SENIORITY, LAYOFF AND RECALL A. Upon the offer of a position as a non-probationary bargaining unit member, as set forth in Article 7 [B], and the acceptance of the offer, the employee shall be entered on the seniority list, with seniority retroactive to the first day of employment as a probationary employee. There shall be no seniority among probationary employees.
B. Seniority shall be defined as the length of continuous service within a classification within the bargaining unit. Bargaining unit members, who transfer between classifications, or another bargaining unit, or to a supervisory position, will have seniority in his/her former classification frozen. Bargaining unit members simultaneously assigned to more than one (1) classification will accrue seniority in both classifications. Ties on the seniority list shall be broken by the first three digits of the bargaining unit member’s social security number with the bargaining unit member having the higher number being placed first. Seniority shall accumulate while on approved leaves and shall not be considered an interruption in continuous service. Bargaining unit members will lose seniority if the bargaining unit member quits, retires, is discharged, is absent for three (3) or more consecutive days without approval, or fails to return from recall in a timely fashion.
C. Classifications for purposes of this Agreement shall mean the following:
Classification I: Special Education Paraeducators: providing instructional support, behavior management, daily living needs and/or community based support services. Classification II: Overload Paraeducators: providing classroom overload support services. Classification III: Title I Paraeducator
D. It is specifically recognized that it is within the sole discretion of the Board to reduce its staff. Layoff shall be defined as a reduction in the number of bargaining unit members or a reduction in the bargaining unit member’s hours. In the event it becomes necessary to lay off, the following procedures will be implemented:
1. Temporary and probationary employees within the affected classification will be laid off first, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work for the positions scheduled to be retained.
2. In the event it is necessary to lay off bargaining unit members with seniority, the bargaining unit member[s] in the position being eliminated shall be laid off on the basis of seniority, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work of that position. Bargaining unit members affected by a layoff shall have the right to displace the least senior bargaining unit member in that classification, if they are qualified and can perform the duties of that position.
E. Attempts will be made by the Employer to keep bargaining unit members likely to be affected by layoff informally updated. Bargaining unit members scheduled to be laid off shall be given at least fifteen [15] working days written notice prior to the effective date of the layoff. Upon request, the Employer will meet with the Association President to view the layoff list prior to its implementation.
F. Bargaining unit members currently working in the unit shall be eligible for a vacancy before laid-off bargaining unit members are recalled. However, bargaining unit members on layoff shall be recalled before granting any positions to external candidates. Bargaining unit members will be recalled to positions within the classification from which the bargaining unit member was laid off in the inverse order of layoff, provided the bargaining unit member is qualified and can perform the work of that position. Notice of recall will be sent by Certified mail to the bargaining unit member’s last known address on file with the Human Resources Office of the Employer. It shall be the bargaining unit member’s responsibility to keep the Employer notified as to his/her current mailing address. A copy of recall notices will be sent to the Association President. Bargaining unit members will have five (5) calendar days to return to work, except under extenuating circumstances authorized by the Superintendent. The refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit member who declines a recall for which she/he is qualified shall forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of the bargaining unit member’s layoff. Thereafter, a bargaining unit member shall lose his/her rights to recall.
G. For purposes of layoff, displacement and recall, the requirement that a bargaining unit member be qualified and able to perform the work of a position includes the requirement of the work of instructional support, living assistance, community-based support and/or behavior management support, as may be required in the particular position in question.
Layoff and Recall Section 19.1 Reasons, Notice When the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer shall notify the affected employees twenty-one (21) calendar days in advance of the effective date of the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffs.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their classification seniority for the classifications affected by the layoff. The employee(s) with the least classification seniority as defined in Article 20 will be laid off first. Bumping or displacement will also occur in accordance with the employee’s seniority with the least senior employee, as defined by Article 20, laid off first.
Section 19.3 Recall List Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff. Notice of recall shall be sent to the employees by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt of the recall notice to notify the Employer of his intention to return to work and shall have fourteen (14) calendar days following the receipt of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the notice. If the employee does not respond within seven (7) calendar days the employee shall be removed from the recall list. If, upon recall, an employee must receive additional training, the Employer shall provide and pay for the training required to maintain his certification. The employee shall be required to complete the training in a timely fashion established by the Employer. If the employee fails to complete the training, the employee may be removed without recourse to the grievance procedure or the State Personnel Board of Review.
Section 19.4 Bumping Bumping rights will be extended to the employee under this Agreement. Employees may bump or displace employees in other classifications so long as the employee previously worked in the classification or assignment and displaces an employee with less seniority. Employees from other bargaining units not covered by this Agreement, and other employees of the Sheriff’s Office who previously worked in a classification covered by this Agreement, may displace into positions covered by this Agreement so long as the employee displaced has less classification seniority. The employee displaced will be the one with the least seniority. Employees seeking to displace less senior employees will displace to the most recently held classification, and the next most recent, etc. until the employee is able to displace a less senior employee. If no employee in a previously-held classification has less seniority, then the employee seeking to displace shall be laid off. Employees displaced shall be placed on the recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classification.
