SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position. B. An employee’s seniority shall terminate: 1. If the employee quits. 2. If the employee retires. 3. If the employee is discharged. 4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail. 5. When an employee is assigned out of the Bargaining Unit the following provisions will apply: a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period. b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit. c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit. d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights). e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position. C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications. D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last. E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action. F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University. G. For seasonal layoffs the following provisions will apply: 1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable. H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff. I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.) J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights. K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights. L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights. M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Upon the employee’s length offer of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status position as a non-probationary bargaining unit member, as set forth in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining UnitArticle 7 [B], and the employee is later found not to have met acceptance of the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary periodoffer, the employee shall be credited 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 employee’s prior seniority bargaining unit member having the higher number being placed first. Seniority shall accumulate while on approved leaves and Bargaining Unit rights but shall not be credited with considered an interruption in continuous service. Bargaining unit members will lose seniority if the bargaining unit member quits, retires, is discharged, is absent for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies 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 seniority list on March 1, and September 1, of each year showing the seniority of each employee reduction in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted number of bargaining unit members or a reduction in the departments bargaining unit member’s hours. In the event it becomes necessary to question the employee’s position on that list. If no question is received within the time periodlay off, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list following procedures will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will applyimplemented:
1. The University Temporary and probationary employees within the affected classification will continue its efforts be laid off first, provided that the remaining bargaining unit members within the classification are qualified and available to minimize seasonal layoffs; but if there perform the work for the positions scheduled to be retained.
2. In the event it is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 daysnecessary to lay off bargaining unit members with seniority, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and bargaining unit member[s] in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is position being eliminated shall be laid off will first 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 another employee with less University Seniority the least senior bargaining unit member in the same classification throughout the University. If there is no less senior employee within the that classification, if they are qualified and can perform the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification duties of that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsposition.
K. An employee’s displacement rights shall E. Attempts will be subject made by the Employer to fulfillment of qualifications for the positionkeep bargaining unit members likely to be affected by layoff informally updated. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will Bargaining unit members scheduled to be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University given at least fourteen (14) calendar fifteen [15] working days in advance written notice prior to the effective date of the layoff. Except for extraordinary circumstances such as acts of God or hospitalizationUpon request, the employee 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 after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work, except under extenuating circumstances authorized by the Superintendent. The date refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit member who declines a recall for returning to work which she/he is qualified shall be no less than seven (7) calendar days forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of notice received unless mutually agreed upon with the Unionbargaining unit member’s layoff. Failure Thereafter, a bargaining unit member shall lose his/her rights to return from layoff shall subject recall.
G. For purposes of layoff, displacement and recall, the employee requirement that a bargaining unit member be qualified and able to termination perform the work of servicea 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.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status employment in a Bargaining Unit positionclassification (See Appendix A) in the bargaining unit.
B. An employee’s seniority shall terminate:
1. If the employee quitsA bargaining unit member who works in more than one (1) classification shall be entitled to accrue seniority in all such classifications for as long as he works in more than one (1) classification.
2. If Employees who transfer between classifications, shall have their seniority in the employee retiresformer classification frozen.
3. If Only members of the employee is dischargedbargaining unit shall accrue seniority within the unit. Non-bargaining unit employees who perform bargaining unit work as temporary employees, such as supervisors and student employees whether enrolled in a formal work program or not, shall not establish a date of hire for purposes of accruing seniority in the bargaining unit.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may Days worked in non-bargaining unit classifications shall not be terminated effective on the 7th day following the used for establishing a date of mailing a letter from hire or for purposes of accruing seniority in the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailbargaining unit.
5. When an employee is assigned out Should a bargaining unit member transfer to a non-bargaining unit position within the Xxxxxxx Public Schools, seniority shall not continue to accrue; however, the unit member shall have his seniority accrual frozen until such time as he may return to the bargaining unit.
6. Part-time bargaining unit members shall accrue seniority as if they were employed full time.
7. A bargaining unit member who has been laid off, whether in full or in part, shall accrue seniority as if he were employed full time.
8. A probationary bargaining unit member shall have no seniority until the completion of the Bargaining Unit probationary period at which time seniority shall revert to his first day of work.
9. Unpaid leaves of absence granted pursuant to this Agreement shall not constitute an interruption in continuous service.
10. A bargaining unit member shall lose his seniority only for the following provisions will applyreasons:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary periodHe resigns or retires.
b. If an employee leaves He is discharged and the Bargaining Unit to take a non-Bargaining Unit position and returns to discharge is not reversed through the Bargaining Unit for reasons other than those grievance procedure set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unitin this Agreement.
c. Except for laid-off employees who are awarded When the Employer offers him a non-Bargaining Unit position, once an employee has completed position equivalent to that held prior to layoff and he refuses the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unitsame.
d. Once a Bargaining Unit employee is promoted out When the bargaining unit member fails to return from an unpaid leave of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University absence within three (3) working days of the end of said leave.
e. When the bargaining unit member is absent for three (3) consecutive working days without notifying the Employer. Exceptions may be made by the Superintendent.
f. After such absences, as listed in d and e above, the Employer will send written notification to the bargaining unit member at his last known address that he has lost his seniority, and his employment has been terminated. If the disposition made of any such case is not satisfactory, the matter may be referred to the grievance procedure.
g. If the bargaining unit member is continually laid off for a period of two (2) years, the Employer will send written notification to the bargaining unit member at his last known address that he has lost seniority and that his employment has been terminated.
11. The Employer shall prepare, maintain and post the seniority list annually. Posting shall occur by October 15. A copy of the seniority list and subsequent revisions shall be furnished to the Association President.
a. The seniority list shall be by classification and shall include the name and job title of all bargaining unit members entitled to seniority in the bargaining unit.
b. Any errors in the seniority list shall be brought to the attention of management within ten (10) working days of posting.
B. It is within the Employer's right to layoff and eliminate staff.
1. Layoff shall be defined as a reduction in the work force due to economic necessity, but shall not include the temporary reduction of bus drivers and cafeteria help during the summer months.
2. Bargaining unit members to be laid off shall be provided with written notice at least fourteen (14) calendar days prior to the effective date of receipt said layoff. Bargaining unit members whose positions have been eliminated shall be notified of notice such elimination.
3. In the event of a layoff, the following procedure shall apply:
a. All temporary employees within the affected classification(s) shall be laid off unless there is no qualified bargaining unit member to perform the work.
b. Should further reduction be necessary, probationary bargaining unit members within the affected classification(s) shall be laid off unless there is no qualified, non- probationary unit member to perform the work.
c. Should further reduction be necessary, bargaining unit members shall be laid off in accordance with their seniority status with the least senior bargaining unit members within the classification to be laid off first unless there is no other qualified unit member to perform the work. In the event a bargaining unit member is unable to maintain a position within his/her intention classification through the procedure set forth in the paragraph immediately above, the bargaining unit member will be assigned to return the position held by the least seniored bargaining unit member in another classification in which the displaced bargaining unit member has frozen seniority as set forth in Section A(s) above.
4. If two (2) or more bargaining unit members have the same seniority, the following procedure will be used at the time of layoff to workdetermine who is laid off:
a. If one (1) bargaining unit member has more paid service to the Employer, that bargaining unit member shall remain.
b. If the bargaining unit members remain equal after (a), the bargaining unit member with the most verifiable comparable paid service outside the Employer shall remain.
c. Should more than one (1) bargaining unit member still share the same date of hire, relative rankings on the seniority list shall be determined by a drawing conducted by the Superintendent and the Association President.
5. In no case shall a new employee be hired while there are laid off bargaining unit members who are qualified for a vacant or newly created position.
6. The date Employer shall not be obligated to hire a unit member on reduced hours for returning to new work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon or a new job available within the member's classification if the new work or job, combined with the Unionunit member's reduced hours, results in an assignment in excess of eight (8) hours per day or forty (40) hours per week. Failure to return from layoff shall subject The unit member on reduced hours may, however, select between the employee to termination of service.two
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s (a) Seniority for Regular Full‐Time Employees and Regular Part‐Time Employees shall be defined as length of continuous service with the University from the employee’s most recent date Corporation; sick leave, illness, injury, layoff, or approved leave of hire into a Bargaining Unit position. This date will absence shall not be considered the date that the employee begins active pay status in a Bargaining Unit positionas an interruption of such service.
B. An employee’s seniority shall terminate:
1. If (b) In the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or event of layoff, the employee employees within each Division i.e., the Inside Division, the Engineering Division (Public Works Department and Sewer Department) and the Parks and Recreation Division, (Parks Department and Recreation Department), with the least seniority shall be first laid off, provided however, that employees with special skills or qualifications may be terminated effective on retained to fill positions requiring such special skills regardless of length of service. Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University control of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualificationsCorporation, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s Corporation shall notify all Regular Full‐Time Employees and Regular Part‐Time Employees who have completed their probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees period who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall to be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have laid off at least ten (10) working days after prior to the list is prepared and posted in the departments to question the employee’s position on that listeffective date of layoff. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that not had the employee is qualified opportunity to hold. If there is no other classification available, work during the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rightsten (10) days referred to above, the employee shall be paid for those days for which work was not made available. Employees who have been laid off shall be considered recalled to have further displacement rights until work in the reverse order of their layoff from their respective Division provided they are qualified to perform the available work. Alternatively, employees on layoff shall be afforded the first opportunity to work in any other Division, provided however, that the employee would possesses the necessary skills for, and is capable of performing the work which may be subject available. In the event of recall, the Corporation shall send laid‐off employees a registered letter or a telegram forwarded to layoff againthe last address furnished by the laid‐off employee. Employees may choose layoff rather than exercise shall notify the Corporation in writing of their displacement right. Such employees will not be considered intention to have waived their recall rights, nor negatively affect their return to employment rights.
K. An employee’s displacement rights shall be subject to fulfillment within seventy‐two (72) hours of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications delivery of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees notification and shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except report for extraordinary circumstances such as acts of God or hospitalization, the employee shall have work within five (5) days of their written acceptance of recall.
(c) Employees who are laid off after receipt less than one (1) year's service with the Corporation shall retain their seniority for a period of six (6) months, and employees who are laid off after one (1) year of service with the Corporation shall retain their seniority for a period of one (1) year. Employees hired on or after 1992 April 27 shall retain their seniority for a period of six (6) months following a layoff.
(d) Employees who have voluntarily left the service of the fourteen (14) day notice, excluding weekends Corporation or who have been discharged for proper cause shall lose their seniority and holidays, to notify the University in writing be deprived of the employee’s intention to exercise the employee’s displacement any further rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsunder this Collective Agreement.
M. Employees will be recalled to work in reverse order of (e) The Corporation shall provide the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit Union with an up‐to‐date seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be list no less later than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceMarch 31st each year.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the employee’s length of continuous service employment in a bargaining unit position. Seniority will begin with the University from the employee’s most recent last date of hire into a Bargaining Unit position. This date will be considered and shall accrue within the date that the employee begins active pay status classifications listed in a Bargaining Unit positionAppendix A of this Agreement.
B. An employee’s seniority shall terminate:
1. If the employee quitsA bargaining unit member who works in more than one (1) classification shall be entitled to accrue seniority in all such classifications for as long as he works in more than one (1) classification.
2. If A bargaining unit member who changes from one (1) classification to another shall take all of his accrued seniority to the employee retiresnew classification.
3. If Temporary employees shall not establish a date of hire for purposes of accruing seniority in the employee is dischargedbargaining unit.
4. If the employee who has completed the new hire probationary period fails to report to work Part-time bargaining unit members shall accrue seniority as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that if they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailwere employed full time.
5. When A bargaining unit member who has been laid off, whether in full or in part, shall accrue seniority as if he were employed full time.
6. Leaves of absence shall not constitute an employee is assigned out interruption in continuous service. Seniority shall continue to accrue except when the period of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but leave exceeds ninety (90) working days. Seniority shall not be credited with seniority for service outside beyond the Bargaining Unit90th day of an unpaid leave but shall be frozen until the unit member returns to a position within the bargaining unit.
c. Except 7. A probationary bargaining unit member shall have no seniority until the completion of the probationary period at which time seniority shall revert to his first day of work.
8. Seniority shall be lost should the bargaining unit member resign, retire or be discharged.
9. Days worked in non-bargaining unit classifications shall not be used for laid-off employees who are awarded seniority purposes or for establishing a date of hire.
10. Should a bargaining unit member transfer to a non-Bargaining Unit positionbargaining unit position within the Xxxxxxx Public Schools, once an employee has completed the employee’s probation in a non-Bargaining Unit positionseniority shall not continue to accrue; however, the employee relinquishes all forms of Bargaining Unit unit member shall have his seniority and shall be treated accrual frozen until such time as a new employee in the event the employee returns he may return to the bargaining unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit11. The Employer shall prepare, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of maintain and post a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the The seniority list will be reviewed posted in all of the buildings by October 15 each year. A copy of the seniority list and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names subsequent revisions shall be listed alphabetically last name first, first name lastprovided to the Association President.
E. The University will provide B. It is within the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the actionBoard's right to lay off staff and/or reduce or eliminate positions.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts Layoff shall be defined as a reduction in the work force due to minimize seasonal layoffs; an economic necessity, but if there is a seasonal layoff shall not include the temporary or normal reduction during the summer months of employees in Residential Dining Servicessecretaries, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicablelibrary coordinators or general office personnel.
H. Layoffs will take place according 2. Bargaining unit members to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University provided with written notice at least fourteen (14) calendar days in advance prior to the effective date of the said layoff.
3. Except If it becomes necessary for extraordinary circumstances such as acts of God or hospitalizationa layoff, the employee following procedures shall apply:
a. All temporary employees shall be laid off within the affected classification first.
b. Should further reduction be necessary, probationary bargaining unit members shall be laid off within the affected classification unless there is no qualified non-probationary bargaining unit member to perform the work.
c. Should further reduction be necessary, bargaining unit members shall be laid off within classification in accordance with their seniority status with the least senior bargaining unit members to be laid off first.
d. Bargaining unit members whose positions have been eliminated shall be notified of such elimination.
e. Bargaining unit members whose positions have been eliminated or who have been affected by a layoff shall have five (5the right to assume a position in their classification(s) days after receipt of for which they are qualified and which is occupied by the fourteen (14) day notice, excluding weekends and holidays, to notify the University least senior bargaining unit member in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightssaid classification(s).
M. Employees f. Laid off bargaining unit members who are qualified for a vacancy or newly-created position shall be offered such positions before new employees are hired.
4. Should two (2) or more bargaining unit members share the same seniority, the following procedure shall be used at the time of layoff to determine who will be recalled laid off:
a. If one (1) bargaining unit member has more paid service to work in reverse order the District, that bargaining unit member shall remain.
b. If the bargaining unit members remain equal after a., a drawing shall be conducted by the Superintendent and the Association President to determine who shall remain.
5. In the event of a layoff, the layoff procedure specified herein. Employees shall have recall Association and reinstatement the Employer may mutually agree to allow individual bargaining unit members to waive their seniority rights for the period purpose of time equal layoff.
a. A bargaining unit member may at his option, without prejudice to his seniority and other rights under this Agreement, waive his seniority in the length event that the Employer institutes a layoff during the term of their Bargaining Unit this Agreement.
b. Should the bargaining unit member elect to waive his seniority from the date rights, such waiver shall not be construed to be a waiver of the bargaining unit member's right to be recalled from such layoff.
c. If such an agreement is reached, the Individual Agreement Form which is attached to and incorporated into this Agreement as Appendix B shall be completed by the bargaining unit member and filed by the Employer.
6. HoweverBefore the Employer takes official action to reduce or lay off staff, after two years it will provide the affected employeeAssociation with an opportunity to discuss such reduction or layoff.
7. At his option, if interesteda laid off bargaining unit member shall be granted priority status on the substitute list in accordance with his seniority.
8. For purposes of this Agreement, will have qualifications shall be defined as possessing the obligation skills and requirements as listed on the job description.
X. Xxxx off bargaining unit members shall be recalled in order of seniority, with the most senior being recalled first, to monitor job availabilities by utilizing employment resources available through University Human Resourcesany position within her classification for which she is qualified.
1. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice Notices of recall to an employee shall be made sent by hand delivery, certified or certified mail, or by other carrier using return receipt, registered mail to the last known address of such employeeas shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work.
2. A copy recalled bargaining unit member shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three given five (35) working days from receipt of notice to report to work unless an extension is granted by the Board.
3. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work, provided the unit member reports within the above five (5) day period.
4. Bargaining unit members who are offered a position equivalent to that occupied on the effective date of layoff are obligated to accept such work. A bargaining unit member who declines recall to equivalent work for which she is qualified shall forfeit her seniority and employment rights under this Agreement.
5. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his current mailing address.
6. The recall list shall be maintained by the Employer for a period not to exceed two (2) years from the date of receipt of notice of his/layoff. A bargaining unit member who is laid off for more than two (2) years shall lose her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceseniority rights and all other rights under this Agreement.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Section 1. Seniority shall be achieved following completion of the employee’s length of continuous service with the University 's probationary period calculated from the employee’s most recent date of hire into a Bargaining Unit positionhire. This date Accrual of vacation leave will be considered based upon years of service for the date that the employee begins active pay status in a Bargaining Unit positionGladstone Police Department.
B. An employee’s seniority shall terminate:
1. If the employee quits.
Section 2. If the employee retires.
3. If the employee Seniority shall be terminated if an employee: quits, is discharged.
4. If the employee who has completed the new hire probationary period , is laid- off and fails to respond to written notice as provided herein, fails to report to work as scheduled at the termination of a leave of absence, or fails is retired.
Section 3. The City shall post a seniority list on the work-schedule bulletin board in January each year and provide a copy of the list to report after any authorized absence or the Association at the time of the January posting.
Section 4. If the City should reduce its work force, layoffs shall be made within each job classification on the following basis: Employees will be laid off in inverse order of seniority within their classification. For purposes of determining order of layoff within a classification, seniority shall be based on continuous service, within that classification. Where employees have the same date of hire, seniority will be determined by time of hire.
Section 5. An employee notified of layoff may either accept the layoff, or at the employee's option, elect to displace the least senior employee may be terminated effective on in a lower classification with a lower pay range as long as the 7th day following the date of mailing a letter from the University advising the bumping employee that they may be terminated if the employee does not advise the University has greater seniority as defined in Section 1 and is fully qualified to perform all aspects of the employee’s intention to report to work as scheduledjob. The letter shall be mailed via certified and regular U.S. Mail.
5. When An employee who displaces an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as classification with a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments lower salary range for the purpose of this Article avoiding layoff shall be paid at the corresponding rate for the new job. If the employee's salary is above the top of the lower range, the employee will move to the top of the lower range. Employees laid off for a period of twenty-four (24) months or who decline recall lose all seniority credits and shall be removed from the recall list. Employees recalled within twenty-four (24) months of their date of layoff shall be recalled to their prior classification or a classification with a lower pay range for which they are defined in Article 16 - Classifications.
D. qualified, on a seniority basis. No new employees shall be hired for a classification until employees laid off from that classification have been notified of an offer to return to work and have accepted and/or declined the offer. The University will provide City shall notify a laid off employee, who is still on the Union with three (3) copies recall list, of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received opening within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) their prior classification or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in with a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right lower pay range by certified letter, return receipt requested, to displace another employee with less University Seniority their address of record maintained in the same classification throughout the Universityemployee's personnel file. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights It shall be subject the employee's responsibility to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position ensure that their current address is on file at the end of 30 days, time the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoffoccurs. Except for extraordinary circumstances such as acts of God or hospitalization, the The employee shall have five (5) days after receipt from receipt, or return by the post office, of the fourteen (14) day such notice, excluding weekends and holidays, to notify the University City in writing of the employee’s intention their intent to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three fifteen (315) working days of the date of receipt of such notice. If the employee fails to so respond to a recall notice of his/her intention within the time herein specified, all rights to return to work. The date for returning to work recall shall be no less than seven (7) calendar days from date terminated. A refusal of notice received unless mutually agreed upon with the Union. Failure to return from recall of one's former classification shall constitute voluntary termination and such employee shall lose their layoff shall subject the employee to termination of servicestatus privileges and their seniority.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the employee’s length of continuous service employment in a bargaining unit position. Seniority will begin with the University from the employee’s most recent last date of hire into a Bargaining Unit position. This date will be considered and shall accrue within the date that the employee begins active pay status classifications listed in a Bargaining Unit positionAppendix A of this Agreement.
B. An employee’s seniority shall terminate:
1. If the employee quitsA bargaining unit member who works in more than one (1) classification shall be entitled to accrue seniority in all such classifications for as long as he works in more than one (1) classification.
2. If A bargaining unit member who changes from one (1) classification to another shall take all of his accrued seniority to the employee retiresnew classification.
3. If Temporary employees shall not establish a date of hire for purposes of accruing seniority in the employee is dischargedbargaining unit.
4. If the employee who has completed the new hire probationary period fails to report to work Part-time bargaining unit members shall accrue seniority as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that if they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailwere employed full time.
5. When A bargaining unit member who has been laid off, whether in full or in part, shall accrue seniority as if he were employed full time.
6. Leaves of absence shall not constitute an employee is assigned out interruption in continuous service. Seniority shall continue to accrue except when the period of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but leave exceeds ninety (90) working days. Seniority shall not be credited with seniority for service outside beyond the Bargaining Unit90th day of an unpaid leave but shall be frozen until the unit member returns to a position within the bargaining unit.
c. Except 7. A probationary bargaining unit member shall have no seniority until the completion of the probationary period at which time seniority shall revert to his first day of work.
8. Seniority shall be lost should the bargaining unit member resign, retire or be discharged.
9. Days worked in non-bargaining unit classifications shall not be used for laid-off employees who are awarded seniority purposes or for establishing a date of hire.
10. Should a bargaining unit member transfer to a non-Bargaining Unit positionbargaining unit position within the Xxxxxxx Public Schools, once an employee has completed the employee’s probation in a non-Bargaining Unit positionseniority shall not continue to accrue; however, the employee relinquishes all forms of Bargaining Unit unit member shall have his seniority and shall be treated accrual frozen until such time as a new employee in the event the employee returns he may return to the bargaining unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit11. The Employer shall prepare, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of maintain and post a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the The seniority list will be reviewed posted in all of the buildings by October 15 each year. A copy of the seniority list and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names subsequent revisions shall be listed alphabetically last name first, first name lastprovided to the Association President.
E. The University will provide B. It is within the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the actionBoard's right to lay off staff and/or reduce or eliminate positions.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts Layoff shall be defined as a reduction in the work force due to minimize seasonal layoffs; an economic necessity, but if there is a seasonal layoff shall not include the temporary or normal reduction during the summer months of employees in Residential Dining Servicessecretaries, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicablelibrary coordinators or general office personnel.
H. Layoffs will take place according 2. Bargaining unit members to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University provided with written notice at least fourteen (14) calendar days in advance prior to the effective date of the said layoff.
3. Except If it becomes necessary for extraordinary circumstances such as acts of God or hospitalizationa layoff, the employee following procedures shall apply:
a. All temporary employees shall be laid off within the affected classification first.
b. Should further reduction be necessary, probationary bargaining unit members shall be laid off within the affected classification unless there is no qualified non-probationary bargaining unit member to perform the work.
c. Should further reduction be necessary, bargaining unit members shall be laid off within classification in accordance with their seniority status with the least senior bargaining unit members to be laid off first.
d. Bargaining unit members whose positions have been eliminated shall be notified of such elimination.
e. Bargaining unit members whose positions have been eliminated or who have been affected by a layoff shall have five (5the right to assume a position in their classification(s) days after receipt of for which they are qualified and which is occupied by the fourteen (14) day notice, excluding weekends and holidays, to notify the University least senior bargaining unit member in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightssaid classification(s).
M. Employees f. Laid off bargaining unit members who are qualified for a vacancy or newly-created position shall be offered such positions before new employees are hired.
4. Should two (2) or more bargaining unit members share the same seniority, the following procedure shall be used at the time of layoff to determine who will be recalled laid off:
a. If one (1) bargaining unit member has more paid service to work in reverse order the District, that bargaining unit member shall remain.
b. If the bargaining unit members remain equal after a., a drawing shall be conducted by the Superintendent and the Association President to determine who shall remain.
5. In the event of a layoff, the layoff procedure specified herein. Employees shall have recall Association and reinstatement the Employer may mutually agree to allow individual bargaining unit members to waive their seniority rights for the period purpose of time equal layoff.
a. A bargaining unit member may at his option, without prejudice to his seniority and other rights under this Agreement, waive his seniority in the length event that the Employer institutes a layoff during the term of their Bargaining Unit this Agreement.
b. Should the bargaining unit member elect to waive his seniority from the date rights, such waiver shall not be construed to be a waiver of the bargaining unit member's right to be recalled from such layoff.
c. If such an agreement is reached, the Individual Agreement Form which is attached to and incorporated into this Agreement as Appendix B shall be completed by the bargaining unit member and filed by the Employer.
6. HoweverBefore the Employer takes official action to reduce or lay off staff, after two years it will provide the affected employeeAssociation with an opportunity to discuss such reduction or layoff.
7. At his option, if interesteda laid off bargaining unit member shall be granted priority status on the substitute list in accordance with his seniority.
8. For purposes of this Agreement, will have qualifications shall be defined as possessing the obligation skills and requirements as listed on the job description.
C. Laid off bargaining unit members shall be recalled in order of seniority, with the most senior being recalled first, to monitor job availabilities by utilizing employment resources available through University Human Resourcesany position within her classification for which she is qualified.
1. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice Notices of recall to an employee shall be made sent by hand delivery, certified or certified mail, or by other carrier using return receipt, registered mail to the last known address of such employeeas shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work.
2. A copy recalled bargaining unit member shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three given five (35) working days from receipt of notice to report to work unless an extension is granted by the Board.
3. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work, provided the unit member reports within the above five (5) day period.
4. Bargaining unit members who are offered a position equivalent to that occupied on the effective date of layoff are obligated to accept such work. A bargaining unit member who declines recall to equivalent work for which she is qualified shall forfeit her seniority and employment rights under this Agreement.
5. It shall be the bargaining unit member's responsibility to keep the Employer notified as to his current mailing address.
D. The recall list shall be maintained by the Employer for a period not to exceed two (2) years from the date of receipt of notice of his/layoff. A bargaining unit member who is laid off for more than two (2) years shall lose her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceseniority rights and all other rights under this Agreement.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the length of unbroken continuous service within the district and within each job classification or major job function of Custodial/Grounds/Maintenance as a member of the bargaining unit. Accumulation of seniority shall begin on the employee’s length of continuous service with first working day. A paid holiday shall be counted as the University from first working day in applicable situations. In the employee’s most recent event that more than one individual employee has the same starting date of hire into a Bargaining Unit position. This date will work, ties on the seniority list shall be considered broken by the date that of the employee begins active pay status in application for work. If a Bargaining Unit positiontie still exists, the position on the seniority list shall be determined by a drawing.
B. An employee’s employee shall lose all seniority shall terminate:
1. If the employee quitsshould he/she: retire, resign, or be discharged for Just Cause.
2. If the C. A new employee retires.
3. If the employee is discharged.
4. If the employee who shall be considered to be probationary until he/she has completed 90 calendar days of service in the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffDistrict. At the District’s discretion, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If period may be extended an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have additional ten (10) working days after the list is prepared and posted in the departments to question the days. The extension of an employee’s position on that listprobationary period shall not be subject to the Grievance Procedure. If no question is received within the time period, the list Probationary employees shall be deemed accurate evaluated twice by their immediate supervisor during their probation. Areas identified by the supervisor as being less than satisfactory must be accompanied by recommendations and suggestions for the remainder employee to improve job performance.
D. Probationary employees shall have no seniority until the completion of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, probationary period at which time their names seniority shall be listed alphabetically last name first, revert to their first name lastday of work.
E. The University All employees shall hold multiple seniority dates. These shall reflect his/her initial date of hire by the District and classification change or permanent change in a major job function of Custodial/Grounds/Maintenance. For the purposes of this provision, all employees shall be placed in one of the following classifications based on their current assignments: Food Service Paraprofessional Custodial/Grounds/Maintenance (Major Job Function Custodial) Custodial/Grounds/Maintenance (Major Job Function Grounds/Maintenance)
F. Employees currently in these classifications will provide be grandfathered and will not be required to pass the Union with a bi-weekly list District’s competency tests for these positions. Employees who transfer to another job classification shall retain seniority in their initial classification or major job function of new hires, terminations, promotions, lateral moves, leaves of absence, Custodial/Grounds/Maintenance and retirements shall begin accruing seniority in the Bargaining Unit. The list will include the name of the employee and new classification from the date of transfer. In the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior event of layoff, any employee so transferred who may be subject to layoff any potential layoffs with the Union in may transfer back to his/her original job classification or major job function of Custodial/Grounds/Maintenance provided either a scheduled labor management meeting. Howeverposition is open, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may a less senior employee can be required to effectively and efficiently operate the University“bumped”.
G. For seasonal layoffs In the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is event of a seasonal layoff of employees necessary reduction in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 dayswork force, the provisions of this Article regarding layoffs Employer shall first lay off probationary employees, and then the least seniored employees within each job classification or major job function in Custodial/Grounds/Maintenance. In no case shall a new employee be employed by the Employer while there are not applicablelaid off employees who are qualified for a vacant or newly created position.
H. Layoffs will take place according Employees whose positions have been eliminated due to seniority and reduction in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in work force or who have been affected by a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first layoff shall have the right to displace another employee with less University Seniority assume a position for which they are qualified, within their own job classification or major job function in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsCustodial/ Grounds/Maintenance.
K. An employee’s displacement rights I. Notice of recall shall be subject sent by certified mail to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously servedindividual’s last known address. If the employee individual does not meet the qualifications report to work within ten (10) work days of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day this notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intentionhe/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation she shall be considered to be fulfilleda voluntary quit.
J. Employees on layoff shall accrue no seniority, but shall have their seniority frozen. The recalled Fringe benefits shall not be provided to any laid off employees.
K. In the event of a reduction in the work hours in a classification or major job function of Custodial/Grounds/Maintenance, an employee must notify may claim seniority over another employee for the University within three (3) working days purpose of the date of receipt of notice of maintaining his/her intention normal work schedule, provided he/she has greater classification seniority than the employee he/she seeks to return replace. In no case shall a reduction of any employee’s work hours take effect until the Employer gives ten (10) work days written notice to workthe affected employee(s).
L. The Employer shall prepare, maintain and post the seniority list. The date for returning to work initial seniority list shall be no less than seven (7) calendar days from date prepared and posted conspicuously in all buildings of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.District within twenty
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status employment in a Bargaining Unit positionclassification (See Appendix A) in the bargaining unit.
B. An employee’s seniority shall terminate:
1. If the employee quitsA bargaining unit member who works in more than one (1) classification shall be entitled to accrue seniority in all such classifications for as long as he works in more than one (1) classification.
2. If Employees who transfer between classifications, shall have their seniority in the employee retiresformer classification frozen.
3. If Only members of the employee is dischargedbargaining unit shall accrue seniority within the unit. Non-bargaining unit employees who perform bargaining unit work as temporary employees, such as supervisors and student employees whether enrolled in a formal work program or not, shall not establish a date of hire for purposes of accruing seniority in the bargaining unit.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may Days worked in non-bargaining unit classifications shall not be terminated effective on the 7th day following the used for establishing a date of mailing a letter from hire or for purposes of accruing seniority in the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailbargaining unit.
5. When an employee is assigned out Should a bargaining unit member transfer to a non-bargaining unit position within the Xxxxxxx Public Schools, seniority shall not continue to accrue; however, the unit member shall have his seniority accrual frozen until such time as he may return to the bargaining unit.
6. Part-time bargaining unit members shall accrue seniority as if they were employed full time.
7. A bargaining unit member who has been laid off, whether in full or in part, shall accrue seniority as if he were employed full time.
8. A probationary bargaining unit member shall have no seniority until the completion of the Bargaining Unit probationary period at which time seniority shall revert to his first day of work.
9. Unpaid leaves of absence granted pursuant to this Agreement shall not constitute an interruption in continuous service.
10. A bargaining unit member shall lose his seniority only for the following provisions will applyreasons:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary periodHe resigns or retires.
b. If an employee leaves He is discharged and the Bargaining Unit to take a non-Bargaining Unit position and returns to discharge is not reversed through the Bargaining Unit for reasons other than those grievance procedure set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unitin this Agreement.
c. Except for laid-off employees who are awarded When the Employer offers him a non-Bargaining Unit position, once an employee has completed position equivalent to that held prior to layoff and he refuses the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unitsame.
d. Once a Bargaining Unit employee is promoted out When the bargaining unit member fails to return from an unpaid leave of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University absence within three (3) working days of the end of said leave.
e. When the bargaining unit member is absent for three (3) consecutive working days without notifying the Employer. Exceptions may be made by the Superintendent.
f. After such absences, as listed in d and e above, the Employer will send written notification to the bargaining unit member at his last known address that he has lost his seniority, and his employment has been terminated. If the disposition made of any such case is not satisfactory, the matter may be referred to the grievance procedure.
g. If the bargaining unit member is continually laid off for a period of two (2) years, the Employer will send written notification to the bargaining unit member at his last known address that he has lost seniority and that his employment has been terminated.
11. The Employer shall prepare, maintain and post the seniority list annually. Posting shall occur by October 15. A copy of the seniority list and subsequent revisions shall be furnished to the Association President.
a. The seniority list shall be by classification and shall include the name and job title of all bargaining unit members entitled to seniority in the bargaining unit.
b. Any errors in the seniority list shall be brought to the attention of management within ten (10) working days of posting.
B. It is within the Employer's right to layoff and eliminate staff.
1. Layoff shall be defined as a reduction in the work force due to economic necessity, but shall not include the temporary reduction of bus drivers and cafeteria help during the summer months.
2. Bargaining unit members to be laid off shall be provided with written notice at least fourteen (14) calendar days prior to the effective date of said layoff. Bargaining unit members whose positions have been eliminated shall be notified of such elimination.
3. In the event of a layoff, the following procedure shall apply:
a. All temporary employees within the affected classification(s) shall be laid off unless there is no qualified bargaining unit member to perform the work.
b. Should further reduction be necessary, probationary bargaining unit members within the affected classification(s) shall be laid off unless there is no qualified, non-probationary unit member to perform the work.
c. Should further reduction be necessary, bargaining unit members shall be laid off in accordance with their seniority status with the least senior bargaining unit members within the classification to be laid off first unless there is no other qualified unit member to perform the work. In the event a bargaining unit member is unable to maintain a position within his/her classification through the procedure set forth in the paragraph immediately above, the bargaining unit member will be assigned to the position held by the least seniored bargaining unit member in another classification in which the displaced bargaining unit member has frozen seniority as set forth in Section A(s) above.
4. If two (2) or more bargaining unit members have the same seniority, the following procedure will be used at the time of layoff to determine who is laid off:
a. If one (1) bargaining unit member has more paid service to the Employer, that bargaining unit member shall remain.
b. If the bargaining unit members remain equal after (a), the bargaining unit member with the most verifiable comparable paid service outside the Employer shall remain.
c. Should more than one (1) bargaining unit member still share the same date of hire, relative rankings on the seniority list shall be determined by a drawing conducted by the Superintendent and the Association President.
5. In no case shall a new employee be hired while there are laid off bargaining unit members who are qualified for a vacant or newly created position.
6. The Employer shall not be obligated to hire a unit member on reduced hours for new work or a new job available within the member's classification if the new work or job, combined with the unit member's reduced hours, results in an assignment in excess of eight (8) hours per day or forty (40) hours per week. The unit member on reduced hours may, however, select between the two (2) jobs.
7. Bargaining unit members whose positions have been eliminated or who have been affected by a total layoff shall have the right to bump into a position within their classification for which they are qualified and which is occupied by the least senior bargaining unit member. A custodian shall also have the option of bumping the least senior bargaining unit member on his shift. In the event a bargaining unit member is unable to retain a position within his/her classification, the bargaining unit member shall be reassigned to a position held by the least seniored bargaining unit member in another classification in which the displaced bargaining unit member has frozen seniority as set forth in Section A(2) above.
8. In the event of a reduction in work hours, a bargaining unit member with greater seniority may use the same to maintain his normal work schedule by bumping into a position within his classification for which he is qualified and which is occupied by the least senior bargaining unit member. A custodian shall also have the option of bumping the least senior bargaining unit member on his shift. In the event a bargaining unit member is unable to retain a position within his/her classification, the bargaining unit member shall be reassigned to a position held by the least seniored bargaining unit member in another classification in which the displaced bargaining unit member has frozen seniority as set forth in Section A (2) above.
9. A bargaining unit member in a "lead" or "head" position shall not be bumped out of a position except by a more senior bargaining unit member who occupies a "lead" or "head" position within the same classification.
a. Head custodians who are more senior shall have the right to displace another head custodian or custodian.
b. Head cooks who are more senior shall have the right to displace another head xxxx or xxxx.
c. Maintenance personnel shall have the right to move into the custodial classification, but custodial personnel shall not have the right to move into the maintenance classification unless the custodian can establish qualifications for moving into the maintenance position.
10. At his option, a laid off bargaining unit member shall be granted priority status on the substitute list in accordance with his seniority.
11. At the Superintendent's discretion, a bargaining unit member threatened with loss of work may transfer to another classification provided he is the most senior qualified bargaining unit member among those to be laid off and/or reduced.
12. In the event of a layoff, the Association and the Employer may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of layoff.
a. A bargaining unit member may, at his option, without prejudice to his seniority and other rights under this Agreement, waive his seniority in the event that the employer institutes a layoff during the term of this Agreement.
b. Should the bargaining unit member elect to waive his seniority rights, such waiver shall not be construed to be a waiver of the bargaining unit member's right to be recalled from such layoff.
c. If such an agreement is reached, the Individual Agreement Form which is attached to and incorporated into this Agreement as Appendix B shall be completed by the bargaining unit member and filed by the Employer.
d. It is understood that a bargaining unit member who elects a voluntary layoff shall be recalled to a position which is equivalent to that occupied prior to the layoff and for which he is qualified as soon as such work is available.
13. For purposes of this Agreement, qualifications shall be defined as possessing the skills required for a job as delineated in the respective job description.
14. Bargaining unit members shall not accrue sick leave or vacation time while on layoff, but shall have all rights restored to them upon recall to employment.
C. Laid off bargaining unit members shall be recalled in order of seniority within classification, with the most senior being recalled first, to any position within classification for which they are qualified.
1. Notice of recall shall be sent by certified or registered mail to the last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work.
2. A recalled bargaining unit member shall be given five (5) working days from receipt of notice of his/her intention to return report to work.
3. The date Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for returning work, provided the unit member reports within the above five (5) day period.
4. Bargaining unit members recalled to work a position for which they are qualified and which equals the number of hours assigned at the time of layoff, are obligated to take such work. A unit member who declines recall to such a position shall forfeit his seniority rights and be terminated.
5. It shall be no less than seven the bargaining unit member's responsibility to keep the Employer notified as to his current mailing address.
6. Should the bargaining unit member fail to respond within ten (710) calendar working days from date receipt of notice received unless mutually agreed upon with the Union. Failure to return from layoff written recall, he shall subject the employee to termination of servicebe considered as having resigned.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be determined on a classification by classification basis and shall be defined as the employee’s length of continuous service with employment in a classification within the University bargaining unit. Seniority shall accrue from the employee’s most recent date first day of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriateparticular classification. If Should two (2) or more employees have bargaining unit members share the same University Seniority datesame, their names first day of work, relative rankings on the seniority list shall be listed alphabetically determined by the bargaining unit member whose last name occurs first, first second, etc. alphabetically. Should a bargaining unit member's last name lastchange during the course of employment, such change shall be noted on the seniority list, but shall not change his/her relative ranking on the seniority list.
E. The University will provide 1. Only members of the Union with bargaining unit shall accrue seniority within the unit. Temporary employees shall not establish a bi-weekly list date of hire for purposes of accruing seniority in the bargaining unit.
2. A bargaining unit member who changes from one classification to another shall have seniority determined as follows:
a. Seniority accrued within the vacated classification shall be retained by the bargaining unit member, but shall not continue to accrue.
b. Seniority in the new hiresclassification shall accrue as of the first day of work in the new classification.
c. Seniority which has accrued to the bargaining unit member as a result of his employment in any classification, terminationsmay be used to claim a position, promotionspursuant to Section C.4.e. of this Article, lateral moveswithin any of said classification(s).
3. A probationary bargaining unit member shall have no seniority until the completion of the probationary period at which time seniority shall revert to his first day of work.
4. A bargaining unit member who has been laid off, whether in full or in part, shall accrue seniority as if he were employed full time.
5. Unpaid leaves of absenceabsence shall not constitute an interruption in continuous employment; however, seniority shall not continue to accrue, but shall be frozen until the unit member returns to a position within the bargaining unit.
6. Days worked in a non-bargaining unit position shall not be used for seniority purposes or for establishing a date of hire within the bargaining unit.
7. Should a bargaining unit member transfer to a non-bargaining unit position with the XxXxxx Public Schools, seniority shall not continue to accrue; however, the unit member shall have his seniority frozen until such time as he may return to the bargaining unit.
8. Seniority shall be lost should the employee resign, retire or be discharged.
B. The Employer shall prepare and retirements maintain the seniority list, a copy of which shall be available electronically by October 15 each year. Notice shall be sent to each bargaining unit member that the list is available for viewing. Should a bargaining unit member disagree with the seniority list, he/she shall have twenty (20) workdays to challenge the seniority list through the Grievance Procedure.
C. It is hereby specifically recognized that it is within the sole discretion of the Board to reduce its staff. The procedures set forth in this Article shall be used in laying off personnel.
1. Layoff shall be defined as a reduction in the Bargaining Unit. The list will work force, but shall not include the name normal and temporary reduction of ten (10) month employees during the employee and the date of the actionsummer months.
F. The University 2. Before the Employer takes official action to reduce or lay off staff, it will continue its efforts notify the Association.
3. Bargaining unit members to avoid layoffs and will discuss be laid off shall be provided with written notice at least thirty ten (3010) days prior to layoff any potential layoffs with the Union in effective date of said layoff.
4. If it becomes necessary for a scheduled labor management meeting. Howeverlayoff, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will procedures shall apply:
1. The University will continue its efforts a. All temporary employees within the classification being reduced shall be laid off first unless there are no qualified probationary or non-probationary bargaining unit members to minimize seasonal layoffs; but if perform the work.
b. Should further reduction be necessary, probationary bargaining unit members within the classification being reduced shall be laid off unless there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, no qualified non- probationary bargaining unit member to perform the provisions of this Article regarding layoffs are not applicablework.
H. Layoffs will take place according to seniority and c. If the reduction of personnel is still necessary, then regular bargaining unit members in accordance with the specific provisions positions being reduced or eliminated, shall be laid off on the basis of seniority; provided another bargaining unit member in the same classification is qualified and available to perform the work. Thereafter, layoffs pursuant to this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs section shall be in a particular classificationinverse order of seniority, departmental classification seriesi.e., and/or segment, and the specifics of each layoff.
I. The University will lay off the employee those with the least University seniority in a the classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is being reduced will be laid off will first first.
d. Bargaining unit members whose positions have been eliminated shall be notified of such elimination.
e. Bargaining unit members whose positions have been eliminated or who have been affected by a layoff shall have the right to displace another employee with less University Seniority the least senior bargaining unit member in an equivalent position for which they are qualified in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any or another classification in which the employee bargaining unit member has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsseniority.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications f. Laid off bargaining unit members who are qualified for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into vacancy in a classification in which they have seniority or a newly created position in a classification in which they have seniority shall be offered such positions before new employees are hired.
g. For purposes of this Agreement, qualifications shall be defined as possessing the employee has not previously served. If skills and requirements as listed on the employee does not meet job description and the qualifications job posting.
D. Recall from layoff status shall be made on the basis of seniority within the position at the end of 30 daysclassification being filled (i.e., the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees more senior bargaining unit member will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. Howeverfirst), after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and senior bargaining unit member lacks the probationary period shall begin anewnecessary qualifications to perform the duties of the vacant position.
1. Notice of recall to an employee shall be made sent by hand delivery, or certified mail, or by other carrier using return receipt, restricted delivery mail addressed to the bargaining unit member's last known address of such employeeas shown on the Employer's records. A copy The recall notice shall state the time and date on which the bargaining unit member is to report for work.
2. It shall be forwarded the bargaining unit member's responsibility to keep the Union. If undeliverable, the University’s obligation shall be considered Employer notified as to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to workcurrent mailing address.
3. The date for returning to work A recalled bargaining unit member shall be no less than have seven (7) calendar days from receipt of notice of recall to make himself/herself available for work unless an extension is granted by the Employer. If after the customary fifteen (15) calendar day U.S. Postal Service waiting period, the notice of recall is returned by the U.S. Postal Service as undeliverable, then the bargaining unit member shall forfeit his/her seniority and employment rights and shall be conclusively deemed to have voluntarily quit.
4. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work provided the unit member reports within the above seven (7) day period.
5. Bargaining unit members who are offered a position equivalent to that occupied at the time of notice of layoff are obligated to accept such work. A bargaining unit member who declines recall to equivalent work for which he is qualified shall forfeit his seniority and employment rights under this Agreement.
6. The recall list shall be maintained by the Employer for a period not to exceed two (2) years from the effective date of notice received unless mutually agreed upon with the Unionlayoff. Failure Thereafter, a bargaining unit member shall lose his right to return from layoff shall subject recall.
E. Equivalent is defined as an employee working a number of hours within one half (1/2) hour more than their previous assignment or the employee to termination same number of servicehours as their previous assignment.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. a) If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. b) If an employee leaves the Bargaining Unit to take a non-non- Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. c) Except for laid-off employees who are awarded a non-non- Bargaining Unit position, once an employee has completed the employee’s probation in a non-non- Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. d) Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. e) This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meetinglayoffs. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen thirty (1430) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen thirty (1430) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights rights. After written notification of the employee’s displacement options, whether contained in the 30-day notice or subsequent notification, the employee shall have one day, excluding weekends and holidays, to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” Section 1. Seniority (TA 10-21-2014) Seniority shall be based on the length of time from the date of beginning continuous full- time employment as a sworn or commissioned firefighter in the Fire District. Seniority shall accumulate during all authorized paid leaves of absence. If more than one person is hired on the same day, conflicts of seniority shall be determined on the basis of the order of the employees on the District’s hiring eligibility list, with the employee higher on the applicable list being more senior. COPY
Section 2. Probationary Period (TA 10-21-2014) All new employees and those hired after loss of seniority shall be considered probationary employees until they have completed a probationary period of twelve (12) months. The District may extend an employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffupon mutual agreement of the District, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unitinvolved, and the employee is later found Union. Time spent in periods of outside training in excess of two weeks, absent from duty, or not to have met served for any reason shall not apply toward satisfaction of the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If , except for paid sick leave. During an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee may be suspended, laid off or terminated without cause at the sole discretion of the Fire District. Such probationary employee shall have no recourse to the grievance procedure or to the Board of Fire Commissioners to contest such a suspension, layoff or termination. Furthermore, there shall be credited no seniority among probationary employees. Upon successful completion of the probationary period, a full-time employee shall acquire seniority which shall be retroactive to his last date of hire with the employee’s prior Fire District in a position covered by this Agreement COPY
Section 3. Seniority List (TA 7-29-2014) The Fire District shall post in January of each year on a bulletin board at each Fire District-owned station a seniority and Bargaining Unit rights but list containing the seniority dates for employees covered by this Agreement. A copy of the seniority list shall not be credited with delivered to the Union President. Any objection to a seniority list shall be reported to the Fire Chief within twenty (20) calendar days after receipt by the Union President or said list shall stand approved for service outside the Bargaining Unitthat year.
c. Except for laidSection 4. Layoffs (TA 6-off employees who are awarded a non18-Bargaining Unit position, once an employee has completed 2015 Proposal) If the employee’s probation in a non-Bargaining Unit positionDistrict decides that it may need to layoff bargaining unit employees, the employee relinquishes all forms District shall notify the Union of Bargaining Unit seniority and that decision. The Union may request to bargain over the decision within ten (10) calendar days of the notice. COPY The parties agree that negotiations over the District’s decision shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out concluded within thirty (30) calendar days of the Bargaining UnitUnion’s demand to bargain. If the parties have not voluntarily resolved their negotiations, the employee does not retain any Bargaining Unit rights parties may request interest arbitration pursuant to Section 14 of the Act, except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee parties agree that the Arbitrator must agree to complete the hearing COPY within thirty (30) days of his appointment and that he will issue an oral decision at the conclusion of the hearing. The parties agree that during the pendency of the interest arbitration proceedings, the District may implement its final offer regarding the issue of layoffs, provided that the District agrees that if the Arbitrator awards a different proposal in interest arbitration the District shall be returned award backpay to his or her prior position.
C. Departments/segments for any affected employees. When a layoff occurs, the purpose of this Article are defined in Article 16 - Classifications.
D. The University District will provide the Union with three (3) copies the names of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments all employees to question the employee’s position on that list. If no question is received within the time period, the list be laid off first; then employees shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and laid off in accordance with the specific provisions applicable provision of this Article covering segments and/or specific classification series within each segmentthe Illinois Fire Protection District Act. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee bargaining unit employees with the least University amount of seniority in a classification the Fire District in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is the affected rank(s) shall be laid off will first have first. Lieutenants shall be permitted to exercise their seniority to bump into the right firefighters’ classification. COPY
Section 5. Recall (TA 10-21-2014) Employees who are laid off pursuant to displace another employee with less University Seniority the above section shall be placed on a recall list for a maximum period of eighteen (18) months following the date of layoff. Employees must maintain all required certifications in the same classification throughout the Universityorder to be recalled into a vacant position. If there is no less senior employee within a recall, employees who are still on the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority recall list shall be recalled as provided in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rightsFire Protection District Act, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights 70 ILCS 705/0.01 et seq.. It shall be subject the responsibility of an employee on the recall list to fulfillment of qualifications for provide the positionFire District with an address to which a recall notice can be sent. Qualifications shall be determined by Any employee who declines a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God under this Section or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, who fails to notify the University in writing Fire District of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention his intent to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.within fourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is (Continued)
b. If no jobs are available in the same classification with the same or similar hours, a secretary (or secretaries) may bump the secretary (or secretaries) of lowest seniority in a lower classification with the same or similar hours.
c. If no jobs are available in the same classification with the same or similar hours, and no jobs are available in a lower classification with the same or similar hours, then a displaced secretary (or secretaries) may bump the secretary (or secretaries) with the lowest seniority in the same classification with less hours.
1. A secretary that bumps into another position shall serve a thirty (30) school day trial period. At the end of the first fifteen (15) school days, the immediate supervisor will inform the superintendent or his/her designee, the employee concerned and the Association, by letter, whether the employee's work has been satisfactory or unsatisfactory. In the event the employee’s length of continuous service with the University from work is deemed unsatisfactory, the employee’s most recent date of hire into , Association representative and immediate supervisor will sit down and create a Bargaining Unit positioncorrective plan. This date will be considered If, at the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University end of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary thirty (30) school day period, the employee shall employee's work has been unsatisfactory, he/she will be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation notified in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out writing of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have impending layoff no less than ten (10) working work days after prior to the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the effective date of the actionlayoff.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty L) Within five (305) school or working days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. Howeverof receipt of written notification of impending displacement, the University and secretary will indicate in writing to the Union recognize that due to lack Director of funds or lack Personnel either of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will applyfollowing:
1. The University will continue its efforts decision to minimize seasonal layoffsexercise the bumping process and the position they are eligible to assume; but if there or
2. The decision to forfeit the bumping process, accept the layoff and retain recall rights until such time as recall is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 dayseffected or the secretary terminates the employment relationship with the District. In the event the employee exercises this option, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according District shall report to any inquiring agency, that the employee has invoked his/her contractual rights to a seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. 3. In order to accommodate the various employee work schedules, the parties agree that an employee affected by the bumping process need not be working in order to be accorded the above notification and bumping period.
M) When a layoff, displacement or reduction in the bargaining unit occurs, the Board agrees not to assign the work of those affected positions to co-op students, para-professionals, or non-bargaining unit members as long as a qualified member of the bargaining unit remains on layoff. All FERPA regulations must be followed.
N) Request for Placement into Higher Classification. During a period when secretaries are being notified of layoff and if no jobs are available for secretaries eligible to bump into the same or lower classifications, a secretary may request consideration for placement into a position occupied by the lowest seniority secretary in a higher classification. The University Administration has complete discretion as to whether the requesting secretary will lay off be granted the employee requested position. The Administration's decision will be non- grievable and will be final and binding.
O) Recall from layoff shall be made in the reverse order of layoff within classification or lower classification. Employee shall retain recall rights for a period of three (3) years unless they terminate their employment relationship with the least University seniority in District earlier. Recall or bumping into a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the less-than-full-time position or lower classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of be waived by a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees and will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with position on the Union. Failure to return from layoff shall subject the employee to termination of servicerecall list.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s 6.1 Within each bargaining unit, seniority shall be defined as length of continuous service with the University from University, except as otherwise specified in the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit positionContract.
B. An employee’s seniority 6.2 New employees shall terminate:
1serve a ninety (90) day probationary period, which may be extended up to an additional ninety (90) days by mutual agreement of the parties. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire During this probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffperiod, the employee may be terminated effective on discharged without recourse to the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University grievance procedure. Upon completion of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with considered permanent and placed on the seniority list retroactive to his/her date of hire.
A. An employee shall lose seniority standing upon voluntary resignation from employment or discharge for just cause. An employee’s prior 's seniority and Bargaining Unit rights but shall not be credited with terminated because of authorized leave of absence or layoffs unless such period of absence exceeds one (1) year. An employee who resigns and is reinstated within one (1) year shall receive credit for all seniority for service outside accrued up to the Bargaining Unittime of separation.
c. Except for laid-off B. When a vacancy occurs in custodial services, seniority shall control the choice of assignment among employees on that shift.
6.3 If a layoff in any classification is necessary or a position is to be eliminated, the University shall notify the Union and the affected employees immediately. The University and representatives from the Union will meet to determine the options available to the affected employees and other employees who are awarded a non-Bargaining Unit position, once an employee has completed would be affected by the employee’s probation in a non-Bargaining Unit position, bumping process. All affected employees will be allowed to exercise the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those options listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. below. The University will provide and the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have will attempt to complete this process within ten (10) working days after days. After the list bumping process is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.completed the
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. A. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. shall be awarded any vacant position for which he/she is qualified.
B. If there is no less senior employee within the classification, such vacant position the employee may displace a less senior bump the junior employee doing the similar type work in any classification at the same or lower pay grade, provided he/she has sufficient seniority.
6.4 Employees who are laid off shall be eligible for recall for one (1) year. They shall be recalled to vacancies existing anywhere in the Bargaining Unit for which they are qualified with the senior qualified employee being the first to be recalled. Failure to respond within five (5) working days to a recall or to be available to begin work within two (2) weeks following notice by certified mail shall disqualify the employee has previously served, or an equivalent or lower classification that the employee is qualified for claim to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications Notice shall be determined by a thirty-day probationary period if considered given when mailed to the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff last address received in writing by the University at least fourteen (14) calendar days in advance of Human Resources Office from the layoffemployee. Except for extraordinary circumstances such as acts of God or hospitalization, the The employee shall have five (5) days after receipt be responsible for keeping the Human Resources Office informed of the fourteen (14) day notice, excluding weekends and holidays, to notify the University any changes in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsaddress.
M. Employees will A. Unemployment compensation coverage shall be recalled provided for all employees as may be determined under prevailing federal laws by the appropriate State authority.
6.5 An employee who exercises bumping rights to work in reverse order of the layoff procedure specified herein. Employees another position shall have recall and reinstatement rights for the period of time equal to the length of retain their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. salary.
6.6 An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice given notice of recall to an employee lay-off shall be made by hand delivery, given the option to leave vacation and sick leave on the books for up to one year or certified mail, or by other carrier using return receipt, to receive payment for vacation at the last known address time of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of servicelay-off.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is All new employees working for the employee’s length of continuous service with school system in positions covered by the University from the employee’s most recent date of hire into Association shall serve a Bargaining Unit positionninety (90) working day probationary period. This date will During this period, he/she may be considered the date discharged without further recourse, provided, however, that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1Board may not discharge or discipline for the purpose of evading this Agreement or discriminating against Association members. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University Upon successful completion of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited placed on the regular seniority list as of the first day worked. In case of discipline within the ninety (90) working day probationary period, the Board shall notify the Association in writing as soon as possible.
B. An additional thirty (30) working day probationary period may be required by the Board, where a question remains whether the employee is to be granted permanent status, and then only after discussion with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining UnitAssociation.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation C. Seniority shall be defined as length of continuous service in a non-Bargaining Unit position, regular bargaining unit position and department. Seniority shall begin on the employee relinquishes all forms first full day of Bargaining Unit seniority work and shall be treated credited as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out such upon successful completion of the Bargaining Unitprobationary period. In the circumstances of date of hire of more than one individual beginning employment on the same date, a drawing will be conducted to determine position on the employee does not retain seniority list. Should there be any Bargaining Unit rights except those listed above (i.e., employees holding the same seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that date within the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose same classification upon ratification of this Article are defined in Article 16 - ClassificationsAgreement, a drawing will be conducted as outlined above within ten (10) days following ratification to determine seniority for those employees.
D. The University will provide the Union with three (3) copies of Board shall post a seniority list on March 1, and September 1, no later than October 1st of each year showing the year. This list shall be arranged in order of departmental seniority and shall show each employee’s department seniority and District seniority. Said list shall be posted in a conspicuous location at each place of employment. The local Association President shall receive a copy of each employee seniority list published. The seniority list shall contain the name, last date hired in the Bargaining Unit by University Seniority. Any district, last date hired in the department and seniority ranking within each department.
E. An employee shall have lose his/her seniority rights if he/she retires, resigns, is discharged for just cause, fails to notify the district of their intent to return to work within ten (10) working days after the list following receipt of a written recall to employment while on layoff, or is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate laid off for the remainder a period of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If more than two (2) years. It is expressly understood that seniority is not lost during an unpaid leave of absence or more employees have the same University Seniority datea period of layoff, their names nor shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements it accumulate during that time. Employees currently in the Bargaining Unit. The list will include bargaining unit shall not have their seniority dates adjusted due to this above language for actions prior to the name ratification of the employee and the date of the actionthis Agreement.
F. The University will continue its efforts to avoid layoffs and will discuss In the event of a layoff, the Association shall be notified at least thirty fifteen (3015) working days prior to layoff any potential layoffs with the Union staff reduction, except in a scheduled labor management meetingcases of emergency. HoweverEmployees to be laid off shall be so notified, the University and the Union recognize that due in writing, at least fifteen (15) working days prior to lack their release, except in cases of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the Universityemergency.
G. For seasonal layoffs District seniority shall prevail in the following provisions will apply:
1lay-off and recalling of employees. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff In reducing the work force because of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility lack of less than 120 dayswork or other legitimate causes, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with last employee hired shall be the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segmentfirst employee laid off, and the specifics of each layoff.
I. The University will lay off the last employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will shall be the first employee recalled, provided that further, said employee meets all employment conditions originally required at the time of hire. In the laying off and recalling of laid-off personnel, the work performed by said employee shall be considered as a determining factor. If all employees within an affected department have satisfied their right to bump and there remains a vacancy, employees from other departments by seniority, shall have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classificationbump into that vacancy, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsif qualified.
K. An employee’s displacement rights H. Laid off employees shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen given ten (1410) calendar working days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length district of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention intent to return to work. The date for returning to work recall notice shall be mailed to his/her last known address by certified mail. If the employee fails to notify the district of their intent to return within the ten (10) working day period, he/she shall be considered as voluntarily resigning from the school system and shall lose all rights and benefits. During the recall period specified above, the Board shall have the right to assign a temporary employee to fill the open position.
I. If the Board determines to reduce the working hours of an employee by two (2) hours per day or more, a fifteen (15) working day notice shall be provided before the new schedule is effective. Said employee may bump into a like position for which he/she is qualified, to retain his/her hours. (i.e., part time for part time, regular run for regular run, third run for third run, etc.)
J. In any situation involving the bumping process, no less employee shall have more than seven thirty (730) calendar days from date of notice received unless mutually agreed upon with the Union. Failure in which to return from layoff shall subject the employee to termination of serviceexercise his/her bumping rights.
Appears in 1 contract
Samples: Master Contract
SENIORITY, LAYOFF AND RECALL. A. “University seniority” a) System seniority is the employee’s length of continuous service in the Transit Branch.
b) Classification seniority is the length of continuous service in the classification of employment in which the employee is engaged.
c) The parties in this Agreement agree to the principle of "last on, first off" and "last off, first on" in the event of a layoff in the Transit Branch. Employees given notice of layoff shall have the right to exercise bumping rights in formerly-held classifications or alternatively to accept the layoff and exercise their right to recall by seniority. Employees who have worked and established seniority in previously- held classifications shall have the seniority earned in such classifications retained for the purpose of "bumping" to avoid layoff, as per the following example: Serviceman - 3 years Utilityman - 2 years The Junior Journeyman may, therefore, exercise bumping rights in the Serviceman Classification if there is a Serviceman who has less than three (3) years’ seniority. If all of the Servicemen have more than three (3) years’ seniority, the Junior Journeyman may exercise bumping rights in the Utilityman Classification if there is a Utilityman who has less than two (2) years’ seniority. If all of the Utilitymen have more than two (2) years’ seniority, the Junior Journeyman will take the layoff, as he/she has exhausted bumping rights. It is agreed that laid-off employees shall provide the Transit Branch with their current address and telephone number in order to retain recall rights. Employees laid off shall have the University right to refuse a recall for a "temporary" position or to a position in a classification in which they previously earned seniority, and will not lose their rights as outlined in this subclause by refusing same. Employees who fail to report for duty within fourteen (14) days of notice of receipt of recall to the classification, from the employee’s most recent date of hire into a Bargaining Unit positionwhich they were laid off, will be deemed to have terminated their employment.
d) Upon successful recall to employment after layoff, all previously unexpended benefits will be reinstated. This date will be considered provision shall only apply when the date that the employee begins active pay status in layoff is for a Bargaining Unit positionperiod of less than three (3) years.
B. An employee’s e) ACCESS TRANSIT employees shall have part time or full time classification seniority shall terminatefrom start date. Classifications being: - Full time Operator - Part time Operator - Full time Booking and Scheduling Clerk - Part time Booking and Scheduling Layoff and Recall procedure:
1. If the employee quitsPart Time ACCESS TRANSIT employees shall have a reduction of hours up to and including lay off (with last on/first off rights).
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee Full Time ACCESS TRANSIT employees may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention reduced to report to work as scheduledpart time. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.Revised
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” Seniority is defined as the employee’s length of continuous the service with of the University from employee within a classification. All Employer responsibility to the employee’s most recent date employee on the basis of hire into a Bargaining Unit positionseniority is as hereinafter set forth. This date Seniority accrual will be considered within the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminatefollowing distinctive classifications:
1. Teacher assistants
2. Title I teaching assistants
3. Playground/teacher assistants
4. Lunchroom supervision assistants
5. Media center assistants
6. Pre-school assistants
7. LRE assistants 8. GSRP assistants
B. Newly hired employees shall be regarded as probationary employees until they have satisfactorily completed a sixty (60) work day probationary period of employment within a classification. If at any time prior to the completion of the sixty (60) work day probationary period of employment the employee's work performance is unsatisfactory to the Employer, the employee may be discharged by the Employer during this period without appeal by the Union. There shall be no further responsibility for the reemployment of such probationary employees if they are laid off during this period.
C. In order to acquire or accumulate seniority within a classification, the employee assigned to the classification must work sixty (60) working days of employment, uninterrupted by layoff or leave of absence. In the event a probationary employee is temporarily laid off and reinstated, or in the event such employee is absent on scheduled work days, said employee shall work additional days equal to the number of days that the employee was absent. Such employees shall not have completed their probationary period until these additional days have been worked. Upon satisfactory completion of the probationary period for a new hire, the employee's seniority date within that classification and bargaining unit shall be established as of the employee's first working day.
D. In the event that two or more employees satisfactorily complete their probationary period within a classification on the same date, their seniority shall be determined by adding the last four digits of the affected employee's social security number. The highest combination of the last four digits shall result in that employee having the higher seniority.
E. Seniority lists shall be established and maintained by the Employer and made available to the Union designee no later than the fourth Friday of each school year. Any objections must be submitted in writing within seven work days from the Union designee's receipt of such list. Thereafter, the seniority list shall be considered final and accurate and the District shall incur no liability for relying upon the accuracy of the seniority list.
F. An employee shall be terminated and lose his/her seniority within all classifications if:
1. The employee quits.
2. If The employee is discharged and not reinstated through the employee retiresgrievance procedure.
3. If the The employee is dischargedabsent for three (3) consecutive working days without prior approval or authorization for a leave of absence.
4. If the The employee who has completed the new hire probationary period fails to report to for work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective upon written notice of recall from layoff on the 7th first scheduled work day following the date of mailing a letter from the University advising layoff, unless the employee that they may be terminated if notified the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University supervisor within three (3) working days of the date of receipt of notice recall notice, exclusive of his/her intention days when no mail deliveries are made, that the employee is unable to return report on that day but established a reporting date within ten (10) working days following receipt of the recall notice.
5. The employee fails to report for work on the first regularly scheduled work day in which the employee is scheduled to report back to work, following a leave of absence, or fails to secure an approved extension of a leave of absence.
6. The date employee falsifies personnel records, medical history, criminal record, or falsifies the reason for returning a leave of absence.
7. The employee is employed elsewhere during a leave of absence without the knowledge of the Employer.
8. The employee is laid off for a period one (1) year, or the length of time equal to the employee's years of service but not to exceed three (3) years, whichever is greater.
9. The laid off employee is offered and refuses a position within the bargaining unit of substantially equivalent hours and rate of pay; with the exception of L.R.E. Aides.
G. Should a continued enforced absence, such as sickness, require an employee to be absent from his work over an extended period of time, the following considerations shall be applied:
1. Seniority shall continue to accumulate for up to 12 working months.
2. After one (1) year of continued absence, except in the event of a worker’s compensation injury or illness in which case it will be after two (2) years, the position of the absent employee shall be filled permanently.
3. The seniority of an individual involved in an enforced and prolonged absence shall be continued provided he/she returns to work within a period of twelve (12) working months, except that in no event shall be no less than seven (7) calendar days from date this apply where the length of notice received unless mutually agreed upon with absence exceeds seniority accumulated at the Union. Failure to return from layoff shall subject the employee to termination of servicetime such absence began.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s 6.1 Within each Bargaining Unit, seniority shall be defined as length of continuous service with the University from University, except as otherwise specified in the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit positioncontract.
B. An employee’s seniority 6.2 New employees shall terminate:
1serve a ninety (90) day probationary period, which may be extended up to an additional ninety (90) days by mutual agreement of the parties. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire During this probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffperiod, the employee may be terminated effective on discharged without a specific cause, reason or recourse to the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University grievance procedure. Upon completion of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with considered permanent and placed on the seniority list retroactive to his/her date of hire.
A. An employee shall lose seniority standing upon voluntary resignation from employment or discharge for just cause. An employee’s prior seniority and Bargaining Unit rights but shall not be credited with terminated because of authorized leave of absence or layoffs unless such period of absence exceeds one (1) year. An employee who resigns and is reinstated within one (1) year shall receive credit for all seniority for service outside accrued up to the Bargaining Unittime of separation.
c. Except for laid-off 6.3 If a layoff in any classification is necessary or a position is to be eliminated, the University shall notify the Union and the affected employees immediately. The University and representatives from the Union will meet to determine the options available to the affected employees and other employees who are awarded a non-Bargaining Unit positionwould be affected, once an employee has completed by the employee’s probation in a non-Bargaining Unit position, bumping process. All affected employees will be allowed to exercise the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those options listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. below. The University will provide and the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have will attempt to complete this process within ten (10) working days after days. After the list bumping process is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time periodcompleted, the list employee to be laid off will be given at least ten (10) days notice by the University. Probationary employees shall be deemed accurate for the remainder of the posting period; laid off before any permanent employees. Employees who are hired in a training program and if while in such a question is receivedtrainee status, the list will be reviewed and revised as appropriateshall not bump employees who are not in a training program. If two (2) or more Permanent employees have the same University Seniority date, who transfer into a training program retain bumping rights in their names shall be listed alphabetically last name first, first name lastformer classification.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. A. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. shall be awarded any vacant position for –which he/she is qualified.
B. If there is no less senior employee within the classification, such vacant position the employee may displace a less senior employee bump the junior employee-doing the similar type work in any classification at the same or lower pay grade, provided he/she has sufficient seniority.
6.4 Employees who are laid off shall be eligible for recall for one (1) year. They shall be recalled to vacancies existing anywhere in the Bargaining Unit for which they are qualified with the senior qualified employee being the first to be recalled. Failure to respond within five (5) working days to a recall or to be available to begin work within two (2) weeks following notice by certified mail shall disqualify the employee has previously served, or an equivalent or lower classification that the employee is qualified for claim to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications Notice shall be determined by a thirty-day probationary period if considered given when mailed to the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff last address received in writing by the University at least fourteen (14) calendar days in advance Office of Human Resources from the layoffemployee. Except for extraordinary circumstances such as acts of God or hospitalization, the The employee shall have five (5) days after receipt be responsible for keeping the Office of the fourteen (14) day notice, excluding weekends and holidays, to notify the University Human Resources informed of any changes in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsaddress.
M. Employees will A. Unemployment compensation coverage shall be recalled provided for all employees as may be determined under prevailing federal laws by the appropriate State authority.
6.5 An employee who exercises bumping rights to work in reverse order of the layoff procedure specified herein. Employees another position shall have recall and reinstatement rights for the period of time equal to the length of retain their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. salary.
6.6 An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice given notice of recall to an employee lay-off shall be made by hand delivery, given the option to leave vacation and sick leave on the books for up to one year or certified mail, or by other carrier using return receipt, to receive payment for vacation at the last known address time of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of servicelay-off.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s (a) Seniority for Regular Full−Time Employees and Regular Part−Time Employees shall be defined as length of continuous service with the University from the employee’s most recent date Corporation; sick leave, illness, injury, layoff, or approved leave of hire into a Bargaining Unit position. This date will absence shall not be considered the date that the employee begins active pay status in a Bargaining Unit positionas an interruption of such service.
B. An employee’s seniority shall terminate:
1. If (b) In the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or event of layoff, the employee employees within each Division i.e., the Inside Division, the Engineering Division (Public Works Department and Sewer Department) and the Parks and Recreation Division, (Parks Department and Recreation Department), with the least seniority shall be first laid off, provided however, that employees with special skills or qualifications may be terminated effective on retained to fill positions requiring such special skills regardless of length of service. Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University control of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualificationsCorporation, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s Corporation shall notify all Regular Full−Time Employees and Regular Part−Time Employees who have completed their probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees period who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall to be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have laid off at least ten (10) working days after prior to the list is prepared and posted in the departments to question the employee’s position on that listeffective date of layoff. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that not had the employee is qualified opportunity to hold. If there is no other classification available, work during the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rightsten (10) days referred to above, the employee shall be paid for those days for which work was not made available. Employees who have been laid off shall be considered recalled to have further displacement rights until work in the reverse order of their layoff from their respective Division provided they are qualified to perform the available work. Alternatively, employees on layoff shall be afforded the first opportunity to work in any other Division, provided however, that the employee would possesses the necessary skills for, and is capable of performing the work which may be subject available. In the event of recall, the Corporation shall send laid−off employees a registered letter or a telegram forwarded to layoff againthe last address furnished by the laid−off employee. Employees may choose layoff rather than exercise shall notify the Corporation in writing of their displacement right. Such employees will not be considered intention to have waived their recall rights, nor negatively affect their return to employment rights.
K. An employee’s displacement rights shall be subject to fulfillment within seventy−two (72) hours of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications delivery of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees notification and shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except report for extraordinary circumstances such as acts of God or hospitalization, the employee shall have work within five (5) days of their written acceptance of recall.
(c) Employees who are laid off after receipt less than one (1) year's service with the Corporation shall retain their seniority for a period of six (6) months, and employees who are laid off after one (1) year of service with the Corporation shall retain their seniority for a period of one (1) year. Employees hired on or after 1992 April 27 shall retain their seniority for a period of six (6) months following a layoff.
(d) Employees who have voluntarily left the service of the fourteen (14) day notice, excluding weekends Corporation or who have been discharged for proper cause shall lose their seniority and holidays, to notify the University in writing be deprived of the employee’s intention to exercise the employee’s displacement any further rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsunder this Collective Agreement.
M. Employees will be recalled to work in reverse order of (e) The Corporation shall provide the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit Union with an up−to−date seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be list no less later than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceMarch 31st each year.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the length of unbroken continuous service within the district and within each job classification or major job function of Custodial/Grounds/Maintenance as a member of the bargaining unit. Accumulation of seniority shall begin on the employee’s length of continuous service with first working day. A paid holiday shall be counted as the University from first working day in applicable situations. In the employee’s most recent event that more than one individual employee has the same starting date of hire into a Bargaining Unit position. This date will work, ties on the seniority list shall be considered broken by the date that of the employee begins active pay status in application for work. If a Bargaining Unit positiontie still exists, the position on the seniority list shall be determined by a drawing.
B. An employee’s employee shall lose all seniority shall terminate:
1. If the employee quitsshould he/she: retire, resign, or be discharged for Just Cause.
2. If the C. A new employee retires.
3. If the employee is discharged.
4. If the employee who shall be considered to be probationary until he/she has completed 90 calendar days of service in the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffDistrict. At the District’s discretion, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If period may be extended an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have additional ten (10) working days after the list is prepared and posted in the departments to question the days. The extension of an employee’s position on that listprobationary period shall not be subject to the Grievance Procedure. If no question is received within the time period, the list Probationary employees shall be deemed accurate evaluated twice by their immediate supervisor during their probation. Areas identified by the supervisor as being less than satisfactory must be accompanied by recommendations and suggestions for the remainder employee to improve job performance.
D. Probationary employees shall have no seniority until the completion of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, probationary period at which time their names seniority shall be listed alphabetically last name first, revert to their first name lastday of work.
E. The University All employees shall hold multiple seniority dates. These shall reflect his/her initial date of hire by the District and classification change or permanent change in a major job function of Custodial/Grounds/Maintenance. For the purposes of this provision, all employees shall be placed in one of the following classifications based on their current assignments: Bus Driver Lead Mechanic Bus Attendant Mechanic Food Service Paraprofessional Food and Mail Service Drive Custodial/Grounds/Maintenance (Major Job Function Custodial) Custodial/Grounds/Maintenance (Major Job Function Grounds/Maintenance)
F. Employees currently in these classifications will provide be grandfathered and will not be required to pass the Union with a bi-weekly list District’s competency tests for these positions. Employees who transfer to another job classification shall retain seniority in their initial classification or major job function of new hires, terminations, promotions, lateral moves, leaves of absence, Custodial/Grounds/Maintenance and retirements shall begin accruing seniority in the Bargaining Unit. The list will include the name of the employee and new classification from the date of transfer. In the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior event of layoff, any employee so transferred who may be subject to layoff any potential layoffs with the Union in may transfer back to his/her original job classification or major job function of Custodial/Grounds/Maintenance provided either a scheduled labor management meeting. Howeverposition is open, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may a less senior employee can be required to effectively and efficiently operate the University“bumped”.
G. For seasonal layoffs In the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is event of a seasonal layoff of employees necessary reduction in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 dayswork force, the provisions of this Article regarding layoffs Employer shall first lay off probationary employees, and then the least seniored employees within each job classification or major job function in Custodial/Grounds/Maintenance. In no case shall a new employee be employed by the Employer while there are not applicablelaid off employees who are qualified for a vacant or newly created position.
H. Layoffs will take place according Employees whose positions have been eliminated due to seniority and reduction in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in work force or who have been affected by a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first layoff shall have the right to displace another employee with less University Seniority assume a position for which they are qualified, within their own job classification or major job function in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsCustodial/ Grounds/Maintenance.
K. An employee’s displacement rights I. Notice of recall shall be subject sent by certified mail to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously servedindividual’s last known address. If the employee individual does not meet the qualifications report to work within ten (10) work days of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day this notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intentionhe/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation she shall be considered to be fulfilleda voluntary quit.
J. Employees on layoff shall accrue no seniority, but shall have their seniority frozen. The recalled Fringe benefits shall not be provided to any laid off employees.
K. In the event of a reduction in the work hours in a classification or major job function of Custodial/Grounds/Maintenance except bus drivers, an employee must notify may claim seniority over another employee for the University within three (3) working days purpose of the date of receipt of notice of maintaining his/her intention normal work schedule, provided he/she has greater classification seniority than the employee he/she seeks to return replace. In no case shall a reduction of any employee’s work hours take effect until the Employer gives ten (10) work days written notice to workthe affected employee(s).
L. The Employer shall prepare, maintain and post the seniority list. The date for returning to work initial seniority list shall be no less than seven (7) calendar days from date prepared and posted conspicuously in all buildings of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.District within twenty
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Before the employee’s length Board makes any reduction of continuous service staff, it will first consult with the University from Association regarding the employee’s most recent date effects of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit positionsuch reduction.
B. An employee’s seniority shall terminateShould it become necessary to reduce staff, the following procedure will be used:
1. If Seniority shall be defined as non-terminated years of teaching in Montrose from the employee quitsfirst day of work.
a. Seniority shall be granted in increments of 1/2 year. Half or more of days worked in any semester shall result in 1/2 year credit.
b. Paid leave days shall be considered workdays.
c. Teachers working less than a full day shall receive seniority on the basis of 1/2 year credit for each 450 hours or major fraction taught.
d. Any bargaining unit member who becomes an administrator shall have their seniority credits frozen.
e. Any administrator who shall move to a bargaining unit position, and has no frozen seniority, shall be given seniority credit at the next highest increment above any probationary teacher.
f. Only the following leaves will accrue seniority: Voluntary staff reduction, sabbatical and disability. All other leaves are excluded from seniority accumulation.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off Probationary employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off first, according to their seniority, with recall rightsthe lowest seniority teacher to be laid off first provided there are teachers in the district certified to perform the services of those probationary teachers. When seniority within certification is equal, the Board will consider in this order:
a. First day of work.
L. Employees shall x. Xxxxxx, minors and North Central Standards
c. Evaluations
3. In the event tenure teachers must be notified laid off, said layoff will be on the basis of layoff district seniority with the lowest seniority teachers to be laid off first provided there are teachers in writing by the University at least fourteen (14) calendar days in advance district certified to perform the duties of the layoffteacher to be laid off. Except for extraordinary circumstances such as acts of God or hospitalizationWhen seniority within certification is equal, the employee shall have five (5) days after receipt Board will consider in this order:
a. First day of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightswork.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall x. Xxxxxx, minors and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.North Central Standards
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Upon the offer of a position as a non-probationary bargaining unit employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status , as set forth in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining UnitArticle 7 [B], and the employee is later found not to have met acceptance of the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary periodoffer, the employee shall be credited 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 employees, who transfer between classifications, or another bargaining unit, or to a supervisory position, will have seniority in his/her former classification frozen. Bargaining unit employees 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 employee’s social security number with the employee’s prior seniority bargaining unit employee having the higher number being placed first. Seniority shall accumulate while on approved leaves and Bargaining Unit rights but shall not be credited with considered an interruption in continuous service. Bargaining unit employees will lose seniority if the bargaining unit employee quits, retires, is discharged, is absent for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies or more consecutive business days without approval, or fails to return from recall within five (5) work days.
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 seniority list on March 1, and September 1, of each year showing the seniority of each employee reduction in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted number of bargaining unit employees or a reduction in the departments to question the bargaining unit employee’s position on that listhours. If no question is received within In the time periodevent it becomes necessary to lay off, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list following procedures will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will applyimplemented:
1. The University Temporary and probationary employees within the affected classification will continue its efforts be laid off first, provided that the remaining bargaining unit employees within the classification are qualified and available to minimize seasonal layoffs; but if there perform the work for the positions scheduled to be retained.
2. In the event it is a seasonal layoff of necessary to lay off bargaining unit employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 dayswith seniority, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and bargaining unit employee[s] in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is position being eliminated shall be laid off will first on the basis of seniority, provided that the remaining bargaining unit employees within the classification are qualified and available to perform the work of that position. Bargaining unit employees affected by a layoff shall have the right to displace another the least senior bargaining unit employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the that classification, if they are qualified and can perform the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification duties of that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsposition.
K. An employee’s displacement rights shall E. Attempts will be subject made by the Employer to fulfillment of qualifications for the positionkeep bargaining unit employees likely to be affected by layoff informally updated. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will Bargaining unit employees scheduled to be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University given at least fourteen (14) calendar fifteen [15] working days in advance written notice prior to the effective date of the layoff. Except for extraordinary circumstances such as acts of God or hospitalizationUpon request, the Employer will meet with the Association President to view the layoff list prior to its implementation.
F. Bargaining unit employees currently working in the unit shall be eligible for a vacancy before laid-off bargaining unit employees are recalled. However, bargaining unit employees on layoff shall be recalled before granting any positions to external candidates. Bargaining unit members employees will be recalled to positions within the classification from which the bargaining unit employee was laid off in the inverse order of layoff, provided the bargaining unit employee is qualified and can perform the work of that position. Notice of recall will be sent by Certified mail to the bargaining unit employee’s last known address on file with the Human Resources Office of the Employer. It shall be the bargaining unit employee’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 employees will have five (5) work days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work, except under extenuating circumstances authorized by the Superintendent. The date refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit employee who declines a recall for returning to work which she/he is qualified shall be no less than seven (7) calendar days forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of notice received unless mutually agreed upon with the Unionbargaining unit employee’s layoff. Failure Thereafter, a bargaining unit employee shall lose his/her rights to return from layoff shall subject recall.
G. For purposes of layoff, displacement and recall, the requirement that a bargaining unit employee be qualified and able to termination perform the work of servicea 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.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be determined on a classification by classification basis and shall be defined as the employee’s length of continuous service with employment in a classification within the University bargaining unit. Seniority shall accrue from the employee’s most recent date first day of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriateparticular classification. If Should two (2) or more employees have bargaining unit members share the same University Seniority datesame, their names first day of work, relative rankings on the seniority list shall be listed alphabetically determined by the bargaining unit member whose last name occurs first, first second, etc. alphabetically. Should a bargaining unit member's last name lastchange during the course of employment, such change shall be noted on the seniority list, but shall not change his/her relative ranking on the seniority list.
E. The University will provide 1. Only members of the Union with bargaining unit shall accrue seniority within the unit. Temporary employees shall not establish a bi-weekly list date of hire for purposes of accruing seniority in the bargaining unit.
2. A bargaining unit member who changes from one classification to another shall have seniority determined as follows:
a. Seniority accrued within the vacated classification shall be retained by the bargaining unit member, but shall not continue to accrue.
b. Seniority in the new hiresclassification shall accrue as of the first day of work in the new classification.
c. Seniority which has accrued to the bargaining unit member as a result of his employment in any classification, terminationsmay be used to claim a position, promotionspursuant to Section C.4.e. of this Article, lateral moveswithin any of said classification(s).
3. A probationary bargaining unit member shall have no seniority until the completion of the probationary period at which time seniority shall revert to his first day of work.
4. A bargaining unit member who has been laid off, whether in full or in part, shall accrue seniority as if he were employed full time.
5. Unpaid leaves of absenceabsence shall not constitute an interruption in continuous employment; however, seniority shall not continue to accrue, but shall be frozen until the unit member returns to a position within the bargaining unit.
6. Days worked in a non-bargaining unit position shall not be used for seniority purposes or for establishing a date of hire within the bargaining unit.
7. Should a bargaining unit member transfer to a non-bargaining unit position with the XxXxxx Public Schools, seniority shall not continue to accrue; however, the unit member shall have his seniority frozen until such time as he may return to the bargaining unit.
8. Seniority shall be lost should the employee resign, retire or be discharged.
B. The Employer shall prepare and retirements maintain the seniority list, a copy of which shall be provided to each bargaining unit member by October 15 each year. Should a bargaining unit member disagree with the seniority list, he/she shall have twenty (20) workdays to challenge the seniority list through the Grievance Procedure.
C. It is hereby specifically recognized that it is within the sole discretion of the Board to reduce its staff. The procedures set forth in this Article shall be used in laying off personnel.
1. Layoff shall be defined as a reduction in the Bargaining Unit. The list will work force, but shall not include the name normal and temporary reduction of ten (10) month employees during the employee and the date of the actionsummer months.
F. The University 2. Before the Employer takes official action to reduce or lay off staff, it will continue its efforts notify the Association.
3. Bargaining unit members to avoid layoffs and will discuss be laid off shall be provided with written notice at least thirty ten (3010) days prior to layoff any potential layoffs with the Union in effective date of said layoff.
4. If it becomes necessary for a scheduled labor management meeting. Howeverlayoff, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will procedures shall apply:
1. The University will continue its efforts a. All temporary employees within the classification being reduced shall be laid off first unless there are no qualified probationary or non-probationary bargaining unit members to minimize seasonal layoffs; but if perform the work.
b. Should further reduction be necessary, probationary bargaining unit members within the classification being reduced shall be laid off unless there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, no qualified non- probationary bargaining unit member to perform the provisions of this Article regarding layoffs are not applicablework.
H. Layoffs will take place according to seniority and c. If the reduction of personnel is still necessary, then regular bargaining unit members in accordance with the specific provisions positions being reduced or eliminated, shall be laid off on the basis of seniority; provided another bargaining unit member in the same classification is qualified and available to perform the work. Thereafter, layoffs pursuant to this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs section shall be in a particular classificationinverse order of seniority, departmental classification seriesi.e., and/or segment, and the specifics of each layoff.
I. The University will lay off the employee those with the least University seniority in a the classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is being reduced will be laid off will first first.
d. Bargaining unit members whose positions have been eliminated shall be notified of such elimination.
e. Bargaining unit members whose positions have been eliminated or who have been affected by a layoff shall have the right to displace another employee with less University Seniority the least senior bargaining unit member in an equivalent position for which they are qualified in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any or another classification in which the employee bargaining unit member has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsseniority.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications f. Laid off bargaining unit members who are qualified for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into vacancy in a classification in which they have seniority or a newly created position in a classification in which they have seniority shall be offered such positions before new employees are hired.
g. For purposes of this Agreement, qualifications shall be defined as possessing the employee has not previously served. If skills and requirements as listed on the employee does not meet job description and the qualifications job posting.
X. Xxxxxx from layoff status shall be made on the basis of seniority within the position at the end of 30 daysclassification being filled (i.e., the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees more senior bargaining unit member will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. Howeverfirst), after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and senior bargaining unit member lacks the probationary period shall begin anewnecessary qualifications to perform the duties of the vacant position.
1. Notice of recall to an employee shall be made sent by hand delivery, or certified mail, or by other carrier using return receipt, restricted delivery mail addressed to the bargaining unit member's last known address of such employeeas shown on the Employer's records. A copy The recall notice shall state the time and date on which the bargaining unit member is to report for work.
2. It shall be forwarded the bargaining unit member's responsibility to keep the Union. If undeliverable, the University’s obligation shall be considered Employer notified as to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to workcurrent mailing address.
3. The date for returning to work A recalled bargaining unit member shall be no less than have seven (7) calendar days from receipt of notice of recall to make himself/herself available for work unless an extension is granted by the Employer. If after the customary fifteen (15) calendar day U.S. Postal Service waiting period, the notice of recall is returned by the U.S. Postal Service as undeliverable, then the bargaining unit member shall forfeit his/her seniority and employment rights and shall be conclusively deemed to have voluntarily quit.
4. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work provided the unit member reports within the above seven (7) day period.
5. Bargaining unit members who are offered a position equivalent to that occupied at the time of notice of layoff are obligated to accept such work. A bargaining unit member who declines recall to equivalent work for which he is qualified shall forfeit his seniority and employment rights under this Agreement.
6. The recall list shall be maintained by the Employer for a period not to exceed two (2) years from the effective date of notice received unless mutually agreed upon with the Unionlayoff. Failure Thereafter, a bargaining unit member shall lose his right to return from layoff shall subject the recall.
E. Equivalent is defined as an employee to termination working a number of servicehours within one half (1/2) hour more than their previous assignment or any number of hours which are less than their previous assignment.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s 1. Seniority shall be a unit member's length of continuous regular service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following since the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for employment at the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University SeniorityAcademy. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union A unit member with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility work year of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. twelve (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee 12) months shall not be considered to have further displacement rights until suffered a break in service during the employee would months which are not included within the unit member's work year.
(a) Within thirty (30) days of the execution of this Agreement, the Academy shall establish a seniority list by department and job classification, with the unit member with the greatest seniority listed first. The seniority list shall be brought up to date every six (6) months.
(b) Such seniority list(s) shall be posted in all areas where unit members are employed. A copy of such list(s) shall be sent to the MSEA office in Augusta.
(c) Any objections to the seniority list, as posted, must be reported to the Director of Human Resources within thirty (30) days from the date posted or the list shall stand accepted. Any unresolved objection made in accordance with the foregoing procedure shall be subject to layoff againthe grievance procedure.
B. Layoff shall mean the discontinuance of Academy employment of a unit member for bona fide financial or program reasons. Employees may choose layoff rather For purposes of this Article, a unit member with a work year of less than exercise their displacement right. Such employees will twelve (12) months shall not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rightsduring the months which are not included within the unit member's work year.
L. Employees C. Unit members with continuing appointments with less than five (5) years’ service shall be notified receive at least three (3) months’ notice of layoff in writing by the University at least fourteen or two (142) calendar days months’ pay in advance lieu of the layoffnotice. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have Unit members with continuing appointments with five (5) days after receipt or more years of the fourteen service shall receive at least four (144) day notice, excluding weekends and holidays, to notify the University in writing months’ notice of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days months’ pay in lieu of notice. One week of additional severance pay will be received by unit members with continuing appointments for each year or partial year of Academy service. The entitled weeks of layoff and severance pay will be paid weekly until the obligation of the Academy has been discharged. If the unit member is re-employed by the Academy during the layoff and severance pay period, remuneration under this Article shall be reduced by the amount of salary paid in the position in which re-employed.
D. Full-time regular and eligible part-time regular unit members who have been laid off shall be eligible to participate at their cost in Academy group health and dental insurance for eighteen (18) months or such other period as stipulated by applicable Federal or State law, following the effective date of layoff. Unit members who desire to maintain health and dental insurance in accordance with this Article must so notify the State upon receipt of notice COBRA notification as explained therein. If such information is not included in the COBRA notification, or if an employee does not receive a COBRA notification, the employee should contact the Human Resources Department at the Academy.
1. For one (1) year following the effective date of layoff, a unit member who has been laid off shall be placed on a recall list and shall be sent campus position vacancy announcements. For this purpose, it shall be the unit member's responsibility to keep the Academy advised of his/her intention to return to workcurrent address and personal email address.
2. The A unit member who is re-employed in the same position or an equivalent position within one (1) year of the effective date for returning to work of layoff shall be no less than seven placed in the same wage grade and step obtained prior to the layoff.
3. Unit members re-employed within one (71) calendar days from year of the effective date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject retain their seniority accumulated prior to the employee layoff.
F. When a layoff is ordered, the Academy shall notify the MSEA Augusta office and shall make available to termination of servicethe Association all relevant information upon request.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the employee’s length of continuous service employment in a unit position. Seniority will begin with the University from the employee’s most recent last date of hire into a Bargaining Unit position. This date will be considered and shall accrue within the date that the employee begins active pay status classifications listed in a Bargaining Unit positionAppendix A of this Agreement.
B. An employee’s seniority shall terminate:
1. If the employee quitsA unit member who works in more than one (1) classification shall be entitled to accrue seniority in all such classifications for as long as they work in more than one (1) classification.
2. If A unit member who changes from one (1) classification to another shall take all accrued seniority to the employee retiresnew classification.
3. If Temporary employees shall not establish a date of hire for purposes of accruing seniority in the employee is dischargedunit.
4. If the employee who has completed the new hire probationary period fails to report to work Part-time unit members shall accrue seniority as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that if they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailwere employed full time.
5. When A unit member who has been laid off, whether in full or in part, shall accrue seniority as if they were employed full time.
6. Leaves of absence shall not constitute an employee is assigned out interruption in continuous service. Seniority shall continue to accrue except when the period of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but leave exceeds ninety (90) working days. Seniority shall not be credited with seniority for service outside beyond the Bargaining Unit90th day of an unpaid leave but shall be frozen until the unit member returns to a position within the unit.
c. Except 7. A probationary unit member shall have no seniority until the completion of the probationary period at which time seniority shall revert to their first day of work.
8. Seniority shall be lost should the unit member resign, retire or be discharged.
9. Days worked in non- unit classifications shall not be used for laid-off employees who are awarded seniority purposes or for establishing a non-Bargaining Unit positiondate of hire.
10. Should a unit member transfer to a non- unit position within the Xxxxxxx Public Schools, once an employee has completed the employee’s probation in a non-Bargaining Unit positionseniority shall not continue to accrue; however, the employee relinquishes all forms of Bargaining Unit unit member shall have their seniority and shall be treated accrual frozen until such time as a new employee in the event the employee returns they may return to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit11. The Employer shall prepare, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of maintain and post a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the The seniority list will be reviewed posted in all of the buildings by October 15 each year. A copy of the seniority list and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names subsequent revisions shall be listed alphabetically last name first, first name lastprovided to the Association President.
E. The University will provide B. It is within the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the actionBoard's right to lay off staff and/or reduce or eliminate positions.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts Layoff shall be defined as a reduction in the work force due to minimize seasonal layoffs; an economic necessity, but if there is a seasonal layoff shall not include the temporary or normal reduction during the summer months of employees in Residential Dining Servicessecretaries, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicablelibrary coordinators or general office personnel.
H. Layoffs will take place according 2. Unit members to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University provided with written notice at least fourteen (14) calendar days in advance prior to the effective date of the said layoff.
3. Except If it becomes necessary for extraordinary circumstances such as acts of God or hospitalizationa layoff, the employee following procedures shall apply:
a. All temporary employees shall be laid off within the affected classification first.
b. Should further reduction be necessary, probationary unit members shall be laid off within the affected classification unless there is no qualified non-probationary unit member to perform the work.
c. Should further reduction be necessary, unit members shall be laid off within classification in accordance with their seniority status with the least senior unit members to be laid off first.
d. Unit members whose positions have been eliminated shall be notified of such elimination.
e. Unit members whose positions have been eliminated or who have been affected by a layoff shall have five (5the right to assume a position in their classification(s) days after receipt of for which they are qualified and which is occupied by the fourteen (14) day notice, excluding weekends and holidays, to notify the University least senior unit member in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightssaid classification(s).
M. Employees f. Laid off unit members who are qualified for a vacancy or newly-created position shall be offered such positions before new employees are hired.
4. Should two (2) or more unit members share the same seniority, the following procedure shall be used at the time of layoff to determine who will be recalled laid off:
a. If one (1) unit member has more paid service to work in reverse order the District, that unit member shall remain.
b. If the unit members remain equal after a., a drawing shall be conducted by the Superintendent and the Association President to determine who shall remain.
5. In the event of a layoff, the layoff procedure specified herein. Employees shall have recall Association and reinstatement the Employer may mutually agree to allow individual unit members to waive their seniority rights for the period purpose of time equal layoff.
a. A unit member may at their option, without prejudice to their seniority and other rights under this Agreement, waive their seniority in the length event that the Employer institutes a layoff during the term of this Agreement.
b. Should the unit member elect to waive their Bargaining Unit seniority from the date rights, such waiver shall not be construed to be a waiver of the unit member's right to be recalled from such layoff.
c. If such an agreement is reached, the Individual Agreement Form which is attached to and incorporated into this Agreement as Appendix B shall be completed by the unit member and filed by the Employer.
6. HoweverBefore the Employer takes official action to reduce or lay off staff, after two years it will provide the affected employeeAssociation with an opportunity to discuss such reduction or layoff.
7. At their option, if interesteda laid off unit member shall be granted priority status on the substitute list in accordance with their seniority.
8. For purposes of this Agreement, will have qualifications shall be defined as possessing the obligation skills and requirements as listed on the job description.
C. Laid off unit members shall be recalled in order of seniority, with the most senior being recalled first, to monitor job availabilities by utilizing employment resources available through University Human Resourcesany position within their classification for which they are qualified.
1. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice Notices of recall to an employee shall be made sent by hand delivery, certified or certified mail, or by other carrier using return receipt, registered mail to the last known address of such employeeas shown on the Employer's records. The recall notice shall state the time and date on which the unit member is to report back to work.
2. A copy recalled unit member shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three given five (35) working days from receipt of notice to report to work unless an extension is granted by the Board.
3. The Employer may fill the position on a temporary basis until the recalled unit member can report for work, provided the unit member reports within the above five (5) day period.
4. Unit members who are offered a position equivalent to that occupied on the effective date of layoff are obligated to accept such work. A unit member who declines recall to equivalent work for which they are qualified shall forfeit their seniority and employment rights under this Agreement.
5. It shall be the unit member's responsibility to keep the Employer notified as to their current mailing address.
D. The recall list shall be maintained by the Employer for a period not to exceed two (2) years from the date of receipt of notice of his/her intention to return to worklayoff. The date A unit member who is laid off for returning to work more than two (2) years shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of servicelose their seniority rights and all other rights under this Agreement.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University A) Seniority shall be defined as the length of service within the bargaining unit as an employee in the Walled Lake Consolidated School District and shall begin on the date on which the employee first assumes his/her duties. Seniority shall not accrue for unpaid leaves or while on layoff. All secretarial services to the Walled Lake Consolidated School District effective as of the ratification date of this Agreement shall be applied for purposes of defining seniority for employees covered by this Agreement.
B) Upon the Association President's written request, the Board shall provide one copy of the seniority list of all bargaining unit employees for each contract year.
C) Secretaries who resign or retire shall sever their seniority rights and, if later rehired, will have their seniority determined by a new date of hire. Secretaries who move out of the bargaining unit shall retain their seniority rights and will have this time counted if they are rehired to the bargaining unit at a later date. In cases of layoff or unpaid leave, secretaries shall retain all seniority accumulated as of the effective date of layoff or leave.
D) If two or more secretaries have an equal amount of seniority” , the tie shall be broken by a drawing to be held by Administration in the presence of the Association president or his/her designee. The drawing shall take place within ten (10) working days of the hire date, if possible, and written notification of the outcome shall be sent to the affected secretaries. Affected secretaries may attend.
E) Layoff shall be defined as a necessary reduction in the work force beyond normal attrition due to decreased enrollment, severe financial distress, school closings, elimination of program or other emergencies as determined by the Board of Education. If it is necessary to reduce staff, layoffs will be made on a seniority basis, by classification.
F) Displacement shall be defined as any person whose position within a classification and work site is eliminated by reduction and the employee has sufficient seniority to avoid layoff.
G) Before official action is taken with respect to any layoff or displacement, written notice of the contemplated reduction shall be provided to the Association. An announcement of each position and employee affected by such action shall be made at the Board meeting immediately following the written notice of contemplated reduction or recall.
H) Any secretary who currently holds a position to be eliminated shall be notified in writing of the impending displacement or layoff no less than twenty (20) calendar days prior to the effective date of the displacement or layoff. Said written notification for displacement shall include the job description and number of work days of the available position into which the employee may bump.
I) A secretary who is on leave and who has requested a return to work prior to the time notice of any recall has been provided, shall be placed on the recall list in seniority order along with any laid-off employees in the same classification and full time or part time status.
1. The displacement and bumping procedure shall be:
a. Displacement within Classification. Displaced secretaries with greater seniority will be given preference for continued employment over secretaries with the lowest seniority. The displaced secretary (or secretaries) may bump the secretary (or secretaries) with the lowest seniority in the same classification with the same or similar hours.
b. If no jobs are available in the same classification with the same or similar hours, a secretary (or secretaries) may bump the secretary (or secretaries) of lowest seniority in a lower classification with the same or similar hours.
c. If no jobs are available in the same classification with the same or similar hours, and no jobs are available in a lower classification with the same or similar hours, then a displaced secretary (or secretaries) may bump the secretary (or secretaries) with the lowest seniority in the same classification with less hours.
1. A secretary that bumps into another position shall serve a thirty (30) school day trial period. At the end of the first fifteen (15) school days, the immediate supervisor will inform the superintendent or his/her designee, the employee concerned and the Association, by letter, whether the employee's work has been satisfactory or unsatisfactory. In the event the employee’s length of continuous service with the University from work is deemed unsatisfactory, the employee’s most recent , Association representative and immediate supervisor will sit down and create a corrective plan. If, at the end of the thirty (30) school day period, the employee's work has been unsatisfactory, he/she will be notified in writing of the impending layoff no less than ten (10) work days prior to the effective date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit positionlayoff.
B. An employee’s seniority shall terminateL) Within five (5) school or working days of receipt of written notification of impending displacement, the secretary will indicate in writing to the Director of Personnel either of the following:
1. If The decision to exercise the employee quits.bumping process and the position they are eligible to assume; or
2. If The decision to forfeit the bumping process, accept the layoff and retain recall rights until such time as recall is effected or the secretary terminates the employment relationship with the District. In the event the employee retiresexercises this option, the District shall report to any inquiring agency, that the employee has invoked his/her contractual rights to a seniority layoff.
3. If In order to accommodate the various employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffschedules, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee parties agree that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of affected by the Bargaining Unit bumping process need not be working in order to be accorded the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, above notification and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary bumping period.
b. If an employee leaves M) When a layoff, displacement or reduction in the Bargaining Unit bargaining unit occurs, the Board agrees not to take a assign the work of those affected positions to co-op students, para-professionals, or non-Bargaining Unit bargaining unit members as long as a qualified member of the bargaining unit remains on layoff. All FERPA regulations must be followed.
N) Request for Placement into Higher Classification. During a period when secretaries are being notified of layoff and if no jobs are available for secretaries eligible to bump into the same or lower classifications, a secretary may request consideration for placement into a position occupied by the lowest seniority secretary in a higher classification. The Administration has complete discretion as to whether the requesting secretary will be granted the requested position. The Administration's decision will be non- grievable and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee will be final and binding.
O) Recall from layoff shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee made in the event the employee returns to the unit.
d. Once reverse order of layoff within classification or lower classification. Employee shall retain recall rights for a Bargaining Unit employee is promoted out period of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of years unless they terminate their employment relationship with the District earlier. Recall or bumping into a seniority list less-than-full-time position or lower classification, may be waived by a laid-off employee and will not affect his/her position on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any recall list.
P) The recalled employee shall have ten (10) working days after to respond to the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list recall notification which will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined sent by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selectionregistered mail. Failure to provide written respond within ten (10) working days after registered notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsis mailed, may be considered a voluntary quit.
M. Q) Employees with at least one year participation in a health care plan provided by the District will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within provided with three (3) working days of months insurance coverage, following the date of receipt of notice of his/her intention layoff, to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of servicesame extent as that provided during employment.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Bargaining unit seniority shall be defined as the employee’s length of continuous service employment in the bargaining unit and is compared with others within the University from groupings, as defined below in paragraph B.
1. Only members of the employee’s most recent bargaining unit shall accrue seniority within the unit. Overload Aides and Temporary employees shall not establish a date of hire into a Bargaining Unit position. This date will be considered for purposes of accruing seniority in the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quitsbargaining unit.
2. If A probationary bargaining unit member shall have no seniority until the employee retirescompletion of the probationary period at which time seniority shall revert to the individual’s first day of work.
3. If Unpaid leaves of absence shall not constitute an interruption in continuous employment. Seniority date adjustments made from July 1, 1997 – August 15, 2006 for unpaid leaves of absence shall remain in force. Excessive use of unpaid leaves (docked days), except for medical reasons for the employee member or in the individual’s immediate family, is dischargeddiscouraged and may result in disciplinary action.
4. If Seniority shall continue to accrue for up to sixty (60) days of an approved medical leave for the employee who has completed the new hire probationary period fails to report to work as scheduled individual or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailimmediate family member.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation Days worked in a non-Bargaining Unit position, bargaining unit position shall not be used for seniority purposes or for establishing a date of hire within the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the bargaining unit.
d. Once 6. Should a Bargaining Unit employee bargaining unit member transfer to a non-bargaining unit position with the Xxxxx Public Schools, seniority shall not continue to accrue; however, the unit member shall have his/her seniority frozen until such time as he/she may return to the bargaining unit.
7. Seniority shall be lost should the bargaining unit member resign, retire, or is promoted discharged or is out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments bargaining unit for the purpose a period of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name lastcalendar years.
E. B. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements groupings in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs section are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right used to determine layoffs in a particular classification, departmental classification series, and/or segment, seniority for layoff and the specifics of each layoffrecall purposes.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s (a) Seniority for Regular Full-Time Employees and Regular Part-Time Employees shall be defined as length of continuous service with the University from the employee’s most recent date Corporation; sick leave, illness, injury, layoff, or approved leave of hire into a Bargaining Unit position. This date will absence shall not be considered the date that the employee begins active pay status in a Bargaining Unit positionas an interruption of such service.
B. An employee’s seniority shall terminate:
1. If (b) In the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or event of layoff, the employee employees within each Division i.e., the Inside Division, the Engineering Division (Public Works Department and Sewer Department) and the Parks and Recreation Division, (Parks Department and Recreation Department), with the least seniority shall be first laid off, provided however, that employees with special skills or qualifications may be terminated effective on retained to fill positions requiring such special skills regardless of length of service. Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University control of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualificationsCorporation, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s Corporation shall notify all Regular Full-Time Employees and Regular Part-Time Employees who have completed their probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees period who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall to be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have laid off at least ten (10) working days after prior to the list is prepared and posted in the departments to question the employee’s position on that listeffective date of layoff. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and has not had the date of opportunity to work during the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty ten (3010) days prior referred to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classificationabove, the employee may displace a less senior employee shall be paid for those days for which work was not made available. Employees who have been laid off shall be recalled to work in the reverse order of their layoff from their respective Division provided they are qualified to perform the available work. Alternatively, employees on layoff shall be afforded the first opportunity to work in any classification in which the employee has previously servedother Division, or an equivalent or lower classification provided however, that the employee possesses the necessary skills for, and is qualified to holdcapable of performing the work which may be available. If there is no other classification availableIn the event of recall, the employee may displace Corporation shall send laid-off employees a registered letter or a telegram forwarded to the full time employee with last address furnished by the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise shall notify the Corporation in writing of their displacement right. Such employees will not be considered intention to have waived their recall rights, nor negatively affect their return to employment rights.
K. An employee’s displacement rights shall be subject to fulfillment within seventy- two (72) hours of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications delivery of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees notification and shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except report for extraordinary circumstances such as acts of God or hospitalization, the employee shall have work within five (5) days of their written acceptance of recall.
(c) Employees who are laid off after receipt less than one (1) year's service with the Corp- oration shall retain their seniority for a period of six (6) months, and employees who are laid off after one (1) year of service with the Corporation shall retain their seniority for a period of one (1) year. Employees hired on or after 1992 April 27 shall retain their seniority for a period of six (6) months following a layoff.
(d) Employees who have voluntarily left the service of the fourteen (14) day notice, excluding weekends Corporation or who have been discharged for proper cause shall lose their seniority and holidays, to notify the University in writing be deprived of the employee’s intention to exercise the employee’s displacement any further rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsunder this Collective Agreement.
M. Employees will be recalled to work in reverse order of (e) The Corporation shall provide the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit Union with an up-to-date seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be list no less later than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceMarch 31st each year.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University The Employer shall give an Employee in the bargaining unit, who has acquired seniority and who is to be laid off for a period of more than eight weeks, notice in writing of her layoff in accordance with the following schedule:
(i) Up to two years of service – two weeks’ notice.
(ii) Thereafter, one week of notice for each year of service, to a maximum of eight weeks’ notice. An employee who is subject to layoff shall have the right to either:
(i) Accept the reduction in hours; or
(ii) Accept the layoff; or
(iii) Displace an employee who has the lesser bargaining unit seniority in any classification providing the employee originally subject to layoff has the qualifications, skills and abilities necessary to perform the duties of the job within the normal orientation period (minimum 3 days) and without training. Laid off employees must exercise their bumping rights within five working days from the date they are notified of the layoff. Any other employee so bumped must exercise their bumping rights within three working days of their being bumped and so on, on a three working day maximum basis for each involved employee. A laid off employee shall have opportunity of recall from a layoff to an available opening, in order of seniority” , provided he/she has the qualifications, skills and abilities to perform the work before such opening is filled under the job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. Under no circumstances will an employee on the recall list be able to accept or bump into a position ahead of an employee with more seniority. Under no circumstances will an employee be able to use the bumping or recall language to obtain a position that provides a greater number of hours over their original position. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Home shall not act in an arbitrary or unfair manner. No new employees shall be hired until all those laid off have been offered the opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found not to have the qualifications, skills and abilities necessary to perform the position available. It is the employee’s length sole responsibility of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed been laid off to notify the new hire probationary period fails Home of its intention to report return to work as scheduled or fails within five working days (exclusive of Saturdays, Sundays and paid holidays) after being notified to report after any authorized absence or layoffdo so by registered mail, addressed to the employee may last address on record with the Home (which notification shall be terminated effective deemed to have been received on the 7th second day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention mailing) and to report return to work as scheduledwithin 10 working days after being notified. The letter notification shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of state the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and job to which the employee is later found not eligible to have met be recalled and the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority date and time at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, which the employee shall be credited report for work. The employee is solely responsible for his/her proper address being on record with the employee’s prior seniority and Bargaining Unit rights but Home. Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed four weeks. An employee who has been recalled to such temporary vacancy shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively accept such recall and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1may instead remain on layoff. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees a different classification from which he/she was laid off shall have the privilege of returning to the position he/she held prior to the layoff, should it become vacant within four months of being recalled. In the event that a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall be paid for the holiday. A laid off employee shall retain the rights of recall and reinstatement rights for a period of 24 months from the date of layoff or the period of time equal to the length of their Bargaining Unit seniority from at the date time of layoff, whichever is the lesser. An employee affected by layoff who has also exercised their rights under the Reduced Work Week provision, will have an opportunity to adjust their Reduced Work Week schedule at the time of the layoff. However, after two years the affected employee, if interested, Such employee will have 10 days to provide the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon employer with the Union. Failure to return from layoff shall subject the employee to termination of servicetheir decision.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” Seniority is defined as the employee’s length of continuous service with date in which the University from school board approved the employee’s most recent hire date of hire into a Bargaining Unit positionindividual employee; if hired on the same date, tie breaker is done. This date All Employer responsibility to the employee on the basis of seniority is as hereinafter set forth. Seniority accrual will be considered within the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminatefollowing distinctive classifications prior to July 1, 2021:
1. Teacher assistants
2. Playground/teacher assistants
3. Media center assistants
4. Pre-school assistants
5. IF assistants (formerly LRE)
B. All new hires, after July 1, 2021 will be under the classification of Paraprofessional.
C. Newly hired employees shall be regarded as probationary employees until they have satisfactorily completed a sixty (60) work day probationary period of employment within a classification. If at any time prior to the completion of the sixty (60) work day probationary period of employment the employee's work performance is unsatisfactory to the Employer, the employee may be discharged by the Employer during this period without appeal by the Union. There shall be no further responsibility for the reemployment of such probationary employees if they are laid off during this period.
D. In order to acquire or accumulate seniority within a classification, the employee assigned to the classification must work sixty (60) working days of employment, uninterrupted by layoff or leave of absence. In the event a probationary employee is temporarily laid off and reinstated, or in the event such employee is absent on scheduled work days, said employee shall work additional days equal to the number of days that the employee was absent. Such employees shall not have completed their probationary period until these additional days have been worked. Upon satisfactory completion of the probationary period for a new hire, the employee's seniority date within that classification and bargaining unit shall be established as of the employee's first working day. All employees within a probationary period shall be evaluated at least once by their immediate supervisor prior to the termination of the probationary period. If the employee successfully completes a probationary period, his/her name shall be entered on the seniority list retroactive to his/her initial date of hire as a probationary employee classification.
E. In the event that two or more employees satisfactorily complete their probationary period within a classification on the same date, their seniority shall be determined by adding the last four digits of the affected employee's social security number. The highest combination of the last four digits shall result in that employee having the higher seniority.
F. Seniority lists shall be established and maintained by the Employer and made available to the Union designee no later than the fourth Friday of each school year. Any objections must be submitted in writing within seven work days from the Union designee's receipt of such list. Thereafter, the seniority list shall be considered final and accurate and the District shall incur no liability for relying upon the accuracy of the seniority list.
G. An employee shall be terminated and lose his/her seniority within all classifications if:
1. The employee quits.
2. If The employee is discharged and not reinstated through the employee retiresgrievance procedure.
3. If the The employee is dischargedabsent for three (3) consecutive working days without prior approval or authorization for a leave of absence.
4. If the The employee who has completed the new hire probationary period fails to report to for work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective upon written notice of recall from layoff on the 7th first scheduled work day following the date of mailing a letter from the University advising layoff, unless the employee that they may be terminated if notified the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University supervisor within three (3) working days of the date of receipt of notice recall notice, exclusive of his/her intention days when no mail deliveries are made, that the employee is unable to return report on that day but established a reporting date within ten (10) working days following receipt of the recall notice.
5. The employee fails to report for work on the first regularly scheduled work day in which the employee is scheduled to report back to work, following a leave of absence, or fails to secure an approved extension of a leave of absence.
6. The date employee falsifies personnel records, medical history, criminal record, or falsifies the reason for returning a leave of absence.
7. The employee is employed elsewhere during a leave of absence without the knowledge of the Employer.
8. The employee is laid off for a period one (1) year, or the length of time equal to the employee's years of service but not to exceed three (3) years, whichever is greater.
9. The laid off employee is offered and refuses a position within the bargaining unit of substantially equivalent hours and rate of pay; with the exception of IF’s (formerly L.R.E. Aides).
H. Should a continued enforced absence, such as sickness, require an employee to be absent from his work over an extended period of time, the following considerations shall be applied:
1. Seniority shall continue to accumulate for up to 12 working months.
2. After one (1) year of continued absence, except in the event of a worker's compensation injury or illness in which case it will be after two (2) years, the position of the absent employee shall be filled permanently.
3. The seniority of an individual involved in an enforced and prolonged absence shall be continued provided he/she returns to work within a period of twelve (12) working months, except that in no event shall be no less than seven (7) calendar days from date this apply where the length of notice received unless mutually agreed upon with absence exceeds seniority accumulated at the Union. Failure to return from layoff shall subject the employee to termination of servicetime such absence began.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the 1. An employee’s 's seniority shall be determined by his length of continuous service with the University Township from the employee’s most recent date of hire into a Bargaining Unit positionhis last hire. This date The employment records of the Township will be considered the date that determining factor in computing seniority. Attached hereto is a copy of the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If list which the employee quitsparties agree is correct.
2. If When the Township reduces the working force, the employee retiresin the classification affected by the layoff who has the least seniority shall be laid off first, provided the remaining employees have the experience, skill and ability to perform the remaining work without training. Upon recall, employees are to be returned to work in the reverse order in which they were laid off.
3. If An employee shall lose his seniority and all rights under this contract for the employee is dischargedfollowing reasons:
a) Being absent for three (3) consecutive days without notifying the Township official within said three (3) day period.
b) Quitting.
c) Failure to report to work at the expiration of an authorized leave of absence.
d) Being discharged by the Township for just cause.
e) Being laid off for one (1) year.
f) Failure to report for work within five (5) days after being recalled by certified mail to the employee's last known address as shown on the Township records.
g) Absence because of proven illness or injury for a period in excess of one (1) year.
4. If Where circumstances permit, the employee who has completed Township will give the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or employees at least forty-eight (48) hours' notice of layoff, provided the employee may be terminated effective on layoff is not caused by circumstances beyond the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. MailTownship's control.
5. When an An employee promoted or transferred to other than bargaining unit work may return to the bargaining unit upon agreement by the Union and the Township, provided there is assigned a job vacancy. The employee will return without loss of continuous service credits, but he will not accrue seniority while out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the bargaining unit.
d. Once a Bargaining Unit employee is promoted out 6. Subject to the qualifications of the Bargaining UnitSection 2 above, the employee does not retain any Bargaining Unit rights except those listed above (i.e., Shop Xxxxxxx shall head the seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that list in his classification for the purpose of layoff. Such employee shall be returned to his or her prior position.
C. Departments/segments for proper standing on the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceoffice.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Upon the offer of a position as a non-probationary bargaining unit employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status , as set forth in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining UnitArticle 7 [B], and the employee is later found not to have met acceptance of the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary periodoffer, the employee shall be credited 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 employees, who transfer between classifications, or another bargaining unit, or to a supervisory position, will have seniority in his/her former classification frozen. Bargaining unit employees 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 employee’s social security number with the employee’s prior seniority bargaining unit employee having the higher number being placed first. Seniority shall accumulate while on approved leaves and Bargaining Unit rights but shall not be credited with considered an interruption in continuous service. Bargaining unit employees will lose seniority if the bargaining unit employee quits, retires, is discharged, is absent for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies or more consecutive business days without approval, or fails to return from recall within five (5) work days.
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 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 seniority list on March 1, and September 1, of each year showing the seniority of each employee reduction in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted number of bargaining unit employees or a reduction in the departments to question the bargaining unit employee’s position on that listhours. If no question is received within In the time periodevent it becomes necessary to lay off, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list following procedures will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will applyimplemented:
1. The University Temporary and probationary employees within the affected classification will continue its efforts be laid off first, provided that the remaining bargaining unit employees within the classification are qualified and available to minimize seasonal layoffs; but if there perform the work for the positions scheduled to be retained.
2. In the event it is a seasonal layoff of necessary to lay off bargaining unit employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 dayswith seniority, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and bargaining unit employee[s] in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is position being eliminated shall be laid off will first on the basis of seniority, provided that the remaining bargaining unit employees within the classification are qualified and available to perform the work of that position. Bargaining unit employees affected by a layoff shall have the right to displace another the least senior bargaining unit employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the that classification, if they are qualified and can perform the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification duties of that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsposition.
K. An employee’s displacement rights shall E. Attempts will be subject made by the Employer to fulfillment of qualifications for the positionkeep bargaining unit employees likely to be affected by layoff informally updated. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will Bargaining unit employees scheduled to be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University given at least fourteen (14) calendar fifteen [15] working days in advance written notice prior to the effective date of the layoff. Except for extraordinary circumstances such as acts of God or hospitalizationUpon request, the Employer will meet with the Association President to view the layoff list prior to its implementation.
F. Bargaining unit employees currently working in the unit shall be eligible for a vacancy before laid-off bargaining unit employees are recalled. However, bargaining unit employees on layoff shall be recalled before granting any positions to external candidates. Bargaining unit members employees will be recalled to positions within the classification from which the bargaining unit employee was laid off in the inverse order of layoff, provided the bargaining unit employee is qualified and can perform the work of that position. Notice of recall will be sent by Certified mail to the bargaining unit employee’s last known address on file with the Human Resources Office of the Employer. It shall be the bargaining unit employee’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 employees will have five (5) work days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work, except under extenuating circumstances authorized by the Superintendent. The date refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit employee who declines a recall for returning to work which she/he is qualified shall be no less than seven (7) calendar days forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of notice received unless mutually agreed upon with the Unionbargaining unit employee’s layoff. Failure Thereafter, a bargaining unit employee shall lose his/her rights to return from layoff shall subject recall.
G. For purposes of layoff, displacement and recall, the requirement that a bargaining unit employee be qualified and able to termination perform the work of servicea 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.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Upon the employee’s length offer of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status position as a non-probationary bargaining unit member, as set forth in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining UnitArticle 7 [B], and the employee is later found not to have met acceptance of the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary periodoffer, the employee shall be credited 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 employee’s prior seniority bargaining unit member having the higher number being placed first. Seniority shall accumulate while on approved leaves and Bargaining Unit rights but shall not be credited with considered an interruption in continuous service. Bargaining unit members will lose seniority if the bargaining unit member quits, retires, is discharged, is absent for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies 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 seniority list on March 1, and September 1, of each year showing the seniority of each employee reduction in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted number of bargaining unit members or a reduction in the departments bargaining unit member’s hours. In the event it becomes necessary to question the employee’s position on that list. If no question is received within the time periodlay off, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list following procedures will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will applyimplemented:
1. The University Temporary and probationary employees within the affected classification will continue its efforts be laid off first, provided that the remaining bargaining unit members within the classification are qualified and available to minimize seasonal layoffs; but if there perform the work for the positions scheduled to be retained.
2. In the event it is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 daysnecessary to lay off bargaining unit members with seniority, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and bargaining unit member[s] in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is position being eliminated shall be laid off will first 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 another employee with less University Seniority the least senior bargaining unit member in the same classification throughout the University. If there is no less senior employee within the that classification, if they are qualified and can perform the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification duties of that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsposition.
K. An employee’s displacement rights shall E. Attempts will be subject made by the Employer to fulfillment of qualifications for the positionkeep bargaining unit members likely to be affected by layoff informally updated. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will Bargaining unit members scheduled to be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University given at least fourteen (14) calendar fifteen [15] working days in advance written notice prior to the effective date of the layoff. Except for extraordinary circumstances such as acts of God or hospitalizationUpon request, the employee 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 after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work, except under extenuating circumstances authorized by the Superintendent. The date refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit member who declines a recall for returning to work which she/he is qualified shall be no less than seven (7) calendar days forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of notice received unless mutually agreed upon with the Unionbargaining unit member’s layoff. Failure Thereafter, a bargaining unit member shall lose his/her rights to return from layoff shall subject recall.
G. For purposes of layoff, displacement and recall, the employee requirement that a bargaining unit member be qualified and able to termination perform the work of servicea 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.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Bargaining unit seniority shall be defined as the employee’s length of continuous service employment in the bargaining unit and is compared with others within the University from groupings, as defined below in paragraph B.
1. Only members of the employee’s most recent bargaining unit shall accrue seniority within the unit. Overload Aides and Temporary employees shall not establish a date of hire into a Bargaining Unit position. This date will be considered for purposes of accruing seniority in the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quitsbargaining unit.
2. If A probationary bargaining unit member shall have no seniority until the employee retirescompletion of the probationary period at which time seniority shall revert to the individual’s first day of work.
3. If the employee is dischargedUnpaid leaves of absence shall not constitute an interruption in continuous employment. Seniority date adjustments made from July 1, 1997 – August 15, 2006 for unpaid leaves of absence shall remain in force.
4. If Seniority shall continue to accrue for up to sixty (60) days of an approved medical leave for the employee who has completed the new hire probationary period fails to report to work as scheduled individual or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailimmediate family member.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation Days worked in a non-Bargaining Unit position, bargaining unit position shall not be used for seniority purposes or for establishing a date of hire within the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the bargaining unit.
d. Once 6. Should a Bargaining Unit employee bargaining unit member transfer to a non-bargaining unit position with the Xxxxx Public Schools, seniority shall not continue to accrue; however, the unit member shall have their seniority frozen until such time as they may return to the bargaining unit.
7. Seniority shall be lost should the bargaining unit member resign, retire, or is promoted discharged or is out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above bargaining unit for a period of two (i.e., seniority rights)2) calendar years.
e. This Agreement does not abridge Management’s rights nor guarantee that B. The groupings in this section are used to determine seniority for layoff and recall purposes. Grouping A: Early Learning/Preschool Lead Teacher Grouping B: GSRP Associate Teacher Grouping C: Special Education Assistants Grouping D: General Education Assistants; including MTSS, Early Learning/Preschool Assistants, GSRP 3rds, and Kindergarten Assistants
1. Seniority is gained within the employee group (A, B, C, D) and all groupings below it.
2. The foregoing seniority as a bargaining unit member by grouping shall be returned to his or her prior positionutilized in Article 12 Section D.3.b. as therein specified.
3. It is agreed that a person not currently in Child Development Services cannot bump someone in the Child Development Services unless they meet all of the position requirements and can pass the required background check.
C. Departments/segments for The Employer shall prepare and maintain the purpose seniority list, a copy of this Article are defined in Article 16 - Classificationswhich shall be provided to each bargaining unit member by October 15 each year. Should a bargaining unit member disagree with the seniority list, the person shall have twenty (20) workdays to challenge the seniority list through the grievance process.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If Should two (2) or more employees have bargaining unit members share the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of hire, relative rankings on the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications list shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 daysbargaining unit member whose last name occurs first, the affected employee will be laid off with recall rightssecond, etc.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the employee’s length of continuous service with the University Board within each department. It shall be calculated from the employee’s most recent date of hire into in a Bargaining Unit Category I-IV position, but under no circumstances shall seniority accrue until an employee has served the probationary period. This date will If the probationary period is satisfactory, seniority shall be considered retroactive to the date that the employee begins active pay status in of hire as a Bargaining Unit positionregular employee.
B. An employee shall lose all seniority should he/she not return from a leave, retire, resign, or be discharged for just cause, provided that, discharge for just cause is upheld by an arbitrator per the grievance procedure.
C. A new employee shall be considered to be probationary until he/she has completed ninety (90) calendar days of service with the Board.
D. Should the Board determine the need for any layoff of personnel, reductions shall be by seniority within each department retaining the most senior employee’s . The Board shall endeavor to provide as much notice as possible, in no case less than ten (10) working days, to each employee who may be subject to layoff.
E. Within each department, probationary employees shall be the first laid off; those with the least seniority shall terminate:
1. If next be laid off until the employee quitsreductions have been completed.
2. If F. Employees who are transferred by the employee retires.
3. If the employee is discharged.
4. If the employee who has completed Board to another department shall retain but not accrue seniority in their initial department, and shall begin accruing seniority in the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following department from the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5transfer. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given transferred to a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary periodnew department, the employee shall be credited with placed in the employee’s prior seniority and Bargaining Unit rights but shall not new department, on the corresponding salary step. In the event of layoff, any transferred employee who may be credited with seniority for service outside the Bargaining Unitsubject to layoff may transfer back to his/her previous department provided that a position is open, or a less senior employee can be "bumped".
c. Except for G. Should vacancies occur in any department, laid-off employees from that department shall be recalled on the basis of seniority. This clause shall take precedence over transfers of employees on staff.
H. Any employee who are awarded becomes subject to a non-Bargaining Unit position, once an employee has completed transfer as a result of a layoff may transfer back to his/her previous job position provided the employee’s probation position is open. Should vacancies occur in a nondepartment and all laid-Bargaining Unit positionoff employees in that department have been recalled, the employee relinquishes all forms of Bargaining Unit seniority and but employees from other department remain on layoff, qualified employees from another department who remain on layoff shall be treated as a new employee offered the position in the event the employee returns to the unitline with their seniority.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee I. It shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name responsibility of the employee and to notify the date Board of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meetingchange of address. However, the University and the Union recognize that due to lack Notice of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject sent by certified mail to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously servedemployee's last known address. If the employee does not meet the qualifications report to work within ten (10) work days of the position at the end mailing of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day this notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intentionhe/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation she shall be considered to be fulfilled. The recalled employee must notify a voluntary quit.
J. Employees on layoff shall accrue no additional seniority, but shall have their seniority frozen up to a maximum of twenty-four (24) months, after which the University within three (3) working days employee's right to recall and seniority shall be terminated.
K. Employees on unpaid status for more than one half of the date of receipt of notice of his/her intention to return to workschool year will not accrue seniority during this time. The date for returning to work Seniority shall be no less than seven earned in one (71) calendar year or one-half (1/2) year increments.
L. A seniority list, by department, shall be maintained by the Board and shall be transmitted to the Association president, once per year by August 1 of each school year.
M. If an employee is absent for five (5) consecutive normally scheduled days from date without notification of notice received unless mutually agreed upon with a valid reason to be absent and without legitimate reason for notifying the Union. Failure to return from layoff shall subject employer, job abandonment will prevail and the employee to termination of servicewill be terminated immediately.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Section 1. Seniority shall be defined as the employee’s length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement.
Section 2. No new employees shall be hired in a job classification within the University bargaining unit until all employees on layoff in that job classification have been given an opportunity to return to work at their original seniority date and positions; provided that after one (1) year of layoff the employee shall cease to accrue seniority, and that such re-employment rights shall cease after two (2) years from date of the layoff.
Section 3. Officers shall be permitted to bid shift assignments by bargaining unit seniority, but the Department reserves the right to ensure that officers assigned as corporals, officers with specialized skills, or officers in any phase of the FTO program including senior officers transferred from another Division requiring retraining are appropriately deployed among the shifts, and to ensure that Police Officers who are still on probation are distributed relatively evenly among the shifts. The Department reserves the right to designate no more than four teams as field training (“FTO”) teams which shall be distributed evenly between the East and West Districts. Bargaining unit members who are selected for FTO assignments shall be permitted to bid among themselves by bargaining unit seniority for such assignments. Officers on extended leave due to illness or injury shall be required to submit documentation from a medical doctor denoting a specific return to work date within the applicable shift period or shall be excluded from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary bid process for such shift period.
b. If Section 4. An employee shall lose his/her status as an employee leaves and his/her seniority if he/she:
(a) resigns or quits;
(b) is discharged or terminated (unless reversed through the Bargaining Unit grievance or arbitration process);
(c) retires;
(d) does not return to take a non-Bargaining Unit position and returns work from layoff within thirty (30) calendar days after being notified to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited return by certified mail addressed to his/her last address filed with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation Human Resources Department except as provided in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose Section 6 of this Article are defined in Article 16 - Classifications.Article;
D. The University will provide (e) has been on layoff for a period of two (2) years;
(f) is absent from work, including the Union with failure to return from leave of absence, vacation or disciplinary action, for three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) consecutive working days after without notifying the list Department, except where the failure to notify and work is prepared and posted in due to circumstances verified as being beyond the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name control of the employee and which are acceptable to the date of the actionCity.
F. Section 5. If an employee who has already completed his/her initial probationary period in a satisfactory manner is transferred, demoted, or promoted within the City to a position not included in the bargaining unit covered by this Agreement and is thereafter transferred, demoted, or promoted again to a position in the same job classification as the job he/she previously held in the bargaining unit, he/she shall not be deemed to have accumulated bargaining unit seniority while working the position not within the bargaining unit.
Section 6. Recall from layoff will be made by certified letter to the last address in the employee's record in the Human Resources Department. The University will continue its efforts to avoid layoffs and will discuss at least thirty employee must, within seven (307) days prior of
Section 7. Employees who decline recall, or who in the absence of extenuating circumstances acceptable to layoff any potential layoffs with the Union in a scheduled labor management meetingCity fail to respond as directed within the time limit allowed, shall be presumed to have resigned and their name shall be removed from the re-employment list.
Section 8. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs Employees who are recalled may be required to effectively and efficiently operate pass the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts City's standard physical examination for their particular job classification before returning to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the Universitywork. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified unable to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rightspass said examination, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention permitted to return to work. The date for returning to work Such employee shall be no less than seven returned to the re-employment list until able to pass the examination or until expiration of the eligibility period of the list as provided above.
Section 9. Employees who are required to have specific certifications (7i.e., State of Florida certification as police officer) calendar days from date or to possess designated licenses (i.e., driver license) in order to perform their jobs must present evidence of notice received unless mutually agreed upon with the Union. Failure such certifications and licenses as a condition of their re- employment and failure to do so shall be cause for denial of their return from layoff shall subject the employee to termination of servicework.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. Section 1: Upon successful completion of the probationary period, employees shall accrue seniority from the date of their employment with the Missoula City-County Health Department. A seniority list shall be maintained listing employees and date of hire, taking into account lapses in seniority accrual. The list shall be kept current showing all employees who have completed the probationary period.
Section 2: Seniority shall not accrue during layoff, or while an employee is on leave of absence without pay in excess of 90 days.
Section 3: Seniority shall terminate upon resignation, discharge, retirement, or by failure to report after recall from layoff. Layoffs or leaves of absence up to one year, except military leave, do not result in loss of seniority.
Section 4: Should the Employer determine that, for financial reasons, a layoff is necessary in a given job classification, the Employer shall: (1) consider the qualifications and capabilities of each employee within that job classification, and (2) if qualifications and capabilities are substantially equal, the Employer shall lay off the least senior employee in an affected job classification. No regular employee shall be laid off while a probationary or temporary employee in that job classification remains employed.
Section 5: The Employer shall give at least 15 working days’ notice to employees who are to be laid off. Both parties agree to meet and confer should either party request it.
Section 6: In the event of a proposed reduction in force or a proposed reduction in hours used in lieu of a reduction in force, the Employer and the Federation agree to meet and confer, upon request by the association.
A. “University In the event that the Employer determines that a permanent reduction in hours is required, the Employer agrees to provide the affected employee at least 10 working days’ notice of the intended change. The parties agree to meet and confer upon request from either party.
B. Should the Employer determine that a temporary reduction in hours is required, the Employer shall give the affected employee at least three working days’ notice and shall state the expected duration of the reduction in hours.
C. In the event of permanent or temporary reduction in hours, voluntary reduction in hours of employees with the same job description and within the same division will be considered first. Mandatory reduction in hours will be based on reverse seniority” .
Section 8: An employee who leaves a bargaining unit position, but remains employed by the Employer, shall be credited with all time worked in the bargaining unit position for seniority purposes if they return to a bargaining unit position.
Section 9: Employees who are laid off under this Article shall have their names placed on a recall list for a period of two years from the effective date of layoff. In the event that the position from which an employee was laid off is reinstated, the Employer will mail a recall notice to the employee at the employee’s length of continuous service with the University from last known mailing address. The employee will have five working days to accept reinstatement to the employee’s most recent date of hire into a Bargaining Unit former position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quitsdeclines reinstatement or fails to respond to the recall notice, the employee’s name shall be removed from the recall list and the employee shall have no further reinstatement privileges. The employee is responsible for ensuring that an accurate and up-to-date mailing address is on file.
2. If Section 10: A laid-off regular (non-probationary) employee may apply for bargaining unit positions other than the position from which the employee retires.
3was laid off. If the employee is discharged.
4. If qualified and capable of performing the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date duties and responsibilities of mailing such a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights a preference for the period position. If two or more laid-off regular employees are substantially equally qualified and capable of performing the work, their seniority at the time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee layoff shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceused as a tie-breaker.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments Seniority for the purpose of this Article are promotion or transfer shall be defined in Article 16 - Classificationsas the total length of consecutive service within the District including time on authorized leave of absence. Seniority for the purpose of layoff shall be defined as the total length of consecutive service within a job title, including time on authorized paid or unpaid leave of absence.
D. The University will B. If the District determines the need for a reduction in its work force; the District shall provide the Union Association with three (3) copies of a seniority list on March 1, and September 1, that includes each classified member’s date of each year showing the seniority of each employee in the Bargaining Unit by University Seniorityhire. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list At least 30 days’ notice shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more provided to employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. unless the District is responding to an unanticipated reduction in revenue. Employees shall be notified of layoff laid off within a job title in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse inverse order of their seniority as defined above. When forces again increase, employees shall be returned in the layoff procedure specified hereininverse order from which they were laid off. Employees No new employees shall have recall be hired into the title from which employees are laid off, remain eligible for recall, and reinstatement rights for remain qualified to perform. Layoff status shall automatically terminate twenty-four (24) months after the period of time equal to the length of their Bargaining Unit seniority from the effective date of the layoff. HoweverIf an employee to be laid off has held another position in the District within the past five (5) years, after two years that employee may move to the affected employeeprevious position if they have more District seniority than an employee in the position to be assumed, if interestedin the District's judgment the employees are equally qualified. Classified staff members who are laid off will be given consideration as substitutes; such will not affect the member’s recall rights. Recall notice shall be sent by certified mail, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than have seven (7) calendar days from date of notice received unless mutually agreed upon receipt to accept the position. The laid-off employee must report to work with the UnionDistrict within three (3) weeks of receipt of the notice or shall be considered to have resigned. Failure All benefits to which a member was entitled at the time of layoff, including unused accumulated sick leave, and seniority, will be restored to the member upon the member’s return to active employment; and the member will be placed on the proper step of the salary schedule for the member’s current position. A member will not receive increment credit for the time spent on layoff. Employment benefits do not accrue during the time of layoff.
C. When the District has determined the need to reduce hours in existing positions prior to making a decision to reduce hours for specific employees, the District will discuss the proposed changes with the employees involved and the Association. If the District chooses not to reduce hours by subtracting all lost hours from layoff the least senior employees in that title, the situation will be reviewed with the Association officers. The Association shall subject be provided with the employee opportunity to termination present a plan that would be consistent with the needs of servicethe District and still utilizes a strict seniority system for reducing hours. If the plan presented by the Association is not acceptable, the District shall inform the Association of the reasons why the plan is not consistent with the needs of the District.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is
A) Seniority shall be defined as the employee’s length of continuous service with within the University from bargaining unit as an employee in the employee’s most recent Walled Lake Consolidated School District and shall begin on the date on which the employee first assumes his/her duties. Seniority shall not accrue for unpaid leaves or while on layoff. All secretarial services to the Walled Lake Consolidated School District effective as of the ratification date of hire into a Bargaining Unit position. This date will this Agreement shall be considered the date that the employee begins active pay status in a Bargaining Unit positionapplied for purposes of defining seniority for employees covered by this Agreement.
B. An employee’s B) Upon the Association President's written request, the Board shall provide one copy of the seniority shall terminate:
1. If the employee quitslist of all bargaining unit employees for each contract year.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee C) Secretaries who has completed the resign or retire shall sever their seniority rights and, if later rehired, will have their seniority determined by a new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduledhire. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned Secretaries who move out of the Bargaining Unit bargaining unit shall retain their seniority rights and will have this time counted if they are rehired to the following provisions will apply:
a. If an employee is given bargaining unit at a promotion out later date. In cases of layoff or unpaid leave, secretaries shall retain all seniority accumulated as of the Bargaining Unit, and the employee is later found not to effective date of layoff or leave.
D) If two or more secretaries have met the posted qualificationsan equal amount of seniority, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee tie shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not broken by a drawing to be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee held by Administration in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out presence of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee Association president or his/her designee. The drawing shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have take place within ten (10) working days after of the list is prepared hire date, if possible, and posted written notification of the outcome shall be sent to the affected secretaries. Affected secretaries may attend.
E) Layoff shall be defined as a necessary reduction in the departments work force beyond normal attrition due to question decreased enrollment, severe financial distress, school closings, elimination of program or other emergencies as determined by the employee’s position on that listBoard of Education. If no question it is received within the time periodnecessary to reduce staff, the list layoffs will be made on a seniority basis, by classification.
F) Displacement shall be deemed accurate for defined as any person whose position within a classification and work site is eliminated by reduction and the remainder employee has sufficient seniority to avoid layoff.
G) Before official action is taken with respect to any layoff or displacement, written notice of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names contemplated reduction shall be listed alphabetically last name first, first name lastprovided to the Association. An announcement of each position and employee affected by such action shall be made at the Board meeting immediately following the written notice of contemplated reduction or recall.
E. The University will provide the Union with H) Any secretary who currently holds a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements position to be eliminated shall be notified in the Bargaining Unit. The list will include the name writing of the employee and impending displacement or layoff no less than twenty (20) calendar days prior to the effective date of the actiondisplacement or layoff. Said written notification for displacement shall include the job description and number of work days of the available position into which the employee may bump.
F. The University will continue its efforts I) A secretary who is on leave and who has requested a return to avoid layoffs and will discuss at least thirty (30) days work prior to layoff the time notice of any potential layoffs recall has been provided, shall be placed on the recall list in seniority order along with any laid-off employees in the Union in a scheduled labor management meeting. However, the University same classification and the Union recognize that due to lack of funds full time or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the Universitypart time status.
G. For seasonal layoffs the following provisions will apply:
1. The University displacement and bumping procedure shall be:
a. Displacement within Classification. Displaced secretaries with greater seniority will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance be given preference for continued employment over secretaries with the specific provisions of this Article covering segments and/or specific classification series within each segmentlowest seniority. The University retains displaced secretary (or secretaries) may bump the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee secretary (or secretaries) with the least University lowest seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightssame or similar hours.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University The Board will consult with the Association prior to making any reductions. If there are any viable alternatives to reduction of staff which are acceptable to the Board resulting from this consultation, they shall be implemented. The order of reduction shall be governed by seniority” , that is the employee’s length of continuous teachers with the least service with the University District shall be laid off first in accordance with the seniority date provided, however, that a more senior teacher may be laid off while a less senior teacher is retained if the more senior teacher is not certified and qualified for the position held by the less senior teacher. When more senior teachers are laid off while less senior teachers are retained, the Association's president will be advised in advance of the number and category of such teachers. The discretion hereby vested on the Board shall not be abused. Complaints that the Board has abused its discretion in this respect may be taken up through the grievance procedure provided in this Agreement.
B. Any staff member who is to be laid off shall receive written notice via certified letter no later than sixty (60) days before the effective date of layoff.
C. Seniority shall be computed from the employee’s most recent last date of hire into with the Stockbridge Community Schools in the bargaining unit. Seniority shall be broken by resignation from the bargaining unit, or termination for just cause. Administrators shall receive no seniority in the bargaining unit; acceptance of an administrative position breaks all previous seniority in the unit. The only exceptions to this provision shall be for the individuals holding a split position in the Bargaining Unit positionand as an administrator, who shall retain the seniority dates they have previously been granted. This date will In situations where more than one individual has the same seniority date, a permanent seniority rank order shall be considered established (prior to the date that publication of the employee begins active pay status seniority list) utilizing the following "tie-breakers" in a Bargaining Unit position.
B. An employee’s seniority shall terminatethe following rank order:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via Total K-12 certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss teaching experience under at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the Universityregular school year contract.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is ( Applicable to Full time / Part time Employees )
10.01 Newly hired employees shall be considered to be probationary employees for a period of three (3) months' worked from the date of hire. A probationary employee shall be considered as being employed on a trial basis and may be disciplined or dismissed by the Employer in its sole discretion. Probationary employees shall not have access to the grievance procedure for the purpose of a grievance alleging unjust discipline or discharge during the probationary period.
10.02 Upon completion of the probationary period, an employee’s 's name will be placed on the seniority list with seniority dating from the date she was last hired by the Employer.
10.03 Effective April 1, 1998 seniority shall be the total length of continuous bargaining unit service with the University of a full time employee, dating from the employee’s most recent her last date of hire into with the Employer. Seniority for part-time employees shall be calculated based on actual hours worked from their last date of hire. There shall be two (2) separate seniority lists, one for full time employees and one for part time employees. The Employer shall post updated seniority list(s) twice per year (which will include start dates of each employee), and forward copies to the Unions' Regional Office.
10.04 An employee who transfers or is re-hired to a Bargaining Unit positionposition outside the bargaining unit shall be deemed to have forfeited any claim to seniority in the bargaining unit after a period of one month outside the bargaining unit.
10.05 If a reduction in workforce is necessary probationary employees in the affected classifications shall be laid off first. This date will If a further reduction in the workforce is necessary, contract employees not employed on a special project or a time limited government grant in the affected classifications shall be considered laid off next.
10.06 If a further reduction is necessary, employees with the date least seniority on the affected seniority list(s) in the affected classifications, shall be laid off next.
10.07 Subject to article 10.09, when a full-time employee is laid off in a classification, she may displace an employee with lesser seniority in any full-time classification that the employee begins active pay status being laid off is qualified for. Qualifications for a particular position shall be determined in accordance with the criteria set out in article 11.02 of the collective agreement.
10.08 Subject to article 10.09, when a part-time employee is laid off in a Bargaining Unit positionclassification, she may displace an employee with lesser seniority in any part-time classification that the employee being laid off is qualified for. Qualifications for a particular position shall be determined in accordance with the criteria set out in article 11.02 of the collective agreement.
B. 10.09 It is understood that no employee may displace another employee who is in a higher rated wage classification.
10.10 For part-time employees, a reduction in the number of hours of work will not be considered a layoff.
10.11 It is understood that in the event of a layoff, an employee who displaces another employee due to the application of the foregoing articles must be willing to do the work, and be capable of successfully performing the work of the new job classification within an orientation period of twenty (20) working days.
10.12 An employee’s seniority , other than a probationary employee, who is laid off shall terminate:
1. If have recall rights for a period of eighteen (18) months from the employee quitsdate of layoff.
210.13 The Employer shall recall laid off employees by seniority. If Recall shall be made by Registered Mail to the employee's last address on record with the
(a) The employee retires.refuses recall;
3. If the (b) The employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report respond to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following her recall within seven (7) working days from the date of mailing of the recall letter; or
(c) The employee's recall letter is returned because she failed to file a letter correct address with the Employer.
10.14 Employees shall accumulate seniority under any of the following conditions:
(a) While in receipt of pay from the University advising Employer;
(b) During the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff of any potential layoffs with leave;
(c) While on Pregnancy and/or Parental leave;
(d) During the Union in a scheduled labor management meeting. However, first eighteen (18) months when s/he is prevented from performing his/her work for the University and Employer by reason of illness or injury;
(e) During the Union recognize that first eighteen (18) months of any absence due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the Universitylayoff.
G. For seasonal layoffs the following provisions will apply10.15 An employee shall lose all seniority and her employment shall be deemed to be terminated if she:
1. The University will continue its efforts (a) Resigns or retires;
(b) Is discharged for just cause and is not reinstated pursuant to minimize seasonal layoffs; but if there the grievance or arbitration procedures as provided in this Agreement;
(c) Is absent from work without a reasonable excuse for more than three (3) consecutive days for which she is scheduled to work;
(d) Is absent from work for more than eighteen (18) months by reason of layoff;
(e) Fails to report for work within seven (7) days after a seasonal layoff or leave of employees absence in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, accordance with the provisions of this Article regarding layoffs are not applicableAgreement; or
(f) Accepts other employment or becomes self-employed while on a leave of absence of any kind.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” a) System seniority is the employee’s length of continuous service in the Transit Branch.
b) Classification seniority is the length of continuous service in the classification of employment in which the employee is engaged.
c) The parties in this Agreement agree to the principle of "last on, first off" and "last off, first on" in the event of a layoff in the Transit Branch. Employees given notice of layoff shall have the right to exercise bumping rights in formerly-held classifications or alternatively to accept the layoff and exercise their right to recall by seniority. Employees who have worked and established seniority in previously- held classifications shall have the seniority earned in such classifications retained for the purpose of "bumping" to avoid layoff, as per the following example: Serviceman - 3 years Utilityman - 2 years The Junior Journeyman may, therefore, exercise bumping rights in the Serviceman Classification if there is a Serviceman who has less than three (3) years‟ seniority. If all of the Servicemen have more than three (3) years‟ seniority, the Junior Journeyman may exercise bumping rights in the Utilityman Classification if there is a Utilityman who has less than two (2) years‟ seniority. If all of the Utilitymen have more than two (2) years‟ seniority, the Junior Journeyman will take the layoff, as he/she has exhausted bumping rights. It is agreed that laid-off employees shall provide the Transit Branch with their current address and telephone number in order to retain recall rights. Employees laid off shall have the University right to refuse a recall for a "temporary" position or to a position in a classification in which they previously earned seniority, and will not lose their rights as outlined in this subclause by refusing same. Employees who fail to report for duty within fourteen (14) days of notice of receipt of recall to the classification, from the employee’s most recent date of hire into a Bargaining Unit positionwhich they were laid off, will be deemed to have terminated their employment.
d) Upon successful recall to employment after layoff, all previously unexpended benefits will be reinstated. This date will be considered provision shall only apply when the date that the employee begins active pay status in layoff is for a Bargaining Unit positionperiod of less than three (3) years.
B. An employee’s e) ACCESS TRANSIT employees shall have part time or full time classification seniority shall terminatefrom start date. Classifications being: - Full time Operator - Part time Operator - Full time Booking and Scheduling Clerk - Part time Booking and Scheduling Layoff and Recall procedure:
1. If the employee quitsPart Time ACCESS TRANSIT employees shall have a reduction of hours up to and including lay off (with last on/first off rights).
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee Full Time ACCESS TRANSIT employees may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention reduced to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailpart time.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s 6.1 Within each Bargaining Unit, seniority shall be defined as length of continuous service with the University from University, except as otherwise specified in the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit positionContract.
B. An employee’s seniority 6.2 New employees shall terminate:
1serve a ninety (90) day probationary period, which may be extended up to an additional ninety (90) days by mutual agreement of the parties. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire During this probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffperiod, the employee may be terminated effective on discharged without recourse to the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University grievance procedure. Upon completion of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with considered permanent and placed on the seniority list retroactive to his/her date of hire.
6.3 An employee shall lose seniority standing upon voluntary resignation from employment or discharge for just cause. An employee’s prior seniority and Bargaining Unit rights but shall not be credited with terminated because of authorized leave of absence or layoffs unless such period of absence exceeds one (1) year. An employee who resigns and is reinstated within one (1) year shall receive credit for all seniority for service outside accrued up to the Bargaining Unittime of separation.
c. Except for laid-off 6.4 If a layoff in any classification is necessary or a position is to be eliminated, the University shall notify the Union and the affected employees immediately. The University and representatives from the Union will meet to determine the options available to the affected employees and other employees who are awarded a non-Bargaining Unit position, once an employee has completed would be affected by the employee’s probation in a non-Bargaining Unit position, bumping process. All affected employees will be allowed to exercise the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those options listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. below. The University will provide and the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have will attempt to complete this process within ten (10) working days after days. After the list bumping process is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time periodcompleted, the list employee to be laid off will be given at least (10) days notice by the University. Probationary employees shall be deemed accurate for the remainder of the posting period; laid off before any permanent employees. Employees who are hired in a training program and if while in such a question is receivedtrainee status, the list will be reviewed and revised as appropriateshall not bump employees who are not in a training position. If two (2) or more Permanent employees have the same University Seniority date, who transfer into a training program retain bumping rights in their names shall be listed alphabetically last name first, first name lastformer classification.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. A. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. shall be awarded any vacant position for which he/she is qualified.
6.5 If there is no less senior employee within the classificationsuch vacant position, the employee may displace a less senior bump the junior employee doing the similar type work in any classification at the same or lower pay grade, provided he/she has sufficient seniority.
6.6 Employees who are laid off shall be eligible for recall for one (1) year. They shall be recalled to vacancies existing anywhere in the Bargaining Unit for which they are qualified with the senior qualified employee being the first to be recalled. Failure to respond within five (5) working days to a recall or to be available to begin work with two (2) weeks following notice by certified mail shall disqualify the employee has previously served, or an equivalent or lower classification that the employee is qualified for claim to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications Notice shall be determined by a thirty-day probationary period if considered given when mailed to the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff last address received in writing by the University at least fourteen (14) calendar days in advance of Human Resources Office from the layoffemployee. Except for extraordinary circumstances such as acts of God or hospitalization, the The employee shall have five (5) days after receipt be responsible for keeping the Human Resources Office informed of the fourteen (14) day notice, excluding weekends and holidays, to notify the University any changes in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsaddress.
M. Employees will be recalled 6.7 An employee who exercises bumping rights to work in reverse order of the layoff procedure specified herein. Employees another position shall have recall and reinstatement rights for the period of time equal to the length of retain their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. salary.
6.8 An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice given notice of recall to an employee layoff shall be made by hand delivery, give the option to leave vacation and sick leave on the books for up to one year or certified mail, or by other carrier using return receipt, to receive payment for vacation at the last known address time of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of servicelayoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s (1) Seniority shall be a unit member's length of continuous regular service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following since the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for employment at the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University SeniorityAcademy. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union A unit member with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility work year of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. twelve (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee 12) months shall not be considered to have further displacement rights until suffered a break in service during the employee would months which are not included within the unit member's work year
(a) Within thirty (30) days of the execution of this Agreement, the Academy shall establish a seniority list by department and job classification, with the unit member with the greatest seniority listed first. The seniority list shall be brought up to date every six (6) months.
(b) Such seniority list(s) shall be posted in all areas where unit members are employed. A copy of such list(s) shall be sent to the MSEA office in Augusta.
(c) Any objections to the seniority list, as posted, must be reported to the Director of Human Resources within thirty (30) days from the date posted or the list shall stand accepted. Any unresolved objection made in accordance with the foregoing procedure shall be subject to layoff againthe grievance procedure.
B. Layoff shall mean the discontinuance of Academy employment of a unit member for bona fide financial or program reasons. Employees may choose layoff rather For purposes of this Article, a unit member with a work year of less than exercise their displacement right. Such employees will twelve (12) months shall not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rightsduring the months which are not included within the unit member's work year.
L. Employees C. Unit members with continuing appointments with less than five (5) years service shall be notified receive at least three (3) months notice of layoff in writing by the University at least fourteen or two (142) calendar days months pay in advance lieu of the layoffnotice. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have Unit members with continuing appointments with five (5) days after receipt or more years of the fourteen service shall receive at least four (144) day notice, excluding weekends and holidays, to notify the University in writing months notice of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days months pay in lieu of notice. One week of additional severance pay will be received by unit members with continuing appointments for each year or partial year of Academy service. The entitled weeks of layoff and severance pay will be paid at the biweekly pay period until the obligation of the Academy has been discharged. If the unit member is re-employed by the Academy during the layoff and severance pay period, remuneration under this Article shall be reduced by the amount of salary paid in the position in which re-employed.
D. Full-time regular and eligible part-time regular unit members who have been laid off shall be eligible to participate at their cost in Academy group health and dental insurance for eighteen (18) months or such other period as stipulated by applicable Federal or State law, following the effective date of layoff. Unit members who desire to maintain health and dental insurance in accordance with this Article must so notify the State upon receipt of notice COBRA notification as explained therein. If such information is not included in the COBRA notification, or if an employee does not receive a COBRA notification, the employee should contact the Human Resources Department at the Academy.
(1) For one (1) year following the effective date of layoff, a unit member who has been laid off shall be placed on a recall list and shall be sent campus position vacancy announcements. For this purpose, it shall be the unit member's responsibility to keep the Academy advised of his/her intention to return to work. The current address and personal email address.
(2) A unit member who is re-employed in the same position or an equivalent position within one (1) year of the effective date for returning to work of layoff shall be no less than seven placed in the same wage grade and step obtained prior to the layoff.
(73) calendar days from Unit members re-employed within one (1) year of the effective date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject retain their seniority accumulated prior to the employee layoff.
F. When a layoff is ordered, the Academy shall notify the MSEA Augusta office and shall make available to termination of servicethe Association all relevant information upon request.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s Seniority shall be defined as length of continuous service with the University from Department of Public Safety, except as otherwise specified in the employee’s most recent date of hire into contract. New employees not certified police officer, shall serve a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire one(1) year probationary period fails after completion of training at the Police Academy, which may be extended up to report to work as scheduled or fails to report after any authorized absence or layoffan additional ninety (90) days by mutua1 agreement of the parties. During this probationary period, the employee may be terminated effective on discharged without recourse to the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University grievance procedure. Upon completion of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with considered permanent and placed on the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unitlist retroactive to his/her date of hire.
c. Except for laid-off a. New employees who are awarded certified police officers, i.e., from another jurisdiction or Delaware Council on police training, shall serve a non-Bargaining Unit positionsix month probationary period upon completion of the field training program, once which may be extended up to an employee has completed additional ninety (90) days by mutua1 agreement of the employee’s probation in a non-Bargaining Unit positionparties. Seniority shall be used for, but not limited to, the following:
a. Vacation and Compensatory Time
b. Overtime
c. Educational Opportunities
x. Xxx-off or Recall An employee relinquishes all forms who is given notice of Bargaining Unit seniority and lay-off shall be treated as given the option to leave accrued vacation, compensatory time, and sick leave on the benefit roster for up to one year or receive payment for vacation at the time of lay-off, pursuant to University policy. If a new employee layoff in any classification is necessary or a position is to be eliminated, the event University shall notify the employee returns Union and the affected employees immediately. The University and representatives from the union will meet to determine the options available to the unit.
d. Once a Bargaining Unit employee is promoted out of affected employees and other employees who would be affected by the Bargaining Unit, bumping process. All affected employees will be allowed to exercise the employee does not retain any Bargaining Unit rights except those options listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. below. The University will provide and the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have will attempt to complete this process within ten (10) working days after days. After the list bumping process is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time periodcompleted, the list employee to be laid off will be given at least ten (10) days notice by the University. Probationary employees shall be deemed accurate for the remainder of the posting period; laid off before any permanent employees. Employees who are hired in a training program and if while in such trainee status, shall not bump employees who are not in a question is received, the list will be reviewed and revised as appropriatetraining position. If two (2) or more Permanent employees have the same University Seniority date, who transfer into a training program retain bumping rights in their names shall be listed alphabetically last name first, first name lastformer classification.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. a. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. shall be awarded any vacant position for which he/she is qualified.
b. If there is no less senior employee within the classification, such vacant position the employee may displace a less senior bump the junior employee doing similar type work in any classification at the same or lower pay grade, provided he/she has sufficient seniority. Employees who are laid off shall be eligible for recall for one (1) year. They shall be recalled to vacancies existing anywhere in the Bargaining Unit for which they are qualified with the senior qualified employee being the first to be recalled. Failure to respond within five (5) working days to a recall or to be available to begin work within two (2) weeks following notice by certified mail shall disqualify the employee has previously served, or an equivalent or lower classification that the employee is qualified for claim to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications Notice shall be determined by a thirty-day probationary period if considered given when mailed to the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff last address received in writing by the University at least fourteen (14) calendar days in advance Office of Human Resources from the layoffemployee. Except for extraordinary circumstances such as acts of God or hospitalization, the The employee shall have five (5) days after receipt be responsible for keeping the Office of the fourteen (14) day notice, excluding weekends and holidays, to notify the University Human Resources informed of any changes in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resourcesaddress. An employee who is reinstated exercises bumping rights to another position shall not serve a probationary period upon reinstatement except where retain their salary. However if the employee was exercises bumping rights in a probationary employee and the probationary period shall begin anew. Notice of recall to an employee department other than Public Safety or another Local other than Local 867, their salaries shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon adjusted in accordance with the Union. Failure to return from layoff shall subject particular classification the employee to termination of servicewill be moving into.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Bargaining unit seniority shall be defined as the employee’s length of continuous service employment in the bargaining unit and is compared with others within the University from groupings, as defined below in paragraph B.
1. Only members of the employee’s most recent bargaining unit shall accrue seniority within the unit. Overload Aides and Temporary employees shall not establish a date of hire into a Bargaining Unit position. This date will be considered for purposes of accruing seniority in the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quitsbargaining unit.
2. If A probationary bargaining unit member shall have no seniority until the employee retirescompletion of the probationary period at which time seniority shall revert to the individual’s first day of work.
3. If Unpaid leaves of absence shall not constitute an interruption in continuous employment. Seniority date adjustments made from July 1, 1997 – August 15, 2006 for unpaid leaves of absence shall remain in force. Excessive use of unpaid leaves (docked days), except for medical reasons for the employee member or in the individual’s immediate family, is dischargeddiscouraged and may result in disciplinary action.
4. If Seniority shall continue to accrue for up to sixty (60) days of an approved medical leave for the employee who has completed the new hire probationary period fails to report to work as scheduled individual or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailimmediate family member.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation Days worked in a non-Bargaining Unit position, bargaining unit position shall not be used for seniority purposes or for establishing a date of hire within the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the bargaining unit.
d. Once 6. Should a Bargaining Unit employee bargaining unit member transfer to a non-bargaining unit position with the Xxxxx Public Schools, seniority shall not continue to accrue; however, the unit member shall have his/her seniority frozen until such time as he/she may return to the bargaining unit.
7. Seniority shall be lost should the bargaining unit member resign, retire, or is promoted discharged or is out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments bargaining unit for the purpose a period of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name lastcalendar years.
E. B. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, groupings in this section are used to determine seniority for layoff and retirements in the Bargaining Unitrecall purposes. The list will include the name of the employee Grouping A: Special Education Interpreter Assistants Grouping B: Success Learning Center Assistants Elementary Library Assistants Elementary Computer Lab Assistants Middle School Library Assistants Middle School Computer Lab Assistants High School Library Assistants Grouping C: Tutor Advocates Kindergarten Aides Literacy Aides (Grades 1 and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (302) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:Special Education Assistants MTSS Aides Success Learning Center Assistants
1. The University will continue its efforts to minimize seasonal layoffs; but if there Seniority is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, gained within the provisions of this Article regarding layoffs are not applicablegroup (A,B,C) and all groupings below it.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment2. The University retains the right to determine layoffs in foregoing seniority as a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined bargaining unit member by grouping shall be utilized in Article 16 – Classifications12 Section D.3.b.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL.
A. “University seniority” is Seniority shall be defined as the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status employment in a Bargaining Unit positionclassification (See Appendix A) in the bargaining unit.
B. An employee’s seniority shall terminate:
1. If the employee quitsA bargaining unit member who works in more than one (1) classification shall be entitled to accrue seniority in all such classifications for as long as he works in more than one (1) classification.
2. If Employees who transfer between classifications, shall have their seniority in the employee retiresformer classification frozen.
3. If Only members of the employee is dischargedbargaining unit shall accrue seniority within the unit. Non-bargaining unit employees who perform bargaining unit work as temporary employees, such as supervisors and student employees whether enrolled in a formal work program or not, shall not establish a date of hire for purposes of accruing seniority in the bargaining unit.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may Days worked in non-bargaining unit classifications shall not be terminated effective on the 7th day following the used for establishing a date of mailing a letter from hire or for purposes of accruing seniority in the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mailbargaining unit.
5. When an employee is assigned out Should a bargaining unit member transfer to a non-bargaining unit position within the Xxxxxxx Public Schools, seniority shall not continue to accrue; however, the unit member shall have his seniority accrual frozen until such time as he may return to the bargaining unit.
6. Part-time bargaining unit members shall accrue seniority as if they were employed full time.
7. A bargaining unit member who has been laid off, whether in full or in part, shall accrue seniority as if he were employed full time.
8. A probationary bargaining unit member shall have no seniority until the completion of the Bargaining Unit probationary period at which time seniority shall revert to his first day of work.
9. Unpaid leaves of absence granted pursuant to this Agreement shall not constitute an interruption in continuous service.
10. A bargaining unit member shall lose his seniority only for the following provisions will applyreasons:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary periodHe resigns or retires.
b. If an employee leaves He is discharged and the Bargaining Unit to take a non-Bargaining Unit position and returns to discharge is not reversed through the Bargaining Unit for reasons other than those grievance procedure set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unitin this Agreement.
c. Except for laid-off employees who are awarded When the Employer offers him a non-Bargaining Unit position, once an employee has completed position equivalent to that held prior to layoff and he refuses the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unitsame.
d. Once a Bargaining Unit employee is promoted out When the bargaining unit member fails to return from an unpaid leave of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University absence within three (3) working days of the end of said leave.
e. When the bargaining unit member is absent for three (3) consecutive working days without notifying the Employer. Exceptions may be made by the Superintendent.
f. After such absences, as listed in d and e above, the Employer will send written notification to the bargaining unit member at his last known address that he has lost his seniority, and his employment has been terminated. If the disposition made of any such case is not satisfactory, the matter may be referred to the grievance procedure.
g. If the bargaining unit member is continually laid off for a period of two (2) years, the Employer will send written notification to the bargaining unit member at his last known address that he has lost seniority and that his employment has been terminated.
11. The Employer shall prepare, maintain and post the seniority list annually. Posting shall occur by October 15. A copy of the seniority list and subsequent revisions shall be furnished to the Association President.
a. The seniority list shall be by classification and shall include the name and job title of all bargaining unit members entitled to seniority in the bargaining unit.
b. Any errors in the seniority list shall be brought to the attention of management within ten (10) working days of posting.
B. It is within the Employer's right to layoff and eliminate staff.
1. Layoff shall be defined as a reduction in the work force due to economic necessity, but shall not include the temporary reduction of bus drivers and cafeteria help during the summer months.
2. Bargaining unit members to be laid off shall be provided with written notice at least fourteen (14) calendar days prior to the effective date of said layoff. Bargaining unit members whose positions have been eliminated shall be notified of such elimination.
3. In the event of a layoff, the following procedure shall apply:
a. All temporary employees within the affected classification(s) shall be laid off unless there is no qualified bargaining unit member to perform the work.
b. Should further reduction be necessary, probationary bargaining unit members within the affected classification(s) shall be laid off unless there is no qualified, non-probationary unit member to perform the work.
c. Should further reduction be necessary, bargaining unit members shall be laid off in accordance with their seniority status with the least senior bargaining unit members within the classification to be laid off first unless there is no other qualified unit member to perform the work. In the event a bargaining unit member is unable to maintain a position within his/her classification through the procedure set forth in the paragraph immediately above, the bargaining unit member will be assigned to the position held by the least seniored bargaining unit member in another classification in which the displaced bargaining unit member has frozen seniority as set forth in Section A(s) above.
4. If two (2) or more bargaining unit members have the same seniority, the following procedure will be used at the time of layoff to determine who is laid off:
a. If one (1) bargaining unit member has more paid service to the Employer, that bargaining unit member shall remain.
b. If the bargaining unit members remain equal after (a), the bargaining unit member with the most verifiable comparable paid service outside the Employer shall remain.
c. Should more than one (1) bargaining unit member still share the same date of hire, relative rankings on the seniority list shall be determined by a drawing conducted by the Superintendent and the Association President.
5. In no case shall a new employee be hired while there are laid off bargaining unit members who are qualified for a vacant or newly created position.
6. The Employer shall not be obligated to hire a unit member on reduced hours for new work or a new job available within the member's classification if the new work or job, combined with the unit member's reduced hours, results in an assignment in excess of eight (8) hours per day or forty (40) hours per week. The unit member on reduced hours may, however, select between the two (2) jobs.
7. Bargaining unit members whose positions have been eliminated or who have been affected by a total layoff shall have the right to bump into a position within their classification for which they are qualified and which is occupied by the least senior bargaining unit member. A custodian shall also have the option of bumping the least senior bargaining unit member on his shift. In the event a bargaining unit member is unable to retain a position within his/her classification, the bargaining unit member shall be reassigned to a position held by the least seniored bargaining unit member in another classification in which the displaced bargaining unit member has frozen seniority as set forth in Section A(2) above.
8. In the event of a reduction in work hours, a bargaining unit member with greater seniority may use the same to maintain his normal work schedule by bumping into a position within his classification for which he is qualified and which is occupied by the least senior bargaining unit member. A custodian shall also have the option of bumping the least senior bargaining unit member on his shift. In the event a bargaining unit member is unable to retain a position within his/her classification, the bargaining unit member shall be reassigned to a position held by the least seniored bargaining unit member in another classification in which the displaced bargaining unit member has frozen seniority as set forth in Section A (2) above.
9. A bargaining unit member in a "lead" or "head" position shall not be bumped out of a position except by a more senior bargaining unit member who occupies a "lead" or "head" position within the same classification.
a. Head custodians who are more senior shall have the right to displace another head custodian or custodian.
b. Head cooks who are more senior shall have the right to displace another head cook or cook.
c. Maintenance personnel shall have the right to move into the custodial classification, but custodial personnel shall not have the right to move into the maintenance classification unless the custodian can establish qualifications for moving into the maintenance position.
10. At his option, a laid off bargaining unit member shall be granted priority status on the substitute list in accordance with his seniority.
11. At the Superintendent's discretion, a bargaining unit member threatened with loss of work may transfer to another classification provided he is the most senior qualified bargaining unit member among those to be laid off and/or reduced.
12. In the event of a layoff, the Association and the Employer may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of layoff.
a. A bargaining unit member may, at his option, without prejudice to his seniority and other rights under this Agreement, waive his seniority in the event that the employer institutes a layoff during the term of this Agreement.
b. Should the bargaining unit member elect to waive his seniority rights, such waiver shall not be construed to be a waiver of the bargaining unit member's right to be recalled from such layoff.
c. If such an agreement is reached, the Individual Agreement Form which is attached to and incorporated into this Agreement as Appendix B shall be completed by the bargaining unit member and filed by the Employer.
d. It is understood that a bargaining unit member who elects a voluntary layoff shall be recalled to a position which is equivalent to that occupied prior to the layoff and for which he is qualified as soon as such work is available.
13. For purposes of this Agreement, qualifications shall be defined as possessing the skills required for a job as delineated in the respective job description.
14. Bargaining unit members shall not accrue sick leave or vacation time while on layoff, but shall have all rights restored to them upon recall to employment.
X. Xxxx off bargaining unit members shall be recalled in order of seniority within classification, with the most senior being recalled first, to any position within classification for which they are qualified.
1. Notice of recall shall be sent by certified or registered mail to the last known address as shown on the Employer's records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work.
2. A recalled bargaining unit member shall be given five (5) working days from receipt of notice of his/her intention to return report to work.
3. The date Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for returning work, provided the unit member reports within the above five (5) day period.
4. Bargaining unit members recalled to work a position for which they are qualified and which equals the number of hours assigned at the time of layoff, are obligated to take such work. A unit member who declines recall to such a position shall forfeit his seniority rights and be terminated.
5. It shall be no less than seven the bargaining unit member's responsibility to keep the Employer notified as to his current mailing address.
6. Should the bargaining unit member fail to respond within ten (710) calendar working days from date receipt of notice received unless mutually agreed upon with the Union. Failure to return from layoff written recall, he shall subject the employee to termination of servicebe considered as having resigned.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments Seniority for the purpose of this Article are promotion or transfer shall be defined in Article 16 - Classificationsas the total length of consecutive service within the District including time on authorized leave of absence. Seniority for the purpose of layoff shall be defined as the total length of consecutive service within a job title, including time on authorized paid or unpaid leave of absence.
D. The University will B. If the District determines the need for a reduction in its work force; the District shall provide the Union Association with three (3) copies of a seniority list on March 1, and September 1, that includes each classified member’s date of each year showing the seniority of each employee in the Bargaining Unit by University Seniorityhire. Any employee shall have ten (10) working At least 30 days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list notice shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more provided to employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. unless the District is responding to an unanticipated reduction in revenue. Employees shall be notified of layoff laid off within a job title in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse inverse order of their seniority as defined above. When forces again increase, employees shall be returned in the layoff procedure specified hereininverse order from which they were laid off. Employees No new employees shall have recall be hired into the title from which employees are laid off, remain eligible for recall, and reinstatement rights for remain qualified to perform. Layoff status shall automatically terminate twenty-four (24) months after the period of time equal to the length of their Bargaining Unit seniority from the effective date of the layoff. HoweverIf an employee to be laid off has held another position in the District within the past five (5) years, after two years that employee may move to the affected employeeprevious position if they has more District seniority than an employee in the position to be assumed, if interestedin the District's judgment the employees are equally qualified. Classified staff members who are laid off will be given consideration as substitutes; such will not affect the member’s recall rights. Recall notice shall be sent by certified mail, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than have seven (7) calendar days from date of notice received unless mutually agreed upon receipt to accept the position. The laid-off employee must report to work with the UnionDistrict within three (3) weeks of receipt of the notice or shall be considered to have resigned. Failure All benefits to which a member was entitled at the time of layoff, including unused accumulated sick leave, and seniority, will be restored to the member upon the member’s return to active employment; and the member will be placed on the proper step of the salary schedule for the member’s current position. A member will not receive increment credit for the time spent on layoff. Employment benefits to not accrue during the time of layoff.
C. When the District has determined the need to reduce hours in existing positions prior to making a decision to reduce hours for specific employees, the District will discuss the proposed changes with the employees involved and the Association. If the District chooses not to reduce hours by subtracting all lost hours from layoff the least senior employees in that title, the situation will be reviewed with the Association officers. The Association shall subject be provided with the employee opportunity to termination present a plan that would be consistent with the needs of servicethe District and still utilizes a strict seniority system for reducing hours. If the plan presented by the Association is not acceptable, the District shall inform the Association of the reasons why the plan is not consistent with the needs of the District.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s (a) Seniority for Regular Full-Time Employees and Regular Part-Time Employees shall be defined as length of continuous service with the University from the employee’s most recent date Corporation; sick leave, illness, injury, layoff, or approved leave of hire into a Bargaining Unit position. This date will absence shall not be considered the date that the employee begins active pay status in a Bargaining Unit positionas an interruption of such service.
B. An employee’s seniority shall terminate:
1. If (b) In the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or event of layoff, the employee employees within each Division i.e., the Inside Division, the Engineering Division (Public Works Department and Sewer Department) and the Parks and Recreation Division, (Parks Department and Recreation Department), with the least seniority shall be first laid off, provided however, that employees with special skills or qualifications may be terminated effective on retained to fill positions requiring such special skills regardless of length of service. Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University control of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualificationsCorporation, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s Corporation shall notify all Regular Full-Time Employees and Regular Part-Time Employees who have completed their probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees period who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall to be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have laid off at least ten (10) working days after prior to the list is prepared and posted in the departments to question the employee’s position on that listeffective date of layoff. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and has not had the date of opportunity to work during the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty ten (3010) days prior referred to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classificationabove, the employee may displace a less senior employee shall be paid for those days for which work was not made available. Employees who have been laid off shall be recalled to work in the reverse order of their layoff from their respective Division provided they are qualified to perform the available work. Alternatively, employees on layoff shall be afforded the first opportunity to work in any classification in which the employee has previously servedother Division, or an equivalent or lower classification provided however, that the employee possesses the necessary skills for, and is qualified to holdcapable of performing the work which may be available. If there is no other classification availableIn the event of recall, the employee may displace Corporation shall send laid-off employees a registered letter or a telegram forwarded to the full time employee with last address furnished by the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise shall notify the Corporation in writing of their displacement right. Such employees will not be considered intention to have waived their recall rights, nor negatively affect their return to employment rights.
K. An employee’s displacement rights shall be subject to fulfillment within seventy- two (72) hours of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications delivery of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees notification and shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except report for extraordinary circumstances such as acts of God or hospitalization, the employee shall have work within five (5) days of their written acceptance of recall.
(c) Employees who are laid off after receipt less than one (1) year's service with the Corporation shall retain their seniority for a period of six (6) months, and employees who are laid off after one (1) year of service with the Corporation shall retain their seniority for a period of one (1) year. Employees hired on or after 1992 April 27 shall retain their seniority for a period of six (6) months following a layoff.
(d) Employees who have voluntarily left the service of the fourteen (14) day notice, excluding weekends Corporation or who have been discharged for proper cause shall lose their seniority and holidays, to notify the University in writing be deprived of the employee’s intention to exercise the employee’s displacement any further rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsunder this Collective Agreement.
M. Employees will be recalled to work in reverse order of (e) The Corporation shall provide the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit Union with an up-to-date seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be list no less later than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceMarch 31st each year.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” 11.01 Seniority is the employee’s defined as length of continuous service with within a department at the University Hotel at which the employee was hired. Length of service at the Executive Hotels shall be used to calculate vacation pay entitlement. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall begin from the employee’s most recent date on which they become a regular employee as per Article 5.03. Departments and classification are defined in Schedule "A".
11.02 Seniority lists shall be maintained at all times by the Employer. A list of hire into a Bargaining Unit position. This date employees, showing their names ranked according to seniority in each job classification will be considered emailed to the Union quarterly, by fifteenth (15th) day of the month following the quarter, to permit inspection and to allow the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 Seniority rights shall cease for an employee who:
a) voluntarily terminates their employment;
b) is discharged and such discharge is not reversed through the grievance procedure;
c) is laid off for a continuous period of more than six (6) consecutive months;
d) does not return to work on the date that specified following an approved leave of absence other than medical leave;
e) accepts a promotion or transfer to a position outside the employee begins active pay status in a Bargaining Unit positionbargaining unit.
B. An employee’s seniority 11.04 When the Employer deems it necessary to reduce the work force, they shall terminateinform the Union on the need for layoffs. When a reduction of workforce is required, the Employer shall determine the order of layoff based on all of the following considerations:
1a) departmental seniority of the employees;
b) ability and qualification of the employees to perform the work;
c) disciplinary records which reflects on work attitude. If The above considerations shall also guide the employee quitsEmployer and the Union when employees on layoff are recalled.
2. If the employee retires.
3. If the employee is discharged.
4. If the 11.05 a) An employee who has completed been laid off and wishes to be recalled must insure that the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, employer has a current phone number and address for purpose of recall. Failure on the part of the employee to provide this information may be terminated effective on the 7th day following the date of mailing a letter from the University advising result in the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduledforfeiting their recall rights. The letter shall Employer agrees that recall notification will be mailed via certified by direct contact (including personal contact and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rightstelephone contact).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten failing to report for duty within forty-eight (1048) working days after the list is prepared hours, excluding Saturday and posted in the departments to question the employee’s position on that list. If no question is received within Sunday, from the time periodof such notification, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsresigned without notice.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:SENIORITY
1. If Employees hired into the employee quitsbargaining unit shall be placed on the seniority list on their first day of work in the bargaining unit.
2. A seniority list shall be maintained by the district. Employees shall be ranked in order of seniority. Accompanying the name of each employee shall be a listing of the employee’s certification and endorsements. Said seniority list shall be emailed to each bargaining unit member by October 31 each year. Corrections shall be brought to the attention of the administration within thirty (30) days. Thereafter, the seniority list will be considered final. REDUCTION OF PERSONNEL It is understood by the parties that determining teacher staffing level and any reduction of staff is within the sole discretion of the Board. The following procedures shall be used in any reduction of staff, laying off and recalling teachers.
A. If layoffs are necessary, teachers in that area of certification will be laid off in inverse order of seniority provided all other factors distinguishing those teachers from each other are equal as determined in section D below.
B. The Association will be notified of a contemplated reduction in personnel at least ten (10) calendar days prior to layoff notices being given to teachers. Teachers being laid off shall notified in writing no less than thirty (30) calendar days prior to the effective date of layoff.
C. Certification shall be defined as holding the required certificates, endorsements, licenses, and/or approvals required by law to serve in the position assigned.
D. Qualifications (being qualified) shall be defined as holding appropriate certification for the position, severity of the teacher’s disciplinary record, relevant special training, and the most recent year-end evaluation rating.
E. The certification and qualifications of a teacher to be laid off shall be the certification and accumulated qualifications on file with the Board at the time the layoff notification to the Association occurs. The certification and qualifications of a teacher to be recalled from layoff shall be the certification and qualifications on file with the Board at the time the notice of recall from layoff. It is the teacher's responsibility to notify the Board, in writing, of any inaccuracies in Board records and/or any changes to their certificates, as they occur.
F. The Board shall give written notice of layoff or recall by sending a registered or certified letter to the teacher at their last known address. The teacher's address as it appears on the Board's records shall be conclusive when used in connection with layoff, recall, or other notice to the teacher. It shall be the responsibility of the teacher to notify the Board of any change in address.
G. Teachers have a right to recall for two (2) years from the effective date of layoff provided they did not receive an overall rating of less than effective in their most recent year-end evaluation. They will be recalled in each area of certification in seniority order (highest senior teacher first) provided all other factors distinguishing those teachers from each other are equal as stated in section D above.
H. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period teacher fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have within ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of the recall notice of his/her intention to return to work. The date a position for returning to work which the teacher is adequately certified and qualified, the teacher shall be no less than seven (7) calendar days from deemed a voluntary separation and shall forfeit any further right of recall.
I. The Board's obligation to pay salary, fringe benefits and all other benefits under this collective bargaining agreement is suspended for the duration of any layoff. All insurance benefits will continue in effect until the effective date of notice received unless mutually agreed layoff. Thereafter, upon with carrier approval, a laid off teacher may continue insurance coverage under COBRA at no expense to the Union. Failure to return from layoff shall subject the employee to termination of serviceemployer.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s Seniority shall be defined as length of continuous service with the University City from the employee’s 's most recent date of hire into a Bargaining Unit positionhire, unless otherwise specified in this agreement. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If Where two (2) or more employees have are hired on the same University Seniority date, their names a coin flip will decide seniority.
B. Seniority shall be listed alphabetically last name first, first name lastbroken only under the following circumstances:
1. When the employee resigns;
2. When the employee is involuntarily terminated; or
3. When the employee retires.
E. The University will C. In the event the Employer determines a layoff is necessary, the Employer shall provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unitopportunity to provide alternatives to the proposed layoff. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. HoweverWhen possible, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segmentUnion, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right employees to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees off, shall be notified of their impending layoff in writing by the University at least fourteen ten (1410) calendar days in advance of the layoff. Except for extraordinary Under no circumstances such as acts shall an employee be laid off without having at least forty-eight (48) hours prior notice. It is understood that pay may be given in lieu of God or hospitalizationnotice.
D. Prior to initiating a layoff, the employee shall have five Employer will first ask for volunteers to be laid off. If layoffs are still necessary, the Employer will first discharge full and/or part-time employees who for whatever reason, do not contribute to Public Employee Retirement Association (5PERA) days after receipt of probationary employees (including temporary, and seasonal), then part-time regular employees, in that order, from the fourteen (14) day notice, excluding weekends and holidays, to notify classifications affected by the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsimpending layoff.
M. Employees E. If a layoff is still necessary after following the provisions contained in D above, employees will be recalled to work laid off in reverse order of the layoff procedure specified herein. Employees seniority.
F. Laid off employees shall have be eligible for recall and reinstatement rights for the a period of time equal to two (2) years. During the length recall period, employees will be recalled in reverse order of their Bargaining Unit seniority from the date of the layofflayoff within classification. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated The Employer shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice notify employees of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of registered mail at his/her intention last known address. Employees being recalled shall be allowed a maximum of fifteen (15) workdays to return to work. The date for returning report to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Unionafter receiving notification. Failure to return from layoff shall subject report for work within the employee to termination of service.fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University The Employer shall give an Employee in the bargaining unit, who has acquired seniority and who is to be laid off for a period of more than eight (8) weeks, notice in writing of her layoff in accordance with the following schedule:
(i) Up to two (2) years service – two (2) weeks notice.
(ii) Thereafter, one (1) week of notice for each year of service, to a maximum of eight (8) weeks notice. An employee who is subject to layoff shall have the right to either:
(i) Accept the reduction in hours; or
(ii) Accept the layoff; or
(iii) Displace an employee who has the lesser bargaining unit seniority in any classification providing the employee originally subject to layoff has the qualifications, skills and abilities necessary to perform the duties of the job within the normal orientation period (minimum 3 days) and without training. Laid off employees must exercise their bumping rights within five (5) working days from the date they are notified of the layoff. Any other employee so bumped must exercise their bumping rights within three (3) working days of their being bumped and so on, on a three (3) working days maximum basis for each involved employee. A laid off employee shall have opportunity of recall from a layoff to an available opening, in order of seniority” , provided he/she has the qualifications, skills and abilities to perform the work before such opening is filled under the job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. Under no circumstances will an employee on the recall list be able to accept or bump into a position ahead of an employee with more seniority. Under no circumstances will an employee be able to use the bumping or recall language to obtain a position that provides a greater number of hours over their original position. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Home shall not act in an arbitrary or unfair manner. No new employees shall be hired until all those laid off have been offered the opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found not to have the qualifications, skills and abilities necessary to perform the position available. It is the employee’s length sole responsibility of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed been laid off to notify the new hire probationary period fails Home of its intention to report return to work as scheduled or fails within five (5) working days (exclusive of Saturdays, Sundays and paid holidays) after being notified to report after any authorized absence or layoffdo so by registered mail, addressed to the employee may last address on record with the Home (which notification shall be terminated effective deemed to have been received on the 7th second day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention mailing) and to report return to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have within ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unitbeing notified. The list will include notification shall state the name of job to which the employee is eligible to be recalled and the date of and time at which the action.
F. employee shall report for work. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs employee is solely responsible for his/her proper address being on record with the Union in a scheduled labor management meetingHome. However, the University and the Union recognize that due Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to lack of funds or lack of work, exceed four (4) weeks. An employee who has been recalled to such temporary and permanent layoffs may vacancy shall not be required to effectively accept such recall and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1may instead remain on layoff. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees a different classification from which he/she was laid off shall have the privilege of returning to the position he/she held prior to the layoff, should it become vacant within four (4) months of being recalled. In the event that a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall be paid for the holiday. A laid off employee shall retain the rights of recall and reinstatement rights for a period of twenty-four (24) months from the date of layoff or the period of time equal to the length of their Bargaining Unit seniority from at the date time of layoff, whichever is the lesser. An employee affected by layoff who has also exercised their rights under the Reduced Work Week provision, will have an opportunity to adjust their Reduced Work Week schedule at the time of the layoff. However, after two years the affected employee, if interested, Such employee will have ten (10) days to provide the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon employer with the Union. Failure to return from layoff shall subject the employee to termination of servicetheir decision.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority
14.1 Seniority shall mean the employee’s length of continuous service of permanent workers with the University from Employer. Layoff and Recall
14.2 At such time as the employee’s most recent date of hire into Employer believes there may be a Bargaining Unit position. This date will be considered the date that the employee begins active pay status need for a reduction in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffforce, the employee may be terminated effective on Employer shall inform the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining UnitUnion in writing, and the parties will meet to attempt to find ways to avoid the reduction. If, after attempts to find alternatives to the reductions, it becomes necessary to permanently reduce the workforce in any fashion, any laid off employee is later found not to have met shall receive two (2) weeks compensation for each year worked, with partial years prorated on a monthly basis with no minimum. Under no circumstances shall the posted qualificationsEmployer provide the Union with less than a ninety (90) day advance notice of any reduction.
14.3 In the event the Employer proceeds with layoffs, the employee may Employer shall implement the layoff in the bargaining unit classification affected as follows (provided that the remaining employees have the ability to perform the needed work with reasonable orientation). The Parties agree that seniority shall be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary periodprimary factor in determining layoffs whenever possible.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons A. Temporary workers (including consultants, contractors, or any other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation worker doing bargaining unit work in a non-Bargaining Unit permanent position, the employee relinquishes all forms );
B. Full and part-time probationary workers;
C. Full and part-time non-probationary workers in inverse order of Bargaining Unit seniority and shall be treated as a new employee seniority.
14.4 The least senior worker in the event the employee returns to the unit.
d. Once location experiencing a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee layoff shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority bump the least senior worker in the same classification throughout affected classification in the UniversityLocal. If there is no less senior Any employee within the classificationlaid off or demoted shall be placed on a reinstatement list for a period of eighteen (18) months. In reinstating laid off workers, the employee may displace a less most senior employee in any classification in which person on the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority reinstatement list in the lowest classification University-wide who may then displace classification to be reinstated shall be the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsfirst person offered reinstatement.
K. An employee’s displacement rights 14.5 Permanent and full and part-time staff shall be subject to fulfillment placed on a reemployment list in inverse order of qualifications for the positionlayoff. Qualifications Laid off probationary workers shall be determined by a thirtyplaced on the reemployment list following any permanent and full and part-day probationary period if time staff on the employee has bumped into a classification in which the employee has not previously servedlist. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees Vacancies shall be notified of layoff offered to persons on the reemployment list in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse inverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. a) If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. b) If an employee leaves the Bargaining Unit to take a non-non- Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. c) Except for laid-off employees who are awarded a non-non- Bargaining Unit position, once an employee has completed the employee’s probation in a non-non- Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. d) Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. e) This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meetinglayoffs. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs X. Xxxxxxx will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An X. Xx employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen thirty (1430) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen thirty (1430) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights rights. After written notification of the employee’s displacement options, whether contained in the 30-day notice or subsequent notification, the employee shall have one day, excluding weekends and holidays, to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is 15.01 Seniority shall mean the employee’s length of continuous service employment with the University from the employee’s most recent Corporation, commencing with a Firefighter's date of hire into with the Leamington Fire Service.
15.02 The employer shall make a Bargaining Unit position. This date will listing of all seniority Firefighters covered by the Collective Agreement and shall keep a copy of the listing in the office of the employer and provide a true and correct copy to the Leamington Firefighters’ Association.
(a) A newly hired Firefighter shall be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1probationary Firefighter until he has worked for a total of twelve (12) consecutive months. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee A Firefighter who has completed the new hire said probationary period fails and who continues to report be employed by the Corporation shall be considered a seniority Firefighter and shall be placed on the seniority list dating from the first day of their employment with the Leamington Fire Service. Article 8 of this Agreement is not applicable to work as scheduled probationary Firefighters and Article 8 shall not be available to the Association on behalf of probationary Firefighters with respect to discharge, suspension, discipline or fails any matter regarding seniority.
(b) Any person hired to report after any authorized absence or layoff, the employee fill a vacant firefighter position may be terminated effective on designated by the 7th day following Corporation to a firefighter class other than probationary based upon the date of mailing a letter from person’s experience and education in accordance with the University advising prerequisites contained in the employee that they firefighter job descriptions. Such firefighter may be terminated if placed on probation by the employee does not advise Corporation for a period of up to six months. During the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee firefighter shall be credited with receive the employee’s prior seniority salary of the assigned class and Bargaining Unit rights pay Association dues but Article 8 of this agreement shall not apply and Article 8 shall not be credited available to the Association on behalf of such firefighter with respect to discharge, suspension, discipline or any matter regarding seniority. If the firefighter successfully completes the probationary period, then the firefighter will be considered a seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority firefighter and shall be treated placed on the seniority list dating from the first day of employment with the Corporation
(c) Any seniority firefighter promoted to the position of Captain shall be placed on probation until he has worked 12 consecutive months. During the probationary period if either the Fire Chief or the incumbent decides they are unable to fulfill the Captain’s duties, then the member will be reclassified as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining UnitClass 1 Firefighter. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees firefighter will not be considered eligible to have waived their recall rights, nor negatively affect their employment rightsapply for a vacant captain’s position for at least twenty-four (24) months after being re-assigned from Captain to a Class 1 Firefighter.
K. An employee’s displacement rights 15.04 (a) If it is necessary to reduce the number of Firefighters, then layoffs within the Fire Services division shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day occur in the
i) probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 daysFirefighters
ii) Firefighters, the affected employee will be laid off with recall rightsother than Captains iii) Captains.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s (1) Seniority shall be a unit member's length of continuous regular service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following since the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for employment at the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University SeniorityAcademy. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union A unit member with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility work year of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. twelve (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee 12) months shall not be considered to have further displacement rights until suffered a break in service during the employee would months which are not included within the unit member's work year
(a) Within thirty (30) days of the execution of this Agreement, the Academy shall establish a seniority list by department and job classification, with the unit member with the greatest seniority listed first. The seniority list shall be brought up to date every six (6) months.
(b) Such seniority list(s) shall be posted in all areas where unit members are employed. A copy of such list(s) shall be sent to the MSEA office in Augusta.
(c) Any objections to the seniority list, as posted, must be reported to the Director of Human Resources within thirty (30) days from the date posted or the list shall stand accepted. Any unresolved objection made in accordance with the foregoing procedure shall be subject to layoff againthe grievance procedure.
B. Layoff shall mean the discontinuance of Academy employment of a unit member for bona fide financial or program reasons. Employees may choose layoff rather For purposes of this Article, a unit member with a work year of less than exercise their displacement right. Such employees will twelve (12) months shall not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rightsduring the months which are not included within the unit member's work year.
L. Employees C. Unit members with continuing appointments with less than five (5) years service shall be notified receive at least three (3) months notice of layoff in writing by the University at least fourteen or two (142) calendar days months pay in advance lieu of the layoffnotice. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have Unit members with continuing appointments with five (5) or more years of service shall receive at least four (4) months notice of layoff or three (3) months pay in lieu of notice. One week of additional severance pay will be received by unit members with continuing appointments for each year or partial year of Academy service. The entitled weeks of layoff and severance pay will be paid at the biweekly pay period until the obligation of the Academy has been discharged. If the unit member is re-employed by the Academy during the layoff and severance pay period, remuneration under this Article shall be reduced by the amount of salary paid in the position in which re-employed.
D. Full-time regular and eligible part-time regular unit members who have been laid off shall be eligible to participate at their cost in Academy group health and dental insurance for eighteen (18) months or such other period as stipulated by applicable Federal or State law, following the effective date of layoff. Unit members who desire to maintain health and dental insurance in accordance with this Article must so notify the Academy in writing by no later than thirty (30) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the effective date of the layoff. However.
(1) For one (1) year following the effective date of layoff, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee a unit member who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee has been laid off shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy placed on a recall list and shall be forwarded to the Unionsent campus position vacancy announcements. If undeliverableFor this purpose, the University’s obligation it shall be considered the unit member's responsibility to be fulfilled. The recalled employee must notify keep the University within three (3) working days of the date of receipt of notice Academy advised of his/her intention to return to work. The current address.
(2) A unit member who is re-employed in the same position or an equivalent position within one (1) year of the effective date for returning to work of layoff shall be no less than seven placed in the same wage band and step obtained prior to the layoff.
(73) calendar days from Unit members re-employed within one (1) year of the effective date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject retain their seniority accumulated prior to the employee layoff.
F. When a layoff is ordered, the Academy shall notify the MSEA Augusta office and shall make available to termination of servicethe Association all relevant information upon request.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the length of unbroken continuous service within the district and within each job classification or major job function of Custodial/Grounds/Maintenance as a member of the bargaining unit. Accumulation of seniority shall begin on the employee’s length of continuous service with first working day. A paid holiday shall be counted as the University from first working day in applicable situations. In the employee’s most recent event that more than one individual employee has the same starting date of hire into a Bargaining Unit position. This date will work, ties on the seniority list shall be considered broken by the date that of the employee begins active pay status in application for work. If a Bargaining Unit positiontie still exists, the position on the seniority list shall be determined by a drawing.
B. An employee shall lose all seniority should he/she: retire, resign, or be discharged for Just Cause.
C. A new employee shall be considered to be probationary until he/she has completed sixty (60) working days of service in the District. At the District’s discretion, an employee’s probationary period may be extended an additional fifteen (15) days of service. The extension of an employee’s probationary period shall not be subject to the Grievance Procedure. Probationary employees shall be evaluated twice by their immediate supervisor during their probation. Areas identified by the supervisor as being less than satisfactory must be accompanied by recommendations and suggestions for the employee to improve job performance.
D. Probationary employees shall have no seniority until the completion of the probationary period at which time their seniority shall terminate:
1. If the employee quitsrevert to their fist day of work.
2E. All employees shall hold multiple seniority dates. If These shall reflect his/her initial date of hire by the employee retires.District and classification change or permanent change in a major job function of Custodial/Grounds/Maintenance. For the purposes of this provision, all employees shall be placed in one of the following classifications based on their current assignments. Bus Driver Lead Mechanic Bus Attendant Mechanic Food Service Paraprofessional Food and Mail Service Drive Custodial/Grounds/Maintenance (Major Job Function Custodial) Custodial/Grounds/Maintenance (Major Job Function Grounds/Maintenance)
3F. Employees currently in these classifications will be grandfathered and will not be required to pass the District’s competency tests for these positions. If the employee is discharged.
4. If the employee Employees who has completed transfer to another job classification shall retain seniority in their initial classification or major job function of Custodial/Grounds/Maintenance and shall begin accruing seniority in the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following classification from the date of mailing a letter from transfer. In the University advising the event of layoff, any employee that they so transferred who may be terminated if the subject to layoff may transfer back to his/her original job classification or major job function of Custodial/Grounds/Maintenance provided either a position is open, or a less senior employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall can be mailed via certified and regular U.S. Mail“bumped”.
5. When an employee is assigned out G. In the event of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualificationsnecessary reduction in work force, the Employer shall first lay off probationary employees, then the least seniored employees within each job classification or major job function in Custodial/Grounds/Maintenance. In no case shall a new employee may be returned to employed by the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-Employer while there are laid off employees who are awarded qualified for a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his vacant or her prior newly created position.
C. DepartmentsH. Employees whose positions have been eliminated due to reduction in work force or who have been affected by a layoff shall have the right to assume a position for which they are qualified, within their own job classification or major job function in Custodial/ Grounds/segments Maintenance.
I. Notice of recall shall be sent by certified mail to the individual’s last known address. If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be considered to be a voluntary quit.
J. Employees on layoff shall accrue no seniority, but shall have their seniority frozen. Fringe benefits shall not be provided to any laid off employees.
K. In the event of a reduction in the work hours in a classification or major job function of Custodial/Grounds/Maintenance except bus drivers, an employee may claim seniority over another employee for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide maintaining his/her normal work schedule, provided he/she has greater classification seniority than the Union with three (3) copies employee he/she seeks to replace. In no case shall a reduction of a seniority list on March 1, and September 1, of each year showing any employee’s work hours take effect until the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have Employer gives ten (10) work days written notice to the affected employee(s).
L. The Employer shall prepare, maintain and post the seniority list. The initial seniority list shall be prepared and posted conspicuously in all buildings of the District within twenty (20) working days after the effective date of this Agreement and annually thereafter. A copy of the seniority list is prepared and posted in subsequent revisions shall be furnished to the departments to question the employee’s position on that listUnion. If no question challenge is received presented within the time period, ten (10) work days the list shall be deemed accurate accurate. The District will provide notice to the Association of employees who are newly hired, including classification.
M. A laid-off employee shall upon application, and at his/her option, be granted priority status on the substitute list according to his/her seniority. Laid off employees may continue their health, dental and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Employer within rules and regulations of the carrier.
N. Laid-off employees shall be recalled by classification or major job function of Custodial/Grounds/Maintenance in reverse order of layoff to a position for which they are qualified. Any non-probationary employee who has served more than thirty (30) working days in a classification shall be deemed qualified for any position in that classification.
O. Should the District determine the need for the remainder closing of a school building, those affected employees may bump an employee in the same job classification or major job function of Custodial/Grounds/Maintenance who may work more hours and have less seniority in another building, provided the employee is capable of performing the duties necessary for the normal and efficient operation of the posting period; and if classification bumped.
P. Employees on layoff shall retain their seniority for purpose of recall for a question is received, the list will be reviewed and revised as appropriate. If period of two (2) or years. Any employee on layoff for more employees have the same University Seniority date, their names than two years shall lose his/her seniority and any further rights under this Agreement.
Q. There shall be listed alphabetically last name firstno “bumping” across job classification or major job function in Custodial/Grounds/Maintenance, first name lastexcept as provided in paragraph F, supra.
E. The University R. If a shift is split, then the affected employee will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which straight shift on the employee has not previously served. If the employee does not meet the qualifications basis of the position at the end of 30 days, the affected employee will be laid off with recall rightsseniority.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is The Authority shall establish and maintain a seniority list which contains the names and dates of employment of its covered employees with the employee with the longest length of continuous and uninterrupted service to be placed on top of said seniority list. The names of all employees with shorter continuous service shall follow the name of such senior employee’s , in order, until the names of the employee with the shortest length of continuous service with appears at the University end of the list. The seniority of each employee shall date from the employee’s most recent date of hire into a Bargaining Unit positionlast hiring with the Authority. This date will A newly hired full-time employee shall be considered without seniority until becoming permanent, following the date that successful completion of the employee begins active pay status probationary period, as defined in a Bargaining Unit positionArticle VI.
B. Seniority will be given preference, if qualifications are equal, in any transfers, layoff or recall.
C. In the event of a reduction in the number of persons in a job classification or the abolishment of a job classification, the displaced employee may bump into a classification first which carries the same rate of pay; and, secondly into a classification carrying a lesser rate of pay. However, no employee may bump into another classification of pay unless the employee is qualified to perform the duties of the position in question.
D. Notice of any impending layoff shall be served upon affected employee(s) and the Union no later than twenty-one (21) calendar days prior to such layoff becoming effective.
E. An employee’s seniority shall terminatecease under the following conditions:
1. If Resignation or termination of the employee quits.employee’s employment for cause;
2. If Failure of the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective no later than regular shift beginning on the 7th seventh (7th) calendar day following the date of mailing a letter from accompanying the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be notice mailed via by certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned mail to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated last known address as a new employee contained in the event the employee returns to the unit.Authority’s file; and/or;
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name Layoff of the employee and the date of the actionmore than twelve (12) consecutive months.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Seniority shall be defined as the length of unbroken continuous service within the district and within each job classification or major job function of Custodial/Grounds/Maintenance as a member of the bargaining unit. Accumulation of seniority shall begin on the employee’s length of continuous service with first working day. A paid holiday shall be counted as the University from first working day in applicable situations. In the employee’s most recent event that more than one individual employee has the same starting date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffwork, the employee may be terminated effective ties on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and broken by the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in application for work. If a scheduled labor management meeting. Howevertie still exists, the University and position on the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications list shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rightsdrawing.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the B. An employee shall have five (5) days after receipt of the fourteen (14) day noticelose all seniority should he/she: retire, excluding weekends and holidaysresign, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rightsor be discharged for Just Cause.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An C. A new employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three probationary until he/she has completed sixty (360) working days of service in the District. At the District’s discretion, an employee’s probationary period may be extended an additional fifteen (15) days of service. The extension of an employee’s probationary period shall not be subject to the Grievance Procedure. Probationary employees shall be evaluated twice by their immediate supervisor during their probation. Areas identified by the supervisor as being less than satisfactory must be accompanied by recommendations and suggestions for the employee to improve job performance.
D. Probationary employees shall have no seniority until the completion of the probationary period at which time their seniority shall revert to their fist day of work.
E. All employees shall hold multiple seniority dates. These shall reflect his/her initial date of hire by the District and classification change or permanent change in a major job function of Custodial/Grounds/Maintenance. For the purposes of this provision, all employees shall be placed in one of the following classifications based on their current assignments. Bus Driver Lead Mechanic Bus Attendant Mechanic Food Service Paraprofessional Food and Mail Service Drive Custodial/Grounds/Maintenance (Major Job Function Custodial) Custodial/Grounds/Maintenance (Major Job Function Grounds/Maintenance)
F. Employees currently in these classifications will be grandfathered and will not be required to pass the District’s competency tests for these positions. Employees who transfer to another job classification shall retain seniority in their initial classification or major job function of Custodial/Grounds/Maintenance and shall begin accruing seniority in the new classification from the date of receipt transfer. In the event of notice of layoff, any employee so transferred who may be subject to layoff may transfer back to his/her intention original job classification or major job function of Custodial/Grounds/Maintenance provided either a position is open, or a less senior employee can be “bumped”.
G. In the event of a necessary reduction in work force, the Employer shall first lay off probationary employees, then the least seniored employees within each job classification or major job function in Custodial/Grounds/Maintenance. In no case shall a new employee be employed by the Employer while there are laid off employees who are qualified for a vacant or newly created position.
H. Employees whose positions have been eliminated due to return reduction in work force or who have been affected by a layoff shall have the right to workassume a position for which they are qualified, within their own job classification or major job function in Custodial/ Grounds/Maintenance.
I. Notice of recall shall be sent by certified mail to the individual’s last known address. The date for returning If the individual does not report to work within ten (10) work days of receipt of this notice, he/she shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure considered to return from be a voluntary quit.
J. Employees on layoff shall subject accrue no seniority, but shall have their seniority frozen. Fringe benefits shall not be provided to any laid off employees.
K. In the event of a reduction in the work hours in a classification or major job function of Custodial/Grounds/Maintenance except bus drivers, an employee may claim seniority over another employee for the purpose of maintaining his/her normal work schedule, provided he/she has greater classification seniority than the employee he/she seeks to termination replace. In no case shall a reduction of service.any employee’s work hours take effect until the Employer gives ten
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date The Board recognizes that the employee begins active pay status purpose of seniority is to provide a declared policy as to the order of layoff and recall of employees, and for consideration in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If advancement or promotion (if the employee is discharged.
4qualified). If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffopenings subsequently occur, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed with the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and most continuous service shall be treated as recalled first. Employees on layoff status will retain recall rights for a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out period of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the years from date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in within their job category or a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the Universityformerly held job category. If there is no less senior an employee without good reason fails to respond within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt the notice of recall, or refuses to return to work within a reasonable time period when recalled, the fourteen employee shall lose their seniority rights. The Board shall determine what constitutes a good reason for failure to respond or return to work when the employee has been recalled. Good cause shall include, but not be limited to, temporary illness and temporary absence from the city, or appropriate notice of resignation to a current employer, not to exceed two weeks. For the purpose of layoff and recall, seniority is defined as the date of employment in the specific job category. Paraprofessionals are categorized according to their job category as follows:
1. Campus Supervisor – Middle School
2. Clerical Paraprofessional 1
3. Clerical Paraprofessional 2
4. Instructional Paraprofessional
5. Managerial Paraprofessional
6. Security Monitor – High School
7. Special Education Paraprofessional ,
8. Technology Paraprofessional Effective July 1, 2006, existing Instructional/Managerial Paraprofessionals will be reclassified as Special Education Paraprofessionals. Seniority dates identified for Instructional/Managerial Paraprofessional designation will become the seniority date for Special Education Paraprofessional assignment. An employee is to have two (142) day notice, excluding weekends and holidays, to notify the University weeks advance notification in writing of a reduction in staff resulting in their layoff or reduction of hours. Employees with the least continuous service in a job category shall be laid off first. Reductions of more than one
(1) hour per day will afford non-probationary employees’ rights in the order below Similar hours are defined as positions up to one hour less per day and no more annualized hours than the employee’s intention to exercise current assignment.
a) Placement into vacancies in the employee’s displacement rights and to notify same job category with similar hours, or
b) Employee may displace the University least senior employee in writing the same job category with the same/similar hours as long as the displaced employee is less senior, or
c) Employee may displace the least senior employee in a formerly held job category with the same/similar hours as long as the displaced employee is less senior.
d) In lieu of the employee’s displacement selection. Failure above placements, an employee may accept layoff and retain rights to provide written notification of the employee’s intention/selection recall as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work defined in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights Article X. Seniority or apply for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where other positions for which the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceis qualified.
Appears in 1 contract
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is Upon the offer of a position as a non-probationary bargaining unit employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status , as set forth in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining UnitArticle 7 [B], and the employee is later found not to have met acceptance of the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary periodoffer, the employee shall be credited 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 employees, who transfer between classifications, or another bargaining unit, or to a supervisory position, will have seniority in his/her former classification frozen. Bargaining unit employees 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 employee’s social security number with the employee’s prior seniority bargaining unit employee having the higher number being placed first. Seniority shall accumulate while on approved leaves and Bargaining Unit rights but shall not be credited with considered an interruption in continuous service. Bargaining unit employees will lose seniority if the bargaining unit employee quits, retires, is discharged, is absent for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies or more consecutive business days without approval, or fails to return from recall within five (5) workdays.
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 seniority list on March 1, and September 1, of each year showing the seniority of each employee reduction in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted number of bargaining unit employees or a reduction in the departments to question the bargaining unit employee’s position on that listhours. If no question is received within In the time periodevent it becomes necessary to lay off, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list following procedures will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will applyimplemented:
1. The University Temporary and probationary employees within the affected classification will continue its efforts be laid off first, provided that the remaining bargaining unit employees within the classification are qualified and available to minimize seasonal layoffs; but if there perform the work for the positions scheduled to be retained.
2. In the event it is a seasonal layoff of necessary to lay off bargaining unit employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 dayswith seniority, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and bargaining unit employee[s] in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is position being eliminated shall be laid off will first on the basis of seniority, provided that the remaining bargaining unit employees within the classification are qualified and available to perform the work of that position. Bargaining unit employees affected by a layoff shall have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less least senior employee within the classification, the employee may displace a less senior bargaining unit employee in any that classification in which if they are qualified and can perform the employee has previously served, or an equivalent or lower classification duties of that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rightsposition.
K. An employee’s displacement rights shall E. Attempts will be subject made by the Employer to fulfillment of qualifications for the positionkeep bargaining unit employees likely to be affected by layoff informally updated. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will Bargaining unit employees scheduled to be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University given at least fourteen (14) calendar fifteen [15] working days in advance written notice prior to the effective date of the layoff. Except for extraordinary circumstances such as acts of God or hospitalizationUpon request, the Employer will meet with the Association President to view the layoff list prior to its implementation.
F. Bargaining unit employees currently working in the unit shall be eligible for a vacancy before laid-off bargaining unit employees are recalled. However, bargaining unit employees on layoff shall be recalled before granting any positions to external candidates. Bargaining unit employees will be recalled to positions within the classification from which the bargaining unit employee was laid off in the inverse order of layoff, provided the bargaining unit employee is qualified and can perform the work of that position. Notice of recall will be sent by Certified mail to the bargaining unit employee’s last known address on file with the Human Resources Office of the Employer. It shall be the bargaining unit employee’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 employees will have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention workdays to return to work, except under extenuating circumstances authorized by the Superintendent. The date refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit employee who declines a recall for returning to work which she/he is qualified shall be no less than seven (7) calendar days forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of notice received unless mutually agreed upon with the Unionbargaining unit employee’s layoff. Failure Thereafter, a bargaining unit employee shall lose his/her rights to return from layoff shall subject recall.
G. For purposes of layoff, displacement and recall, the requirement that a bargaining unit employee be qualified and able to termination perform the work of servicea 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.
Appears in 1 contract
Samples: Master Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is 9.01 The Corporation further covenants and agrees to make a list of all of the employee’s employees and keep such list in the office of the Corporation, and post a copy thereof at the Water Division and the Pollution Control Centre for inspection at any reasonable time by an elected officer of the Union. Also, a copy of said list to be made up in a manner readily showing the seniority based on length of continuous service with of all employees concerned. Only seniority employees shall be listed on the University from seniority list. The Corporation shall update and post the seniority list as required to ensure it shows the current status of each employee in the bargaining unit.
9.02 An employee’s most recent date of hire into , other than a Bargaining Unit position. This date will casual employee, shall be considered the date that the a probationary employee begins active pay status in a Bargaining Unit position.
B. until he has been employed for ninety (90) calendar days within any period of twelve (12) consecutive months. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire said probationary period fails and who continues to report to work as scheduled or fails to report after any authorized absence or layoff, be employed by the Corporation shall be considered a seniority employee may and shall be terminated effective placed on the 7th day following the date of mailing a letter seniority list dating from the University advising the employee that they may be terminated if the employee does first day of their employment. Articles 10 and 12 of this Agreement are not advise the University of the employee’s intention applicable to report to work as scheduled. The letter shall be mailed via certified probationary employees and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unitfurther, Articles 10 and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but 12 shall not be credited available to the Union on behalf of probationary employees with seniority for service outside the Bargaining Unitrespect to discharge, suspension, discipline or any matter regarding seniority.
c. Except for laid-(a) If it is necessary to reduce the staff of the Water Division or the Pollution Control Centre, employees with the least seniority shall be laid off first and when required shall be recalled in reverse order. Only employees who have attained seniority shall be eligible to be recalled in order of seniority.
(b) No new employees shall be hired at either the Water Division or the Pollution Control Centre until laid off employees in that same Division have been given an opportunity of recall.
(c) No new employees shall be hired for any bargaining unit position until all laid off employees within the bargaining unit who are awarded a non-Bargaining Unit positionqualified to perform the duties of the position have been offered, once an employee has completed the employee’s probation in a non-Bargaining Unit positionorder of seniority, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for 9.04 Seniority shall be based upon the purpose length of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority service of each employee in either the Bargaining Unit Water Division or the Pollution Control Centre.
9.05 The exchange or transfer of any employee in either the Water Division or the Pollution Control Centre to the other Division shall be permitted without loss of credited service. No exchange or transfer of employees shall be permitted which will cause loss of employment to any seniority employee and all exchanges and transfers shall be subject to the approval of the Corporation.
(a) When vacancies or new positions occur within the bargaining unit, and the vacancy or position is to be performed by University Seniority. Any an employee for a minimum of six (6) months within a calendar year, then the Corporation will post notice of the vacancy or position for a period of five (5) working days in a place where all employees may view the posting in order to allow seniority employees to apply.
(b) The Corporation will consider the following factors in determining, which if any of the applicants is to be awarded the position:
(i) the requirements of the posted position and qualifications;
(ii) seniority.
(c) If no applications are received from seniority employees or if none of the applicants are awarded the posted vacancy, the Corporation may then fill the vacancy in such a manner as it determines.
(d) The Corporation may fill the posted vacancy in such a manner as it determines for up to fifteen (15) working days until the vacancy is filled in accordance with Article
9.07 An employee shall have lose his seniority and his employment shall be terminated when the employee:
(a) quits, resigns or retires;
(b) fails to report for work for two (2) consecutive working days without notifying the Corporation and without supplying a reason satisfactory to the Corporation for such failure;
(c) is laid off and not recalled for a period of thirty-six (36) months;
(d) the employee has been laid off and fails to return to work within ten (10) working calendar days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; date the Corporation has sent a notice of recall by registered mail to the last address provided by the employee to the Human Resources Officer and if a question is received, also by registered mail to the list will be reviewed and revised as appropriate. If two (2) or more employees have President of the same University Seniority date, their names shall be listed alphabetically last name first, first name lastLocal.
E. The University will provide (e) the Union with employee is discharged and not reinstated pursuant to the provisions of the grievance and arbitration procedures herein contained;
(f) the employee overstays a bi-weekly list leave of new hires, terminations, promotions, lateral moves, absence granted by the Corporation without notifying the Corporation and without supplying a reason satisfactory to the Corporation for such failure;
(g) the employee engages in gainful employment while on leave of absence from the Corporation; or
(h) the employee leaves work without obtaining a leave of absence, and retirements in the Bargaining Unit. The list will include the name of unless the employee and supplies a reason satisfactory to the date Corporation for not obtaining a leave of the actionabsence.
F. 9.08 The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains Corporation reserves the right to determine layoffs hire casual employees who are not covered by this Agreement nor shall they in a particular classification, departmental classification series, and/or segment, any way benefit from the terms and the specifics of each layoffconditions as set forth in this Agreement.
I. The University will lay off 9.09 In the employee with the least University seniority in event that a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the casual employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such hired as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and there is no interruption between his employment as a casual employee and his employment as a probationary employee, the probationary period shall begin anew. Notice of recall to an employee seniority date for such employee, if seniority is attained, shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled first date worked as a casual employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceuninterrupted period.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University 29.1 Seniority shall be defined as the length of service of an employee(s) in the Peterborough Fire Service of the Corporation of the City of Peterborough, and shall be considered on a service- wide basis for the purposes of layoff and recall. This Article shall not conflict with other provisions of this Agreement pertaining to seniority” .
29.2 In the event it is determined that a reduction in staffing complement is necessary, such staff reduction shall be governed by seniority. This will result in the last employee to be hired being the first employee to be laid off, in the case of employee(s) below an Officer rank.
29.3 In the case of a reduction affecting the Officer ranks, the last employee(s) promoted to the Officer rank shall be the first to be returned from the Officer rank to the next-lowest rank. Similarly, should recall be initiated within twelve (12) months, re-appointment shall be determined in the reverse order of the reduction.
29.4 Any employee(s) who is laid off shall be entitled to continue normal benefits at the employee’s own expense through the Corporation for a period of twelve (12) months.
29.5 Annually the Peterborough Fire Service shall maintain an up-to-date seniority list showing all Peterborough Fire Service employees, last date of hire, classification and duration held. It shall be posted on all Peterborough Fire Service bulletin boards, with a copy forwarded to the Secretary of the Association and to the Division Head, Human Resources..
29.6 An employee(s) shall only lose seniority in the event of:
(a) discharge for just cause and such discharge is upheld.
(b) resignation
(c) failure to return to work upon recall within ten (10) calendar days after having been notified by registered mail to do so, unless prevented from doing so by documented illness; and it shall be the responsibility of the employee(s) to keep the Employer informed of his/her current address
(d) layoff for a period in excess of twelve (12) months.
29.7 The Employer shall not hire any new employee(s) to the Peterborough Fire Service until all employee(s) who are qualified and capable, and have been laid off within the previous twelve (12) months, are offered the opportunity of recall, as set out in Section 29.6, subsection (c) of this Article.
29.8 Employee(s) laid off and recalled shall be returned to duty at the same rank held prior to layoff, should same be available.
29.9 In determining an employee's length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered for seniority purposes, computation shall begin on the date that the employee begins active pay status in employee(s) becomes a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University member of the employee’s intention to report to work Peterborough Fire Service. An employee(s) who leaves the services of the Peterborough Fire Service for any reason other than in Her Majesty's Armed Forces in time of war or National Emergency, or whose absence has been permitted as scheduled. The letter a leave of absence for a period of no longer than one (1) year, and who renews service within the Peterborough Fire Service, shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated considered as a new employee in employee(s) for the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out second period of the Bargaining Unitservice, the employee does not retain any Bargaining Unit rights except those listed above (i.e., and seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within computed only from the time period, the list shall be deemed accurate for the remainder that this second period of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meetingemployment commenced. However, the University and the Union recognize that due to lack of funds or lack of workfor classification purposes, temporary and permanent layoffs an employee(s) with previous Fire Fighting service may be required to effectively and efficiently operate reclassified at the University.
G. For seasonal layoffs discretion of the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; Fire Chief, but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications on probation for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rightsone (1) year.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date The Board recognizes that the employee begins active pay status purpose of seniority is to provide a declared policy as to the order of layoff and recall of employees, and for consideration in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If advancement or promotion (if the employee is discharged.
4qualified). If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoffopenings subsequently occur, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed with the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and most continuous service shall be treated as recalled first. Employees on layoff status will retain recall rights for a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out period of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the years from date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in within their job category or a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the Universityformerly held job category. If there is no less senior an employee without good reason fails to respond within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt the notice of recall, or refuses to return to work within a reasonable time period when recalled, the fourteen employee shall lose their seniority rights. The Board shall determine what constitutes a good reason for failure to respond or return to work when the employee has been recalled. Good cause shall include, but not be limited to, temporary illness and temporary absence from the city, or appropriate notice of resignation to a current employer, not to exceed two weeks. For the purpose of layoff and recall, seniority is defined as the date of employment in the specific job category. Paraprofessionals are categorized according to their job category as follows:
1. Campus Supervisor – Middle School
2. Clerical Paraprofessional 1
3. Clerical Paraprofessional 2
4. Instructional Paraprofessional
5. Managerial Paraprofessional
6. Security Monitor – High School
7. Special Education Paraprofessional ,
8. Technology Paraprofessional Effective July 1, 2006, existing Instructional/Managerial Paraprofessionals will be reclassified as Special Education Paraprofessionals. Seniority dates identified for Instructional/Managerial Paraprofessional designation will become the seniority date for Special Education Paraprofessional assignment. An employee is to have two (142) day notice, excluding weekends and holidays, to notify the University weeks advance notification in writing of a reduction in staff resulting in their layoff or reduction of hours. Employees with the least continuous service in a job category shall be laid off first. Reductions of more than one (1) hour per day will afford non-probationary employees’ rights in the order below Similar hours are defined as positions up to one hour less per day and no more annualized hours than the employee’s intention to exercise current assignment.
a) Placement into vacancies in the employee’s displacement rights and to notify same job category with similar hours, or
b) Employee may displace the University least senior employee in writing the same job category with the same/similar hours as long as the displaced employee is less senior, or
c) Employee may displace the least senior employee in a formerly held job category with the same/similar hours as long as the displaced employee is less senior.
d) In lieu of the employee’s displacement selection. Failure above placements, an employee may accept layoff and retain rights to provide written notification of the employee’s intention/selection recall as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work defined in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights Article X. Seniority or apply for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where other positions for which the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of serviceis qualified.
Appears in 1 contract
SENIORITY, LAYOFF AND RECALL. A. “University seniority” Seniority is defined as the employee’s length of continuous service (years and months) of the employee within a job-assigned group. A year will consist of ten months. Employees assigned to work during the summer will not gain additional seniority. All employer responsibility to the employee on the basis of seniority is as hereinafter set forth. Seniority accrual will be within the following three distinct groups: Group 1 Instructional Assistants Group 2 Breakfast / Lunch Assistants Group 3 Bus Assistants
B. In the event that two or more employees are hired within a group on the same date, their seniority shall be determined by adding the last four digits of the affected employees' social security numbers. The highest combination of the last four digits shall result in that employee having the higher seniority.
C. Seniority lists shall be established and maintained by the employer and made available to the Union designee no later than the end of each semester. Any objections must be submitted in writing with the University seven (7) work days from the employee’s most recent date Union designee's receipt of hire into a Bargaining Unit positionsuch list. This date will Thereafter, the seniority list shall be considered final and accurate and the date that district shall incur no liability for relying upon the employee begins active pay status in a Bargaining Unit positionaccuracy of the seniority list.
B. D. An employee’s employee shall be terminated and lose his/her seniority shall terminatewithin all groups if:
1. If the The employee quits.
2. If The employee is discharged and not reinstated through the employee retiresgrievance procedure.
3. If the The employee is dischargedabsent for three (3) consecutive working days without prior written approval or authorization for a leave of absence without an acceptable reason.
4. If the The employee who has completed the new hire probationary period fails to report to for work as scheduled or fails to report after any authorized absence or upon notice of recall from layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via by certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, mail to the last known address of such employee. A copy shall be forwarded to unless he/she notified the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University supervisor in writing within three (3) working days of from the date of the receipt of notice the recall notice, exclusive of days when no mail deliveries are made, that the employee is unable to report on that day, but establishes a reporting date within ten (10) working days following receipt of the recall notice. It shall be the employee's responsibility to maintain their current mailing address and/or forwarding address with the Employer.
5. The employee fails to report for work on the first regularly scheduled work day following a leave of absence or fails to secure an approved extension of a leave of absence.
6. The employee falsifies personnel records, medical history, criminal record, or falsifies the reason for leave of absence.
7. The employee is employed elsewhere during a leave of absence without the knowledge of the Employer.
8. The employee is laid off for a period of time equal to his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject accrued seniority within a group in which the employee to termination of servicehas worked.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. A. “University seniority” is 14.01 Seniority shall mean the employee’s length of continuous service employment with the University from the employee’s most recent Corporation, commencing with a Firefighter's last date of hire into with the Leamington Fire Service.
14.02 The employer shall make a Bargaining Unit position. This date will listing of all seniority Firefighters covered by the Collective Agreement and shall keep a copy of the listing in the office of the employer and provide a true and correct copy to the Leamington Firefighters’ Association.
(a) A newly hired Firefighter shall be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1probationary Firefighter until they have worked for a total of twelve (12) consecutive months. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee A Firefighter who has completed the new hire said probationary period fails and who continues to report be employed by the Corporation shall be considered a seniority Firefighter and shall be placed on the seniority list dating from the first day of their employment with the Leamington Fire Service. Article 8 of this Agreement is not applicable to work as scheduled probationary Firefighters and Article 8 shall not be available to the Association on behalf of probationary Firefighters with respect to discharge, suspension, discipline or fails any matter regarding seniority.
(b) Any person hired to report after any authorized absence or layoff, the employee fill a vacant firefighter position may be terminated effective on designated by the 7th day following Corporation to a firefighter class other than probationary based upon the date of mailing a letter from person’s experience and education in accordance with the University advising prerequisites contained in the employee that they firefighter job descriptions. Such firefighter may be terminated if placed on probation by the employee does not advise Corporation for a period of up to six months. During the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee firefighter shall be credited with receive the employee’s prior seniority salary of the assigned class and Bargaining Unit rights pay Association dues but Article 8 of this agreement shall not apply and Article 8 shall not be credited available to the Association on behalf of such firefighter with respect to discharge, suspension, discipline or any matter regarding seniority. If the firefighter successfully completes the probationary period, then the firefighter will be considered a seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority firefighter and shall be treated placed on the seniority list dating from the first day of employment with the Corporation.
(c) Any Lieutenant promoted to the position of Captain shall be placed on probation until they have worked twelve (12) consecutive months in the position of Captain. During the probationary period if either the Fire Chief or the incumbent decides they are unable to fulfill the captain’s duties, then the member will be reclassified as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining UnitLieutenant. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees firefighter will not be considered eligible to have waived their recall rights, nor negatively affect their employment rightsapply for a vacant Captain's position for at least twenty- four (24) months after being re-assigned from Captain to a Lieutenant.
K. An employee’s displacement rights (d) Any Class 1 seniority firefighter promoted to the position of Lieutenant shall be subject to fulfillment placed on probation until they have worked twelve (12) consecutive months in the position of qualifications for Lieutenant. During the position. Qualifications shall be determined by a thirty-day probationary period if either the employee has bumped into a classification in which Fire Chief or the employee has not previously served. If incumbent decides they are unable to fulfill the employee does not meet Lieutenant’s duties, then the qualifications of the position at the end of 30 days, the affected employee member will be laid off with recall rightsreclassified as a Class 1 Firefighter. The firefighter will not be eligible to apply for a vacant Lieutenant's position for at least twenty-four (24) months after being re- assigned from Lieutenant to a Class 1 Firefighter.
L. Employees (a) If it is necessary to reduce the number of Firefighters, other than the Fire Inspector, then lay-offs within the Fire Services division shall be notified of layoff occur in writing by the University at least fourteen following order:
(14i) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five Probationary Firefighters
(5ii) days after receipt of the fourteen Firefighters other than Lieutenants (14iii) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.Lieutenants
Appears in 1 contract
Samples: Collective Agreement
