layoff, or pay in lieu of notice, to all employees who have attained seniority status. Similarly, employees wishing to terminate their employment shall give two (2) weeks’ notice to allow the Employer to hire adequate replacement. 11.06 Upon dismissal, except termination for cause, employees with five (5) years of service or more are entitled to severance pay of eight (8) hours’ pay for each year of service to a maximum of one hundred twenty (120) hours. Employees who qualify under this articleclause should have worked a minimum of one thousand eight hundred twenty (1,820) hours to qualify for the rate of eight (8) hours per year. Overall seniority will Those working less shall qualify for only four (4) hours for each year. 11.07 Any appeal in regard to a layoff or termination must be taken up under the first step of the Grievance Procedure hereinafter set forth within five (5) workdays after the layoff or termination took place. 11.08 Any employee laid off and recalled for work must return within two (2) workdays when employed after being recalled, unless he arranges to inform the Employer of the reason for his failure to return. Failure to return to work may be a just cause for termination. 11.09 The Employer shall post, for a minimum of seven (7) workdays, in a conspicuous place, notice of all vacant positions covered by this agreement. Any employee of the Employer may apply for such new or vacant positions. Seniority shall be considered in cases the award of transfers. Overall seniority within each Division will new jobs, provided the employee has a good discipline record and demonstrates the ability to do the work. 11.10 Should an employee move to a new department, he shall be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior a junior employee in the Division effected unless a senior employee that department. He shall, however, maintain his seniority in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as previous department for a complete termination period of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) yearsmonths. The Should he wish to move back or should a reduction in work reduce his hours, he may then bump back into his former classification in order to avoid a layoff. 11.11 Within departments and classifications, the Employer shall offer of re-employment and assign the longest shifts to employees with the most seniority. Wherever possible, senior employees shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for rescheduled thirty-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.six