Seniority in Layoff Clause Samples
The Seniority in Layoff clause establishes that decisions regarding which employees are laid off will be based on their length of service with the organization. In practice, this means that employees with less seniority—those who have worked for the company for a shorter period—are typically the first to be laid off, while those with greater seniority are retained longer. This clause ensures a transparent and objective process for workforce reductions, helping to prevent arbitrary or discriminatory layoffs and providing employees with a clear understanding of how layoff decisions are made.
Seniority in Layoff. Employees will be laid off by classification within the department with the least senior employees laid off first.
a. If two (2) or more employees have equal seniority, per Section 16.1, the tie shall be broken as follows, with most credit given to:
1. Length of continuous service with Employer
2. Length of continuous service in the job classification
3. Coin toss
a) All impacted employees, at least one union representative and one Human Resources representative shall be present at the time of the coin toss.
b) A union officer or business representative shall toss the coin unless another person is designated by mutual consent of the parties.
c) The coin shall be tossed in as many rounds as needed to narrow the selection of employees.
i) Heads shall indicate more seniority, tails shall indicate less.
ii) The coin shall be tossed for each employee individually to determine the level of seniority.
b. Part-time Employee: Seniority shall be calculated the same as a full-time employee.
c. Job-Share: Seniority shall be calculated respective of each job share participant. Should the least senior employee in a job share position be laid off, the remaining job share partner shall be treated as a part-time employee.
d. Limited Duration: Employees newly hired into limited duration AFSCME positions shall not be entitled to any layoff or seniority rights under this agreement until they have been employed continuously for three (3) years in the limited duration position. At that time they will receive seniority back to their hire date into the limited duration position they currently hold. If a regular AFSCME employee transitions to a limited duration position without a break in service from the regular status AFSCME position, the employee shall have layoff and seniority rights to the employee’s former regular status AFSCME classification based on the employee’s seniority in that classification.
Seniority in Layoff. Employees will be laid off by classification within the department with the least senior employees laid off first.
a) If two (2) or more employees have equal seniority, per Section 16.1, the tie shall be broken as follows, with most credit given to:
1. Length of continuous service with Employer
2. Length of continuous service in the job classification
3. Coin toss
b) All impacted employees, at least one union representative and one Human Resources representative shall be present at the time of the coin toss.
c) A union officer or business representative shall toss the coin unless another person is designated by mutual consent of the parties.
d) The coin shall be tossed in as many rounds as needed to narrow the selection of employees.
1. Heads shall indicate more seniority, tails shall indicate less.
2. The coin shall be tossed for each employee individually to determine the level of seniority.
Seniority in Layoff. In the event of a layoff or the recalling of laid off Employees, seniority shall govern it being understood that:
(a) Provided that the remaining Employees have the sufficient ability and qualifications to handle the work to be done, the most junior Employees in the affected classification will be laid off.
(b) A laid off Employee shall have the right to displace a junior Employee outside of their classification at the appropriate rate of pay for said classification into which the Employee bumps into, provided the more senior Employee has sufficient ability and qualifications to handle the work.
(c) Laid off Employees shall be recalled in order of their seniority into their classification, an equivalent classification, or lower paid classification, with the laid off Employees having their choice of such available positions in order of their seniority should such choice exist, provided the more senior Employee has sufficient ability and qualifications to handle the work to be done. Employees desiring to avail themselves of this rule must keep their names, phone numbers, email and addresses with the Employer and thereafter keep the Employer informed of their current address, email and phone number.
Seniority in Layoff. 1. In the event that a reduction in force (layoff) is necessary, the principle of seniority shall apply, and such reductions shall take place with those aides with the least service in their respective job classification.
2. Three (3) seniority lists shall be developed (labeled Seniority List A, Seniority List B, and Seniority List C). Each List is the “job classification” referred to in A. above.
3. Seniority List A shall consist of instructional aides and specialist aides. This is a single list, not separately by these titles. Time spent in either position by an employee shall be counted toward seniority. Each employee’s service shall be shown as months served. A day in a pay status is counted as a month of service. “Pay status” means at work, or on a paid leave of absence.
4. Seniority List B shall consist of non-instructional aides. Each employee’s service shall be shown as months served. A day in a pay status is counted as a month of service. “Pay status” means at work, or on a paid leave of absence. For each month that an aide on the B List worked, that month is counted as 1 month.
5. Seniority List C shall consist of security aides. Each employee’s service shall be shown as months served. A day in a pay status is counted as a month of service. “Pay status” means at work, or on a paid leave of absence.
6. If an employee on the A List has worked in a position on the B List, she/he will appear on both List A and List B. The time worked in the A list position will count towards the B List placement, but the time worked in the B List position will not count towards the A List placement.
7. Effective July 1, 2010, the Board shall prepare said Lists and share them with the Association by October 15th each year. The parties shall reach an agreement on said Lists by November 15th each year. The parties have agreed on Seniority Lists A and B which are in place in March of 2010.
Seniority in Layoff. Employees will be laid off by classification with the least senior employees laid off first. Seniority for regular part-time employees shall be calculated the same as regular full-time employees, as defined in Article 7 Seniority.
Seniority in Layoff. A. Where layoffs may be required, the least senior employee shall be the first laid off, providing the residual more senior employees can fully and adequately perform the jobs of any less senior employees who may otherwise be laid off. Thus, as a general rule, seniority shall be observed except where the Board shall determine job skills, experience, training, ability or the like require exceptions to seniority.
B. The Board’s determination will be final, and/or if in the judgment of the Board, a reduction in hours in categories rather than layoffs is desirable, this shall be at the discretion of the Board.
C. Non-classified employees who have been laid off due to abolition of position shall be entitled to preferred eligibility recall rights substantially similar to those enjoyed by classified employees, provided that the employee seeking recall can fully and adequately perform the job to be filled. Thus, as a general rule, seniority shall be observed except where the Board shall determine job skills, experience, training, ability or the like require exceptions to seniority.