Common use of SENIORITY AND REDUCTION IN FORCE Clause in Contracts

SENIORITY AND REDUCTION IN FORCE. 8:1 A draft seniority list shall be posted at the worksite annually by the second Friday in October. Employees who wish to appeal their placement on this list must do so using the Seniority Appeal Form (Appendix B) to the District Human Resources Office before the last Friday in October of the year the list is published. A final list shall be posted by the third Friday in November each year. The list will become the official list by which route and field trip assignments will be awarded. An employee's failure to question, prior to the last Friday in October, the employee’s seniority date on the draft seniority list will preclude the assertion of the employee’s seniority date in challenging any subsequent actions having to do with seniority. Once an appeal has been adjudicated no further appeal for the same reason will be honored. An employee may also question the seniority date of other employees on the draft seniority list. 8:2 In the event that operations and conditions necessitate a reduction in employees, employees will be laid off according to seniority, beginning with the least senior employee. 8:3 Employees who are laid off will be recalled to available positions beginning with the most senior employee. 8:4 When two employees have the same date of hire, they will be listed on the seniority list in ascending order by their last name. If two employees with the same last name have the same date of hire, they will be listed by the month and day of their birth in ascending order. 8:5 The following shall constitute a break of service: resignation, termination for cause, retirement, absence without authorized leave for three (3) consecutive workdays; failure to report within five (5) days of recall; and failure to return to work at the end of an approved leave unless the employee is physically incapacitated. 8:6 An employee on the recall list who is offered and accepts a recall to a temporary position within the District will not forfeit the employee's right to a regular position within the District. Such an employee may be placed in a regular position before the completion of the temporary employment. The employee will be placed at the appropriate position on the recall list upon completion of such temporary employment. 8:7 An employee who declines a temporary position will not be removed from the recall list. 8:8 Persons who are eligible for recall must keep the Supervisor of Transportation informed in writing of any changes in their address, telephone number, and email. 8:9 Refusal of an employee to accept the position within 72 hours of the delivery receipt confirmation or telephone contact and then to report to work on the date indicated by the Administration or at a later mutually agreeable time will relieve the Board of further obligation to offer reemployment. 8:10 Employees who are laid off shall be automatically placed on the recall list for two years. 8:11 Time lost by an employee laid off under the provisions of this Article who is subsequently recalled under provisions of this Article shall not be considered to interrupt continuous service, but such time shall not be counted toward additional seniority or be a criterion for holidays, vacation, pay, or other benefits as set forth in this Agreement. 8:12 Employees on Board-approved leaves of absence shall be subject to the layoff provisions of this Article.

SENIORITY AND REDUCTION IN FORCE. 8:1 A draft seniority list Section 1. Whenever a classified position is abolished, or a reduction in force becomes necessary, or an employee is laid off to create a vacancy for an employee moving from a higher classification, layoff shall be posted at in reverse order of continuous service with the worksite annually by City. Section 2. An employee who has received notice of layoff shall have the second Friday privilege of bumping an employee in Octoberthe same class in his Department with less continuous City service. Employees who wish to appeal their placement on this list must do so using If there are no employees in the Seniority Appeal Form (Appendix B) same class with less continuous City service, he may move to the District Human Resources Office before next lower classification in the class family in the employee's Department. Additionally, the City will permit employees to bump into a different class within the employee's Department so long as the employee has served at least one year in that class. Section 3. An employee who is laid off to create a vacancy for an employee moving from a higher classification shall in turn have the privilege of moving to the next lower classification within the class family for which he is qualified, within the employee's Department, whether or not a vacancy in such lower classification exists. Section 4. In no case shall an employee with greater continuous City service be laid off to create a vacancy for an employee with less continuous City service. Section 5. In the event an employee is to be laid off, the City shall give to the employee in person, or by mail, written notice to the last Friday in October known address of the year the list is published. A final list shall be posted by the third Friday in November each year. The list will become the official list by which route and field trip assignments will be awarded. An employee's failure to question, record thereof at least fourteen (14) calendar days prior to the last Friday in Octobereffective date of the layoff. In order to utilize the privilege of bumping as set forth above, the employee’s seniority date on employee shall give written notice of such election to the draft seniority list will preclude the assertion of the employee’s seniority date in challenging any subsequent actions having to do with seniority. Once an appeal has been adjudicated no further appeal for the same reason will be honored. An employee may also question the seniority date of other employees on the draft seniority list. 8:2 In the event that operations and conditions necessitate a reduction in employees, employees will be laid off according to seniority, beginning with the least senior employee. 8:3 Employees who are laid off will be recalled to available positions beginning with the most senior employee. 8:4 When two employees have the same date of hire, they will be listed on the seniority list in ascending order by their last name. If two employees with the same last name have the same date of hire, they will be listed by the month and day of their birth in ascending order. 8:5 The following shall constitute a break of service: resignation, termination for cause, retirement, absence without authorized leave for three (3) consecutive workdays; failure to report Personnel Human Resources Director within five (5) calendar days after being served with written layoff notice from the City. Section 6. Any status employee in a classification which is not represented by the Union shall not be allowed to demote back to a position in his former classification which is represented by the Union unless said employee applies for and is selected for a vacant position. Section 7. When seniority is utilized to determine work assignments, days off, or shift assignments, Aseniority@ shall be defined as the period of recall; full-time service within any classification represented by the PAGE bargaining unit. This definition of Aseniority@ shall not govern lay-offs or reductions in force. This definition of Aseniority@ shall apply only to employees who obtain positions in a classification represented by the PAGE bargaining unit on or after March 7, 2000. Unless the needs of the department indicate otherwise, seniority will be the basis for shift changes, vacations, holidays, and failure to return to regular days off. For employees in a classification represented by the PAGE bargaining unit prior March 7, 2000, seniority for work at the end assignments, days off, or shift assignments be defined as length of continuous service of an approved leave unless employee with the employee is physically incapacitatedCity. 8:6 An employee on Section 8. Seniority is defined for purposes of this Agreement as the recall list who is offered and accepts a recall to a temporary position within the District will not forfeit the employee's right to a regular position within the District. Such an employee may be placed in a regular position before the completion length of the temporary employment. The employee will be placed at the appropriate position on the recall list upon completion of such temporary employment. 8:7 An employee who declines a temporary position will not be removed from the recall list. 8:8 Persons who are eligible for recall must keep the Supervisor of Transportation informed in writing of any changes in their address, telephone number, and email. 8:9 Refusal continuous service of an employee to accept the position within 72 hours City. For purposes of the delivery receipt confirmation or telephone contact and then to report to work on the date indicated this Agreement, seniority status shall be evidenced by the Administration or at a later mutually agreeable employee's date of hire (the Aseniority commencement date@); provided, however, that no seniority rights shall vest until the employee completes six (6) months of continuous full time will relieve the Board of further obligation to offer reemploymentservice. 8:10 Employees who are laid off shall be automatically placed on the recall list for two years. 8:11 Time lost by an employee laid off under the provisions of this Article who is subsequently recalled under provisions of this Article Section 9. An employee=s seniority status and date shall not be considered affected by absence from work on account of: A. Illness or approved sick leave; B. Injury in the line of duty covered by this Agreement and/or State workers' compensation laws; C. Time spent on approved leave of absence for service in the Armed Forces of the United States or applicable reserve programs; D. Service as a regularly impaneled member of a state or federal jury. Section 10. If an employee in a classification represented by the PAGE bargaining unit accepts another City position that is not represented by PAGE, and then returns to interrupt continuous servicea position represented by PAGE, but such time the employee=s seniority for work assignments, days off, or shift assignments shall not start over from the date an employee returns to a classification within the PAGE bargaining unit. Section 11. Seniority will be counted toward additional seniority or be a criterion the basis for the determination of the priority between employees of the following: shift assignments, vacations, holidays, vacationand regular days off in that division. Section 12. SHIFT BID FOR DIVISIONS THAT HAVE SECOND AND/OR THIRD SHIFTS. Section 13. MINI-BID Section 14. In the event a reduction in force is necessary, pay, any employee who is laid off and is a member of the retirement plan may withdraw his total contribution without forfeiture of that vested portion of the City's contribution. The vested portion of the City=s contribution must remain in the employee=s account with the carrier of the retirement plan or roll the vested portion over into an authorized XXX or other benefits as set forth in this Agreementplan qualified under the Internal Revenue Code. 8:12 Employees on Board-approved leaves of absence shall be subject to the layoff provisions of this Article.

SENIORITY AND REDUCTION IN FORCE. 8:1 A draft 5.6.1 Seniority shall be defined as the total length of continuous full-time service with the District as a member of the bargaining unit in one of the designated categories set forth below. Accumulation of seniority shall begin from the Employee’s first working day. If more than one Employee has the same length of continuous service, position on the seniority list shall be posted at the worksite annually determined by drawing lots by the second Friday in October. Employees who wish to appeal their placement on this list must do so using the Seniority Appeal Form (Appendix B) to the District Human Resources Office before the last Friday in October President of the year the list is published. A final list shall be posted by the third Friday in November each year. The list will become the official list by which route and field trip assignments will be awarded. An employee's failure to question, Association no later than eight (8) days prior to the last Friday Board meeting in Octoberwhich the Board will take action on a reduction-in-force. If an Employee’s category of position changes for any reason, his/her seniority will not transfer to the employeenew category, but seniority shall be retained in the former category of position. Accumulation of seniority in the new category shall begin from the Employee’s seniority date on the draft seniority list will preclude the assertion of the employee’s seniority date first working day in challenging any subsequent actions having to do with senioritythat position. Once an appeal has been adjudicated no further appeal for the same reason will be honored. An employee may also question the seniority date of other employees on the draft seniority list. 8:2 In the event of a reduction-in-force, an affected Employee can exercise bumping rights into his/her former category of position if another Employee in the previous category has less seniority than the affected Employee. (For example, if a current administrative assistant is the least senior Employee in that operations and conditions necessitate category but has five (5) years of previously accrued seniority as a health clerk, in the event of a reduction in employeesthe number of secretaries, employees will the affected Employee can exercise his/her bumping rights back into a health clerk position with fewer than five (5) years of seniority in that category.) 5.6.2 For purposes of this Agreement, each Employee shall be laid off according to seniorityplaced in one of the following classifications based on his/her current assignment: Administrative Assistant Administrative Assistant for Finance Library Aide Office Aide Health Clerk Registered Nurse District Data Administrative Assistant 5.6.3 The Board shall prepare, beginning with maintain and post the least senior employee. 8:3 Employees who are laid off will be recalled to available positions beginning with the most senior employee. 8:4 When two employees have the same date seniority list. A copy of hire, they will be listed on the seniority list in ascending order and subsequent revisions shall be furnished to the Association by their last name. If two employees with the same last name have the same date of hire, they will be listed by the month and day of their birth in ascending orderFebruary 1 each year. 8:5 The following 5.6.4 Seniority shall constitute a break of service: be lost due to resignation, termination dismissal for cause, retirement, absence without authorized leave for three (3) consecutive workdays; failure to report within five (5) days of recall; and failure to return to work at the end of an approved leave unless the employee is physically incapacitated. 8:6 An employee on the recall list who is offered and accepts a recall to a temporary position within the District will not forfeit the employee's right to a regular position within the District. Such an employee may be placed employment in a regular position before the completion of the temporary employment. The employee will be placed at the appropriate position on the recall list upon completion of such temporary employment. 8:7 An employee who declines a temporary position will not be removed excluded from the bargaining unit, or after an Employee’s recall list. 8:8 Persons who are eligible rights have expired. Unpaid leave days or layoff time not worked shall not count as employment for recall must keep the Supervisor of Transportation informed in writing of any changes in their addressseniority purposes, telephone number, and email. 8:9 Refusal of an employee to accept the position within 72 hours of the delivery receipt confirmation or telephone contact and then to report to work on the date indicated by the Administration or at a later mutually agreeable time will relieve the Board of further obligation to offer reemployment. 8:10 Employees who are laid off shall be automatically placed on the recall list for two years. 8:11 Time lost by an employee laid off under the provisions of this Article who is subsequently recalled under provisions of this Article but shall not be considered to interrupt continuous employment. 5.6.5 If full-time Employees are removed or dismissed or the hours they work are reduced as a result of a decision by the Board to either decrease the number of Employees or to discontinue a particular type of educational support service, but such time the Association President shall not be counted toward additional notified. Written notice, together with a letter of honorable dismissal and the reason therefore, shall be given the Employee by registered mail at least thirty (30) days prior to the dismissal or reduction in hours of the Employee. If a reduction in hours is due to an unforeseen reduction in the student population, then written notice must be mailed and given the Employee at least five (5) days before the hours are reduced. Reductions shall be made in reverse order of seniority or be a criterion for holidays, vacation, pay, or other benefits within the separate categories as set forth in this AgreementSection 5.6.2 above, provided, however, that the Employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the Employee(s) with less seniority. 8:12 Employees on Board5.6.6 If a vacancy occurs within the recall timelines established by law following a staff reduction, the Board shall first offer reemployment to the Employee(s) laid off (by category) in the reverse order of the reduction in that category or any other category, provided the Employee to be recalled is determined to possess the current skills, qualifications and abilities necessary to perform the work in the job to which recalled. This recall right shall not apply to part-approved leaves time Employees. 5.6.7 Notice of absence recall shall be subject sent to an Employee by certified mail (return receipt requested) to the layoff provisions last address submitted to the Board by the Employee. The Employee must notify the Board in writing, within ten (10) calendar days of this Articlereceipt of the offer, of the acceptance or rejection of any vacant position tendered to the Employee during the recall period. Any employee who fails to notify the Board of his/her acceptance or rejection of a tendered position within the time lines set forth above shall be deemed to have waived his or her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period.

SENIORITY AND REDUCTION IN FORCE. 8:1 A draft 5.6.1 Seniority shall be defined as the total length of continuous full-time service with the District as a member of the bargaining unit in one of the designated categories set forth below. Accumulation of seniority shall begin from the Employee’s first working day. If more than one Employee has the same length of continuous service, position on the seniority list shall be posted at the worksite annually determined by drawing lots by the second Friday in October. Employees who wish to appeal their placement on this list must do so using the Seniority Appeal Form (Appendix B) to the District Human Resources Office before the last Friday in October President of the year the list is published. A final list shall be posted by the third Friday in November each year. The list will become the official list by which route and field trip assignments will be awarded. An employee's failure to question, Association no later than eight (8) days prior to the last Friday Board meeting in Octoberwhich the Board will take action on a reduction-in-force. If an Employee’s category of position changes for any reason, his/her seniority will not transfer to the employeenew category, but seniority shall be retained in the former category of position. Accumulation of seniority in the new category shall begin from the Employee’s seniority date on the draft seniority list will preclude the assertion of the employee’s seniority date first working day in challenging any subsequent actions having to do with senioritythat position. Once an appeal has been adjudicated no further appeal for the same reason will be honored. An employee may also question the seniority date of other employees on the draft seniority list. 8:2 In the event of a reduction-in-force, an affected Employee can exercise bumping rights into his/her former category of position if another Employee in the previous category has less seniority than the affected Employee. (For example, if a current administrative assistant is the least senior Employee in that operations and conditions necessitate category but has five (5) years of previously accrued seniority as a health clerk, in the event of a reduction in employeesthe number of secretaries, employees will the affected Employee can exercise his/her bumping rights back into a health clerk position with fewer than five (5) years of seniority in that category.) 5.6.2 For purposes of this Agreement, each Employee shall be laid off according to seniorityplaced in one of the following classifications based on his/her current assignment: Administrative Assistant Administrative Assistant for Finance Payroll and Benefits Coordinator Library Aide Office Aide Health Clerk Registered Nurse District Data Administrative Assistant Building Xxxxxxx Custodian Lead Custodian Paraprofessional 5.6.3 The Board shall prepare, beginning with maintain and post the least senior employee. 8:3 Employees who are laid off will be recalled to available positions beginning with the most senior employee. 8:4 When two employees have the same date seniority list. A copy of hire, they will be listed on the seniority list in ascending order and subsequent revisions shall be furnished to the Association by their last name. If two employees with the same last name have the same date of hire, they will be listed by the month and day of their birth in ascending orderFebruary 1 each year. 8:5 The following 5.6.4 Seniority shall constitute a break of service: be lost due to resignation, termination dismissal for cause, retirement, absence without authorized leave for three (3) consecutive workdays; failure to report within five (5) days of recall; and failure to return to work at the end of an approved leave unless the employee is physically incapacitated. 8:6 An employee on the recall list who is offered and accepts a recall to a temporary position within the District will not forfeit the employee's right to a regular position within the District. Such an employee may be placed employment in a regular position before the completion of the temporary employment. The employee will be placed at the appropriate position on the recall list upon completion of such temporary employment. 8:7 An employee who declines a temporary position will not be removed excluded from the bargaining unit, or after an Employee’s recall list. 8:8 Persons who are eligible rights have expired. Unpaid leave days or layoff time not worked shall not count as employment for recall must keep the Supervisor of Transportation informed in writing of any changes in their addressseniority purposes, telephone number, and email. 8:9 Refusal of an employee to accept the position within 72 hours of the delivery receipt confirmation or telephone contact and then to report to work on the date indicated by the Administration or at a later mutually agreeable time will relieve the Board of further obligation to offer reemployment. 8:10 Employees who are laid off shall be automatically placed on the recall list for two years. 8:11 Time lost by an employee laid off under the provisions of this Article who is subsequently recalled under provisions of this Article but shall not be considered to interrupt continuous employment. 5.6.5 If full-time Employees are removed or dismissed or the hours they work are reduced as a result of a decision by the Board to either decrease the number of Employees or to discontinue a particular type of educational support service, but such time the Association President shall not be counted toward additional notified. Written notice, together with a letter of honorable dismissal and the reason therefore, shall be given the Employee by registered mail at least thirty (30) days prior to the dismissal or reduction in hours of the Employee. If a reduction in hours is due to an unforeseen reduction in the student population, then written notice must be mailed and given the Employee at least five (5) days before the hours are reduced. Reductions shall be made in reverse order of seniority or be a criterion for holidays, vacation, pay, or other benefits within the separate categories as set forth in this AgreementSection 5.6.2 above, provided, however, that the Employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the Employee(s) with less seniority. 8:12 Employees on Board5.6.6 If a vacancy occurs within the recall timelines established by law following a staff reduction, the Board shall first offer reemployment to the Employee(s) laid off (by category) in the reverse order of the reduction in that category or any other category, provided the Employee to be recalled is determined to possess the current skills, qualifications and abilities necessary to perform the work in the job to which recalled. This recall right shall not apply to part-approved leaves time Employees. 5.6.7 Notice of absence recall shall be subject sent to an Employee by certified mail (return receipt requested) to the layoff provisions last address submitted to the Board by the Employee. The Employee must notify the Board in writing, within ten (10) calendar days of this Articlereceipt of the offer, of the acceptance or rejection of any vacant position tendered to the Employee during the recall period. Any employee who fails to notify the Board of his/her acceptance or rejection of a tendered position within the time lines set forth above shall be deemed to have waived his or her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period.

SENIORITY AND REDUCTION IN FORCE. 8:1 A draft seniority list Section 1. Whenever a classified position is abolished, or a reduction in force becomes necessary, or an employee is laid off to create a vacancy for an employee moving from a higher classification, layoff shall be posted in reverse order of continuous service with the City. Section 2. An employee who has received notice of layoff shall have the privilege of bumping an employee in the same class in his Department with less continuous City service. If there are no employees in the same class with less continuous City service, he may move to the next lower classification in the class family in the employee's Department. Additionally, the City will permit employees to bump into a different class within the employee's Department so long as the employee has served at least one year in that class. Section 3. An employee who is laid off to create a vacancy for an employee moving from a higher classification shall in turn have the worksite annually privilege of moving to the next lower classification within the class family for which he is qualified, within the employee's Department, whether or not a vacancy in such lower classification exists. Section 4. In no case shall an employee with greater continuous City service be laid off to create a vacancy for an employee with less continuous City service. Section 5. In the event an employee is to be laid off, the City shall give to the employee in person, or by mail, written notice to the last known address of record thereof at least fourteen (14) calendar days prior to the effective date of the layoff. In order to utilize the privilege of bumping as set forth above, the employee shall give written notice of such election to the Personnel Director within five (5) calendar days after being served with written layoff notice from the City. Section 6. Any status employee in a classification which is not represented by the second Friday Union shall not be allowed to demote back to a position in Octoberhis former classification which is represented by the Union unless said employee applies for and is selected for a vacant position. Section 7. Employees When seniority is utilized to determine work assignments, days off, or shift assignments, “seniority” shall be defined as the period of full-time service within any classification represented by the PAGE bargaining unit. This definition of “seniority” shall not govern lay- offs or reductions in force. This definition of “seniority” shall apply only to employees who wish to appeal their placement on obtain positions in a classification represented Section 8. Seniority is defined for purposes of this list must do so using Agreement as the Seniority Appeal Form (Appendix B) length of continuous service of an employee to the District Human Resources Office before the last Friday in October City. For purposes of the year the list is published. A final list this Agreement, seniority status shall be posted evidenced by the third Friday in November each year. The list will become employee's date of hire (the official list by which route and field trip assignments will be awarded“seniority commencement date”); provided, however, that no seniority rights shall vest until the employee completes six (6) months of continuous full time service. Section 9. An employee's failure ’s seniority status and date shall not be affected by absence from work on account of: A. Illness or approved sick leave; B. Injury in the line of duty covered by this Agreement and/or State workers' compensation laws; C. Time spent on approved leave of absence for service in the Armed Forces of the United States or applicable reserve programs; D. Service as a regularly impaneled member of a state or federal jury. Section 10. If an employee in a classification represented by the PAGE bargaining unit accepts another City position that is not represented by PAGE, and then returns to question, prior to the last Friday in Octobera position represented by PAGE, the employee’s seniority for work assignments, days off, or shift assignments shall start over from the date on an employee returns to a classification within the draft seniority list PAGE bargaining unit. Section 11. Seniority will preclude be the assertion basis for the determination of the priority between employees of the following: shift assignments, vacations, holidays, and regular days off in that division. Section 12. SHIFT BID FOR DIVISIONS THAT HAVE SECOND AND/OR THIRD SHIFTS. Section 13. MINI-BID Section 14. In the event a reduction in force is necessary, any employee who is laid off and is a member of the retirement plan may withdraw his total contribution without forfeiture of that vested portion of the City's contribution. The vested portion of the City’s contribution must remain in the employee’s seniority date in challenging any subsequent actions having to do with seniority. Once an appeal has been adjudicated no further appeal for the same reason will be honored. An employee may also question the seniority date of other employees on the draft seniority list. 8:2 In the event that operations and conditions necessitate a reduction in employees, employees will be laid off according to seniority, beginning account with the least senior employee. 8:3 Employees who are laid off will be recalled to available positions beginning with the most senior employee. 8:4 When two employees have the same date of hire, they will be listed on the seniority list in ascending order by their last name. If two employees with the same last name have the same date of hire, they will be listed by the month and day of their birth in ascending order. 8:5 The following shall constitute a break of service: resignation, termination for cause, retirement, absence without authorized leave for three (3) consecutive workdays; failure to report within five (5) days of recall; and failure to return to work at the end of an approved leave unless the employee is physically incapacitated. 8:6 An employee on the recall list who is offered and accepts a recall to a temporary position within the District will not forfeit the employee's right to a regular position within the District. Such an employee may be placed in a regular position before the completion carrier of the temporary employment. The employee will be placed at retirement plan or roll the appropriate position on the recall list upon completion of such temporary employment. 8:7 An employee who declines a temporary position will not be removed from the recall list. 8:8 Persons who are eligible for recall must keep the Supervisor of Transportation informed in writing of any changes in their address, telephone number, and email. 8:9 Refusal of vested portion over into an employee to accept the position within 72 hours of the delivery receipt confirmation authorized XXX or telephone contact and then to report to work on the date indicated by the Administration or at a later mutually agreeable time will relieve the Board of further obligation to offer reemployment. 8:10 Employees who are laid off shall be automatically placed on the recall list for two years. 8:11 Time lost by an employee laid off other plan qualified under the provisions of this Article who is subsequently recalled under provisions of this Article shall not be considered to interrupt continuous service, but such time shall not be counted toward additional seniority or be a criterion for holidays, vacation, pay, or other benefits as set forth in this AgreementInternal Revenue Code. 8:12 Employees on Board-approved leaves of absence shall be subject to the layoff provisions of this Article.

SENIORITY AND REDUCTION IN FORCE. 8:1 A draft seniority list Section 1. Whenever a classified position is abolished, or a reduction in force becomes necessary, or an employee is laid off to create a vacancy for an employee moving from a higher classification, layoff shall be posted in reverse order of continuous service with the City. Section 2. An employee who has received notice of layoff shall have the privilege of bumping an employee in the same class in his Department with less continuous City service. If there are no employees in the same class with less continuous City service, he may move to the next lower classification in the class family in the employee's Department. Additionally, the City will permit employees to bump into a different class within the employee's Department so long as the employee has served at least one year in that class. Section 3. An employee who is laid off to create a vacancy for an employee moving from a higher classification shall in turn have the worksite annually privilege of moving to the next lower classification within the class family for which he is qualified, within the employee's Department, whether or not a vacancy in such lower classification exists. Section 4. In no case shall an employee with greater continuous City service be laid off to create a vacancy for an employee with less continuous City service. Section 5. In the event an employee is to be laid off, the City shall give to the employee in person, or by mail, written notice to the last known address of record thereof at least fourteen (14) calendar days prior to the effective date of the layoff. In order to utilize the privilege of bumping as set forth above, the employee shall give written notice of such election to the Personnel Director within five (5) calendar days after being served with written layoff notice from the City. Section 6. Any status employee in a classification which is not represented by the second Friday Union shall not be allowed to demote back to a position in Octoberhis former classification which is represented by the Union unless said employee applies for and is selected for a vacant position. Section 7. Employees who wish When seniority is utilized to appeal their placement on determine work assignments, days off, or shift assignments, “seniority” shall be defined as the period of full-time service within any classification represented by the PAGE bargaining unit. This definition of “seniority” shall not govern lay- offs or reductions in force. This definition of “seniority” shall apply Section 8. Seniority is defined for purposes of this list must do so using Agreement as the Seniority Appeal Form (Appendix B) length of continuous service of an employee to the District Human Resources Office before the last Friday in October City. For purposes of the year the list is published. A final list this Agreement, seniority status shall be posted evidenced by the third Friday in November each year. The list will become employee's date of hire (the official list by which route and field trip assignments will be awarded“seniority commencement date”); provided, however, that no seniority rights shall vest until the employee completes six (6) months of continuous full time service. Section 9. An employee's failure ’s seniority status and date shall not be affected by absence from work on account of: A. Illness or approved sick leave; B. Injury in the line of duty covered by this Agreement and/or State workers' compensation laws; C. Time spent on approved leave of absence for service in the Armed Forces of the United States or applicable reserve programs; D. Service as a regularly impaneled member of a state or federal jury. Section 10. If an employee in a classification represented by the PAGE bargaining unit accepts another City position that is not represented by PAGE, and then returns to question, prior to the last Friday in Octobera position represented by PAGE, the employee’s seniority for work assignments, days off, or shift assignments shall start over from the date on an employee returns to a classification within the draft seniority list PAGE bargaining unit. Section 11. Seniority will preclude be the assertion basis for the determination of the priority between employees of the following: shift assignments, vacations, holidays, and regular days off in that division. Section 12. SHIFT BID FOR DIVISIONS THAT HAVE SECOND AND/OR THIRD SHIFTS. Section 13. MINI-BID Section 14. In the event a reduction in force is necessary, any employee who is laid off and is a member of the retirement plan may withdraw his total contribution without forfeiture of that vested portion of the City's contribution. The vested portion of the City’s contribution must remain in the employee’s seniority date in challenging any subsequent actions having to do with seniority. Once an appeal has been adjudicated no further appeal for the same reason will be honored. An employee may also question the seniority date of other employees on the draft seniority list. 8:2 In the event that operations and conditions necessitate a reduction in employees, employees will be laid off according to seniority, beginning account with the least senior employee. 8:3 Employees who are laid off will be recalled to available positions beginning with the most senior employee. 8:4 When two employees have the same date of hire, they will be listed on the seniority list in ascending order by their last name. If two employees with the same last name have the same date of hire, they will be listed by the month and day of their birth in ascending order. 8:5 The following shall constitute a break of service: resignation, termination for cause, retirement, absence without authorized leave for three (3) consecutive workdays; failure to report within five (5) days of recall; and failure to return to work at the end of an approved leave unless the employee is physically incapacitated. 8:6 An employee on the recall list who is offered and accepts a recall to a temporary position within the District will not forfeit the employee's right to a regular position within the District. Such an employee may be placed in a regular position before the completion carrier of the temporary employment. The employee will be placed at retirement plan or roll the appropriate position on the recall list upon completion of such temporary employment. 8:7 An employee who declines a temporary position will not be removed from the recall list. 8:8 Persons who are eligible for recall must keep the Supervisor of Transportation informed in writing of any changes in their address, telephone number, and email. 8:9 Refusal of vested portion over into an employee to accept the position within 72 hours of the delivery receipt confirmation authorized XXX or telephone contact and then to report to work on the date indicated by the Administration or at a later mutually agreeable time will relieve the Board of further obligation to offer reemployment. 8:10 Employees who are laid off shall be automatically placed on the recall list for two years. 8:11 Time lost by an employee laid off other plan qualified under the provisions of this Article who is subsequently recalled under provisions of this Article shall not be considered to interrupt continuous service, but such time shall not be counted toward additional seniority or be a criterion for holidays, vacation, pay, or other benefits as set forth in this AgreementInternal Revenue Code. 8:12 Employees on Board-approved leaves of absence shall be subject to the layoff provisions of this Article.