Common use of SENIORITY AND LAYOFFS Clause in Contracts

SENIORITY AND LAYOFFS. Section 1. Seniority means an employee's length of continuous service with the department since the first date of hire as a regular employee, and shall be computed from the 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 the event of reemployment under Section 2 of this Article, previous service shall count towards seniority. B. The Employer shall post a seniority roster on December 1st of each year. An employee may protest their seniority 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.” They 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 based on the operational needs of the department. B. In the event the Employer anticipates a layoff of employees is to take place, the Employer will provide the Federation with written notification which will include the name of the employee, the position proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be at least thirty (30) calendar days before the official action is to be taken. Upon 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 notified in writing, by certified mail, at least thirty (30) calendar days prior to the effective date of the layoff. C. Layoffs caused by a 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 the 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 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 result of a reduction in force shall be the first considered for any position for which they are qualified within the City. The Employer shall notify in writing such employee to return to work and furnish the Federation with a copy of such notification. It shall be the employee's responsibility to maintain a current address on record with the Employer for the purpose of such notification. F. Layoffs and subsequent recalls shall not be 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 their previous position. G. Any recall rights under this Agreement are only applicable for twelve months from layoff. Section 3. Seniority and rights to employee benefits shall be 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; or D. fails to report for work after layoff within three (3) working days after being notified by registered mail at their last known address unless satisfactory excuse is shown.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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SENIORITY AND LAYOFFS. Section 1. Seniority means an employee's shall be defined as the length of continuous service with within the department since Barre City/Xxxxxxxxx bargaining unit or within the Barre Town bargaining unit. The probationary period shall be the first date four (4) months of hire as a regular employee, and shall be computed from the 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 the event of reemployment under Section 2 of this Article, previous service shall count towards seniority. B. The Employer shall post a seniority roster on December 1st of each yearemployment. An employee may protest their be discharged with or without cause during this initial probationary period. Seniority shall only be a factor in all cases of promotion with a position covered by the bargaining unit, lay-off, re-assignment of the working force as well as preference in shift assignment and choice of vacation provided that the most senior employee is qualified to perform the duties of that classification within the Barre City/Xxxxxxxxx bargaining unit or within the Barre Town bargaining unit. The District shall establish a seniority designation through list in accordance with 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 above language which shall be separate and distinct from the terms “resignation”, “retirement” and “dismissal.” They 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 based posted on the operational needs of Union bulletin boards and sent to the department. B. In Chapter Chairperson not later than July 1st annually. Any objection to the event the Employer anticipates a layoff of employees is to take place, the Employer will provide the Federation with written notification which will include the name of the employee, the position proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification seniority list as posted shall be at least reported in writing to the Superintendent within thirty (30) calendar days before of the official action posting or it will stand. An employee’s seniority shall be broken by voluntary resignation, retirement, discharge for just cause or death. If it is necessary to be taken. Upon Federation request, have a reduction in staff the Employer will make available to shall notify the Federation any data requested which pertains to the layoff determination. Any employee who is to be placed on layoff will be notified in writing, by certified mail, at least Union thirty (30) calendar days prior to in advance of such a layoff. Layoff shall not put an excessive workload on the effective date of the layoff. C. Layoffs caused by a reduction in force remaining employees. Employees shall be laid off in the reverse order of seniority within the departmentBarre City/Xxxxxxxxx bargaining unit or within the Barre Town bargaining unit. An employee notified of lay off may bump to a position of equal or lower pay rate, but only to the position held by the least senior employee in that is; the position and only if that employee last hired is less senior than he/she. Laid off employee shall remain on a recall list for a period of one (1) year and shall be the first released recalled in the same job classification. D. During the 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 interested in the vacant position, seniority will be the determining factor for selection to the position. E. All recalls to employment shall be in reverse order of seniority; that is, layoff. Failure to comply with the last following shall result in a laid off employee released as a result of a reduction in force shall be being removed from the first considered for any position for which they are qualified within the City. The Employer shall notify in writing such employee to return to work and furnish the Federation with a copy of such notification. It shall be the employee's responsibility to maintain recall list: a. Maintain a current address on record with the Employer b. Failure to respond to the Employer for within five (5) business days of receiving a recall notice c. Declination of recall except that an Employee shall have the purpose right to refuse recall to a position that is substantially different from the position the employee held at the time of such notificationlayoff without forfeiting the right to recall. F. Layoffs and subsequent recalls shall not be 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 their previous position. G. Any recall rights under this Agreement are only applicable for twelve months from layoff. Section 3. Seniority and rights to employee benefits shall be 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; or D. fails to report for work after layoff within three (3) working days after being notified by registered mail at their last known address unless satisfactory excuse is shown.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY AND LAYOFFS. Section 1. 10.1 Seniority means an employee's shall be defined as the length of continuous service in the City calculated from the date of City employment. 10.2 Seniority with regard to classification/rank shall be defined as the length of continuous service in that specific classification within the Police Department calculated from the date of appointment to that classification/rank. The only exception shall be that if an employee served in a higher classification/rank and was subsequently demoted (voluntarily or involuntarily) to a lower classification, seniority with regard to that lower classification/rank shall be calculated from the date of the employee's original appointment to that classification/rank. 10.3 Seniority shall be terminated upon separation from the City. Employees with the department since same employment date or promotional date shall be assigned their seniority date in order of their ranking on the first date eligibility or promotional list, whichever is applicable. 10.4 Seniority shall accumulate during periods of hire absence where the employee remains in pay status. Seniority is not terminated when an employee is on an approved leave of absence without pay; provided, however, that seniority shall not accrue during any period in which the employee is not in paid status. 10.5 In the event there should be a need to lay off employees in the bargaining unit, such layoff shall be governed by the following: A. The City shall establish a Retention Register for each bargaining unit classification (e.g., full-time police officer and police sergeant) affected by the layoff. All employees occupying positions in the affected classification shall be placed on the applicable Retention Register according to the number of consecutive years of service with the City and according to current efficiency ratings. One point for retention shall be allowed for each consecutive year of recognized seniority in the competitive service of the City and points for grades on current efficiency (performance evaluation) ratings shall be added as follows: For police officers and police sergeants – “satisfactory” one (1) point; “unsatisfactory” zero (0) points. As each position is abolished, the employee lowest on the Retention Register for the classification in which that position falls shall be removed from employment in that classification. B. The employee who is removed from employment in a regular employeeclassification as provided in subparagraph A above shall be demoted to the next lowest classification in the Department. An employee demoted to a lower classification shall be placed on the Retention Register for that classification according to his/her total years of consecutive City service and current efficiency (performance evaluation) ratings as set forth in subparagraph A above. An employee being so demoted shall displace the employee whose total consecutive years of City service and current efficiency (performance evaluation) rating is lower than that of the employee being demoted. If there is no lower classification to which the employee can be demoted, the employee shall be laid off from the classification he/she currently occupies, and shall be computed from placed on the date the employee began Retention Register in such serviceclassification according to his/her total years of consecutive City service and current efficiency (performance evaluation) ratings. A. To be absent from the job due to layoffs, C. Two (2) weeks advanced notice will be considered lost time for the purpose of seniority. However, given to any employee in the event of reemployment under Section 2 layoff. The Union will be provided copies of this Article, previous service shall count towards senioritynotices of layoff of bargaining unit employees. B. The Employer D. All other details concerning lay-off procedures shall post a seniority roster on December 1st of each year. An employee may protest their seniority designation through the grievance procedure if they have cause to believe an error has been madebe governed be existing City and Departmental Rules and Regulations. A. A reduction 10.6 Bargaining unit employees laid off in force and the term "layoff" as used herein accordance with this Article shall be separate subject to recall as follows: A. Bargaining unit employee laid off in accordance with this Article shall be granted first consideration for a vacancy in a Departmental classification for which they are qualified. The order of recall shall be according to total consecutive years of City service and distinct from efficiency (performance evaluation) ratings earned in the terms “resignation”classification occupied immediately prior to the layoff (i.e., “retirement” and “dismissal.” They 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 based standing on the operational needs of the departmentapplicable Retention Register). B. In the event the Employer anticipates a layoff of employees is to take placerecall from layoff, the Employer will provide City shall notify the Federation with written notification which will include recalled employee by telephone and by certified mail or hand-delivery to the name of last address in the employee, the position proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be at least thirty (30) calendar days before the official action is to be taken. Upon Federation request, the Employer will make available to the Federation any data requested which pertains to the layoff determination's personnel record. Any employee who is fails to be placed on layoff will be notified in writing, by certified mail, at least thirty (30) calendar days prior to the effective date of the layoff. C. Layoffs caused by a 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 the notification period, affected employees will be given first consideration for any vacant position authorized by notify 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 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 result of a reduction in force shall be the first considered for any position for which they are qualified within the City. The Employer shall notify in writing such employee his/her intention to return to work within fourteen (14) days of initial attempted delivery by certified mail or hand-delivery to his/her last recorded address shall forfeit his/her seniority and furnish the Federation with a copy of such notification. It shall be the employee's responsibility to maintain a current address on record with the Employer for the purpose of such notificationrecall rights. F. Layoffs and subsequent recalls C. A laid-off employee shall not be 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 their previous position. G. Any retain recall rights under this Agreement are only applicable for twelve months two (2) years from the date of his/her layoff. Section 3. Seniority and rights to employee benefits D. Additional details concerning recall shall be 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; or D. fails to report for work after layoff within three (3) working days after being notified governed by registered mail at their last known address unless satisfactory excuse is shownexisting City and Departmental Rules and Regulations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY AND LAYOFFS. Section Effective beginning July 1. Seniority means an employee's , 2000, seniority for layoff purposes is defined as the total length of continuous service with regular employment and authorized absence within the department since employee’s current classification and any equal or higher level classification at the first date Commission. The President and Chief Executive Officer may authorize layoff of hire employees within the Commission, a division, department, or work unit as a regular employeefollows: When one or more employees performing in the same classification are to be laid off for lack of work, and reorganization, or purposes of economy, the order of layoff shall be computed from the date the employee began such serviceas follows: A. All temporary employees within affected classification(s). A. To B. All regular employees serving in a temporary assignment in the affected classification shall return to their regular position/classification. C. All introductory period employees within affected classification(s) who have not completed new hire probation. D. Regular employees with least seniority within the affected classification(s) shall be absent from the job due to layoffs, will laid off first. Time spent in an equal or higher classification shall be considered lost time included for the purpose of seniorityoverall time in the affected classification. However, in In the event of reemployment under Section 2 a tie, the President and Chief Executive Officer shall have final discretion that shall consider the employee’s length of this Articletotal continuous regular service with the Commission, previous service shall count towards seniority. B. The Employer shall post a seniority roster on December 1st of each year. An employee may protest their seniority designation through documented performance within the grievance procedure if they have cause to believe an error has been made. A. A reduction in force preceding five-year period, specialized skills and training, and the term "layoff" as used herein shall be separate operational and distinct from the terms “resignation”, “retirement” and “dismissal.” They 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 based on the operational program needs of the departmentCommission. B. In E. Exceptions to layoff may be made in instances of volunteers for layoff. Exceptions to layoff may also be made by the event President and Chief Executive Officer in extraordinary circumstances when it is determined that loss of a specific position will result in a reduction in program funding or will seriously impact service delivery to residents or special program(s) and to the Employer anticipates a layoff of employees is to take place, the Employer will provide the Federation with written notification which will include the name mission of the employeeCommission. Exceptions will be made to position and/or program with advance notification to the Union and impacted employees prior to such action taking effect. F. An employee affected in "D" above shall be allowed to transfer to lateral classifications or demote to lower classifications if: (1) the employee held the lateral or lower classification and has seniority over the incumbent as defined in “D” above, or (2) a position is vacant in a classification for which the position proposed employee is qualified. Employees transferring to lateral classifications shall have their salaries treated in accordance with transfer provisions herein. Employees accepting demotion shall have their salaries adjusted in accordance with demotion provisions herein. Requests for voluntary demotion or transfer must be affected, made in writing to the proposed schedule Human Resources Section within five (5) workdays after receipt of implementation, layoff notice. G. Employees bumped by the foregoing shall be treated as notified of layoff and the reasons for the layoffsame rights will apply. Said notification Employees subject to layoff shall be given at least thirty ten (3010) 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 notified in writing, by certified mail, at least thirty (30) calendar days workdays written notice prior to the effective date of the layoff. C. Layoffs caused by a reduction in force . The names of regular employees laid off shall be entered upon re-employment list in reverse the inverse order of seniority within that they were laid off. The person ranking highest on the department, that is; the employee last hired re-employment list for a particular classification shall be offered the first released appointment when a vacancy exists in the same job that classification. D. During the notification period, affected employees will be given first consideration for . Employees on any vacant position authorized by the City Manager re-employment may accept a vacancy in a lower classification for which they are qualified within and retain the City. Qualifications based on current/ reviewed/ updated job description. If more than one qualified employee is interested right to fill the first vacancy which occurs 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 result of a reduction in force shall be the first considered for any position for classification from which they are qualified within were laid off. New hire introductory period shall not be required for laid off employees who previously attained regular status upon re-employment from the Citylist to their laid off class. The Employer Employees recalled from layoff shall notify in writing such employee have prior accrued seniority restored. Employees shall lose their seniority for the following reasons: (a) discharge, (b) resignation, (c) failure to return to work and furnish when recalled from layoff as set forth in the Federation with a copy of such notification. It shall be the employee's responsibility recall procedure, (d) failure to maintain a current address on record with the Employer for the purpose of such notification. F. Layoffs and subsequent recalls shall not be 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 return to their previous position. G. Any recall rights under this Agreement are only applicable for twelve months from layoff. Section 3. Seniority and rights to employee benefits shall be 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; or D. fails to report for work after expiration of a formal leave of absence, (e) retirement, and (f) layoff within three (3) working days after being notified by registered mail at their last known address unless satisfactory excuse is shownfor a continuous period of one year.

Appears in 1 contract

Samples: Memorandum of Understanding

SENIORITY AND LAYOFFS. Section 1. Seniority means an employee's length of continuous service with the department since the first date of hire as a regular employee, and shall be computed from the 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 the event of reemployment under Section 2 of this Article, previous service shall count towards seniority. B. The Employer shall post a seniority roster on December 1st of each year. An employee may protest their seniority 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.” They 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 based on the operational needs of the department. B. In the event the Employer anticipates a layoff of employees is to take place, the Employer will provide the Federation with written notification which will include the name of the employee, the position proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be at least thirty (30) calendar days before the official action is to be taken. Upon 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 notified in writing, by certified mail, at least thirty (30) calendar days prior to the effective date of the layoff. C. Layoffs caused by a 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 the 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 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 result of a reduction in force shall be the first considered for any position for which they are qualified within the City. The Employer shall notify in writing such employee to return to work and furnish the Federation with a copy of such notification. It shall be the employee's responsibility to maintain a current address on record with the Employer for the purpose of such notification. F. Layoffs X. Xxxxxxx and subsequent recalls shall not be 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 their previous position. G. Any recall rights under this Agreement are only applicable for twelve months from layoff. Section 3. Seniority and rights to employee benefits shall be 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; or D. fails to report for work after layoff within three (3) working days after being notified by registered mail at their last known address unless satisfactory excuse is shown.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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SENIORITY AND LAYOFFS. Section 111.01 Seniority of employees shall be recognized within their trade and job classifications. Seniority means an employee's length New employees shall be placed on the seniority list upon completion of continuous service with their probationary period and their seniority shall be dated back to the department since the first date of hire as a regular employee, their most recent hiring. 11.02 Seniority lists shall be maintained at all times by the Employer and shall be computed from available to the date the employee began such serviceUnion. A. To be absent from 11.03 Seniority rights shall cease for any employee who: a. voluntarily quits the job due employ of the Employer; b. is discharged and the discharge is not reversed through the grievance procedure; c. fails to report on the first day following the expiration of a leave of absence, unless he has a justifiable reason; or d. is laid off for a continuous period of more than six consecutive months. 11.04 When the Employer deems it necessary to reduce the workforce, it shall inform the Union on the need for layoffs, will be considered lost time for the purpose of seniority. HoweverWhen, in the event opinion of reemployment under Section 2 the Employer, a reduction of this Articlethe workforce is inevitable, previous service probationary employees shall count towards senioritybe laid off first. If further reductions are necessary, the Employer may, in consultation with the Union, determine the order of layoff and in doing so it shall be guided by the following considerations: a. seniority standings of the employees; and b. ability of the employees to perform the work. Employees on layoff shall be recalled in the inverse order in which they were laid off, unless agreed otherwise by the parties. B. 11.05 The Employer shall post give a seniority roster on December 1st one week's notice of each year. An employee may protest their seniority designation through layoff to the grievance procedure employees and will meet with a Xxxxxxx or a CLAC Representative - 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.” They 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 based on the operational needs of the department. B. In the event the Employer anticipates a layoff of employees is to take place, the Employer will provide the Federation with written notification which will include the name of the employee, the position proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification shall be so requested - 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 twenty four hours prior to the layoff determination. Any employee who is in order to be placed on layoff will be notified in writing, by certified mail, at least thirty (30) calendar days prior to the effective date of review the layoff. C. Layoffs caused by a 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 the 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 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 result of a reduction in force shall be the first considered for any position for which they are qualified within the City. The Employer shall notify in writing such not be required to give one week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation. 11.06 Any appeal regarding a layoff must be taken up under the first step of the grievance procedure. 11.07 Any employee to laid off and recalled for work must return to work within two workdays when unemployed and furnish the Federation with a copy of such notification. It shall be the employee's responsibility to maintain a current address on record within seven workdays when employed elsewhere after being recalled or make definite arrangements with the Employer for the purpose of such notificationto return. F. Layoffs and subsequent recalls shall not be 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 their previous position. G. Any recall rights under this Agreement are only applicable for twelve months from layoff. Section 3. Seniority and rights to employee benefits shall be 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; or D. fails to report for work after layoff within three (3) working days after being notified by registered mail at their last known address unless satisfactory excuse is shown.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY AND LAYOFFS. Section 131.01. Seniority means an employee's length of shall be based upon full-time continuous service in the Avon Fire Department calculated from the original date of full-time employment with the department since Avon Fire Department. Continuous service shall be broken only by resignation, discharge, or other separation from service lasting thirty-one (31) calendar days or more. Employees with the first same employment date shall be assigned to the seniority list in order of their part-time seniority and thereafter based upon their rank on the Civil Service Eligibility List. Employees who are promoted to the next higher rank within the bargaining unit shall be credited with seniority in rank based upon the date of hire as the promotion. 31.02. The Employer shall post and maintain annually a regular employee, and current seniority list. The seniority list shall be computed from the date the employee began such serviceutilized whenever called for by specific articles and sections of this agreement. A. To be absent from 31.03. The Employer shall determine when personnel reductions within the job due to layoffsbargaining unit are necessary, will be considered lost time for the purpose of senioritylayoff due to lack of work, lack of funds or job abolishment. However, in the event of reemployment under Section 2 of this Article, previous service shall count towards seniority. B. The Employer shall post determine the classifications and number of positions to be affected by a layoff. Within each classification layoff shall occur by inverse order of seniority roster on December 1st (least senior first). If a position(s) is above the rank of each year. An employee may protest their seniority designation through Firefighter/paramedic, the grievance procedure if they have cause to believe an error has been made. A. A reduction least senior officer in force and point of service in the term "layoff" as used herein affected rank classification shall be separate and distinct from reduced to the terms “resignation”, “retirement” and “dismissal.” They 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 based on the operational needs of the department. B. In the event the Employer anticipates a layoff of employees is to take place, the Employer will provide the Federation with written notification which will include the name of the employee, the position proposed to be affected, the proposed schedule of implementationnext lower rank, and the reasons for the layoff. Said notification least senior officer in point of service in such lower rank shall be reduced, until the least senior person in point of service in the classification of Firefighter/paramedic has been reached and he shall be laid off. The Employer shall notify affected employees in writing at least thirty seven (307) 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 notified in writing, by certified mail, at least thirty (30) calendar days prior to advance of the effective date of the layoff. C. Layoffs caused by a reduction in force 31.04. For the purpose of reduction, “rank” shall be defined in order from highest to lowest as Captain/paramedic, Lieutenant/paramedic and Firefighter/paramedic. 31.05. Employees who are laid off will be placed on a recall list for a period of one (1) year from the effective date of the layoff. Recall from layoff will be made 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 the 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 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 senioritylayoff; that is, the last employee released as placed on layoff from a result of a reduction in force shall classification will be the first considered for any position for which they are qualified within to be recalled. Employees shall be given fourteen (14) calendar days advance notice of recall and such notice shall be sent by certified mail to the Cityemployee’s last address on record. The Employer Employees shall notify in writing such employee have five (5) calendar days to return accept or reject the Employer’s offer of recall. Employees rejecting recall or failing to report to work and furnish on the Federation with a copy effective date of such notification. It the recall shall be the employee's responsibility to maintain a current address on record with the Employer for the purpose of such notification. F. Layoffs and subsequent recalls shall not be 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 their previous position. G. Any recall rights under this Agreement are only applicable for twelve months from layoff. Section 3. Seniority lose all seniority and rights to employee benefits shall be 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; or D. fails to report for work after layoff within three (3) working days after being notified by registered mail at their last known address unless satisfactory excuse is shownof recall.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY AND LAYOFFS. Section 1. Seniority means an employee's shall be defined as the length of continuous service with within the department since bargaining unit. The probationary period shall be the first date four (4) months of hire as a regular employee, and shall be computed from the 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 the event of reemployment under Section 2 of this Article, previous service shall count towards seniority. B. The Employer shall post a seniority roster on December 1st of each yearemployment. An employee may protest their be discharged with or without cause during this initial probationary period. Seniority shall only be a factor in all cases of promotion with a position covered by the bargaining unit, lay-off, re-assignment of the working force as well as preference in shift assignment and choice of vacation provided that the most senior employee is qualified to perform the duties of that classification within the bargaining unit. The District shall establish a seniority designation through list in accordance with 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 above language which shall be separate and distinct from the terms “resignation”, “retirement” and “dismissal.” They 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 based posted on the operational needs of Union bulletin boards and sent to the department. B. In Chapter Chairperson not later than July 1st annually. Any objection to the event the Employer anticipates a layoff of employees is to take place, the Employer will provide the Federation with written notification which will include the name of the employee, the position proposed to be affected, the proposed schedule of implementation, and the reasons for the layoff. Said notification seniority list as posted shall be at least reported in writing to the Superintendent within thirty (30) calendar days before of the official action posting or it will stand. An employee’s seniority shall be broken by voluntary resignation, retirement, discharge for just cause or death. If it is necessary to be taken. Upon Federation request, have a reduction in staff the Employer will make available to shall notify the Federation any data requested which pertains to the layoff determination. Any employee who is to be placed on layoff will be notified in writing, by certified mail, at least Union thirty (30) calendar days prior to in advance of such a layoff. Layoff shall not put an excessive workload on the effective date of the layoff. C. Layoffs caused by a reduction in force remaining employees. Employees shall be laid off in the reverse order of seniority within the departmentbargaining unit. An employee notified of lay off may bump to a position of equal or lower pay rate, but only to the position held by the least senior employee in that is; the position and only if that employee last hired is less senior than he/she. Laid off employee shall remain on a recall list for a period of one (1) year and shall be the first released recalled in the same job classification. D. During the 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 interested in the vacant position, seniority will be the determining factor for selection to the position. E. All recalls to employment shall be in reverse order of seniority; that is, layoff. Failure to comply with the last following shall result in a laid off employee released as a result of a reduction in force shall be being removed from the first considered for any position for which they are qualified within the City. The Employer shall notify in writing such employee to return to work and furnish the Federation with a copy of such notification. It shall be the employee's responsibility to maintain recall list: a. Maintain a current address on record with the Employer b. Failure to respond to the Employer for within five (5) business days of receiving a recall notice c. Declination of recall except that an Employee shall have the purpose right to refuse recall to a position that is substantially different from the position the employee held at the time of such notificationlayoff without forfeiting the right to recall. F. Layoffs and subsequent recalls shall not be 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 their previous position. G. Any recall rights under this Agreement are only applicable for twelve months from layoff. Section 3. Seniority and rights to employee benefits shall be 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; or D. fails to report for work after layoff within three (3) working days after being notified by registered mail at their last known address unless satisfactory excuse is shown.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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