Common use of SENIORITY/LAYOFF Clause in Contracts

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officer. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period if an employee leaves the unit covered by this AGREEMENT for another position with the EMPLOYER because of promotion, demotion or transfer. C. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, which shall be in inverse order of seniority within each department. B. Recall from layoff which shall be in order of seniority, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's ’s length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee’s Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-non- continuous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's ’s length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's ’s designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's ’s designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's ’s designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's ’s designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, Layoff which shall be in inverse order of seniority within each work classification and department*, provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniorityseniority within each work classification and department*, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of week, work shift, and number of hours per shift) and work location of the least senior employee. The senior employee, as an alternative to replacing the least senior employee in the department may, if such least senior employee’s work location is outside the senior employee’s geographical work area, request exercise of seniority rights over the least senior employee in the senior employee’s geographical work area. Geographical work areas for the purposes of this section shall be as contained in Attachment A. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice.to Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT. Section 9. Medical Examiner Investigators shall bid on their desired shifts based on seniority. Seniority, for the purpose of shift bidding only, shall be determined from the date of most recent hire, or rehire into a Medical Examiner Investigator position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY/LAYOFF. Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departmentsemployment, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule Schedulee employees whose work schedule is intermittent, non-continuous continous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, which shall be in inverse order of seniority within each department. B. Recall from layoff which shall be in order of seniority, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.thirty

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY/LAYOFF. Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departmentsemployment, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule Schedulee employees whose work schedule is intermittent, non-continuous continous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, Layoff which shall be in inverse order of seniority within each work classification and department*, provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniority, seniority within each work classification provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they he/she shall automatically have terminated their his/her employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of week, work shift, and number of hours per shift) and work location of the least senior employee. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT. Section 7. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION, or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous non- continuous, or irregular in nature are excluded from this provision). E. For purposes of layoff and recall from layoff and work unit vacancies (Article 26) for Local 34 and Local 2822 only, the Human Services and Public Health DEPARTMENT, the DEPARTMENT of Community Corrections and Rehabilitation and NorthPoint shall be considered one “Super DEPARTMENT”. Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, Layoff which shall be in inverse order of seniority within each work classification and department*, provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniorityseniority within each work classification and department*, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of week, work shift, and number of hours per shift) and work location of the least senior employee. The senior employee, as an alternative to replacing the least senior employee in the department may, if such least senior employee's work location is outside the senior employee's geographical work area, request exercise of seniority rights over the least senior employee in the senior employee's geographical work area. Geographical work areas for the purposes of this section shall be as contained in Attachment A. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. *Certain departments are treated as a single department for purposes of layoff and recall from layoff; see Attachment B. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT. Section 9. For purposes of layoff and recall, the following job class series shall be considered a single job class: Social Worker and Senior Social Worker, Chemical Health Counselor and Senior Chemical Health Counselor, Clinical Psychologist and Senior Clinical Psychologist, Child Support/Collection Service Officer, Principal, and Child Support/Collection Service Officer, Senior. `

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departmentsemployment, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule Schedulee employees whose work schedule is intermittent, non-continuous continous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, Layoff which shall be in inverse order of seniority within each work classification and department*, provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniorityseniority within each work classification and department*, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they he/she shall automatically have terminated their his/her employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of week, work shift, and number of hours per shift) and work location of the least senior employee. The senior employee, as an alternative to replacing the least senior employee in the department may, if such least senior employee's work location is outside the senior employee's geographical work area, request exercise of seniority rights over the least senior employee in the senior employee's geographical work area. Geographical work areas for the purposes of this section shall be as contained in Attachment A. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION, or transferTRANSFER. C. An X. Xx employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous non- continuous, or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff X. Xxxxxx in excess of a period equal to an employee's length of employment but not more than three years. C. Failure X. Xxxxxxx to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, X. Xxxxxx which shall be in inverse order of seniority within each departmentwork classification and department*provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniority, seniority within each work classification provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of week, work shift, and number of hours per shift) and work location of the least senior employee. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site worksite to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT. Section 7. When it is necessary for the EMPLOYER to assign/reassign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION, or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous continuous, or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, Layoff which shall be in inverse order of seniority within each work classification and department*, provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniorityseniority within each work classification and department*, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of the week, work shift, and the number of hours per shift) and work location of the least senior employee. The senior employee, as an alternative to replacing the least senior employee in the department may, if such least senior employee's work location is outside the senior employee's geographical work area, request exercise of seniority rights over the least senior employee in the senior employee's geographical work area. Geographical work areas for the purposes of this section shall be as contained in Attachment A. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice.'s Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign reassign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment employment, or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officer. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period if an employee leaves the unit covered by this AGREEMENT for another position with the EMPLOYER because of promotion, demotion or transfer. C. An X. Xx employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule Schedulee employees whose work schedule is intermittent, non-continuous continous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff X. Xxxxxx in excess of a period equal to an employee's length of employment but not more than three years. C. Failure X. Xxxxxxx to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, which shall be in inverse order of seniority within each department. B. Recall from layoff which shall be in order of seniority, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they he/she shall automatically have terminated their his/her employment. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departmentsemployment, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous continous or irregular in nature are excluded from this provision). E. For purposes of layoff and recall from layoff and work unit vacancies (Article 26) for Local 34 and Local 2822 only, the Human Services and Public Health DEPARTMENT, the DEPARTMENT of Community Corrections and Rehabilitation and NorthPoint shall be shall be considered one “Super DEPARTMENT”. Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, which shall be in inverse order of seniority within each department. B. Recall from layoff which shall be in order of seniority, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION, or transferTRANSFER. C. An X. Xx employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous continuous, or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff X. Xxxxxx in excess of a period equal to an employee's length of employment but not more than three years. C. Failure X. Xxxxxxx to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, X. Xxxxxx which shall be in inverse order of seniority within each work classification and department*, provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniorityseniority within each work classification and department*, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of the week, work shift, and the number of hours per shift) and work location of the least senior employee. The senior employee, as an alternative to replacing the least senior employee in the department may, if such least senior employee's work location is outside the senior employee's geographical work area, request exercise of seniority rights over the least senior employee in the senior employee's geographical work area. Geographical work areas for the purposes of this section shall be as contained in Attachment A. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice.'s Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign reassign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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SENIORITY/LAYOFF. Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION, or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous non- continuous, or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, Layoff which shall be in inverse order of seniority within each departmentwork classification and department*provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniority, seniority within each work classification provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of week, work shift, and number of hours per shift) and work location of the least senior employee. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site worksite to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT. Section 7. When it is necessary for the EMPLOYER to assign/reassign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION, or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous non- continuous, or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, Layoff which shall be in inverse order of seniority within each departmentwork classification and department*provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniority, seniority within each work classification provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of week, work shift, and number of hours per shift) and work location of the least senior employee. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site worksite to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT. Section 7. When it is necessary for the EMPLOYER to assign/reassign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departmentsemployment, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous continous or irregular in nature are excluded from this provision). E. For purposes of layoff and recall from layoff and work unit vacancies (Article 26) for Local 34 and Local 2822 only, the Human Services and Public Health DEPARTMENT, the DEPARTMENT of Community Corrections and Rehabilitation and NorthPoint shall be shall be considered one “Super DEPARTMENT”. Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, which shall be in inverse order of seniority within each department. B. Recall from layoff which shall be in order of seniority, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departmentsemployment, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule Schedulee employees whose work schedule is intermittent, non-continuous continous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, Layoff which shall be in inverse order of seniority within each work classification and department*, provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniorityseniority within each work classification and department*, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they he/she shall automatically have terminated their his/her employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of week, work shift, and number of hours per shift) and work location of the least senior employee. The senior employee, as an alternative to replacing the least senior employee in the department may, if such least senior employee's work location is outside the senior employee's geographical work area, request exercise of seniority rights over the least senior employee in the senior employee's geographical work area. Geographical work areas for the purposes of this section shall be as contained in Attachment A. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment employment, or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officer. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period if an employee leaves the unit covered by this AGREEMENT for another position with the EMPLOYER because of promotion, demotion or transfer. C. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule Schedulee employees whose work schedule is intermittent, non-continuous continous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, which shall be in inverse order of seniority within each department. B. Recall from layoff which shall be in order of seniority, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they he/she shall automatically have terminated their his/her employment. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. ‌ Section 1. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departmentsemployment, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerREHIRE. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. If in the event of layoff or recall from layoff two or more employees possess the same seniority date, seniority in such cases shall be in order of the date of acquisition of regular status in the class from which layoff is to occur or has occurred. If the tie cannot be broken by this method, seniority shall be determined by the last four digits of the employee's Social Security Number, with the employee having the highest such number being the more senior. C. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period PROBATIONARY PERIOD if an employee leaves the a unit covered by this AGREEMENT for another position with the EMPLOYER because of promotionPROMOTION, demotion DEMOTION or transferTRANSFER. C. D. An employee appointed to a regular position in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule Schedulee employees whose work schedule is intermittent, non-continuous continous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's length of employment but not more than three years. C. Failure to return to work in accordance with the terms and conditions of an approved LEAVE OF ABSENCE. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, Layoff which shall be in inverse order of seniority within each work classification and department*, provided that any employee who is to be laid off and has previously served in a lower work classification covered by this AGREEMENT may request to exercise seniority rights in such lower classification or its designated equivalent. B. Recall from layoff which shall be in order of seniority, seniority within each work classification provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they he/she shall automatically have terminated their his/her employment. C. If a senior employee requests exercise of seniority rights over a less senior employee for purposes of layoff, the senior employee, as a condition of the EMPLOYER granting such a request, must accept the work schedule (days of week, work shift, and number of hours per shift) and work location of the least senior employee. In situations when more than one (1) employee in a job class is simultaneously requesting to exercise seniority rights to positions in the same lower job class, the EMPLOYER will make reasonable efforts to match scheduled hours by seniority. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT. Section 7. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY/LAYOFF. Section 1. Seniority It is the intent and purpose of this Article to preserve the principle that provided an employee has the necessary qualifications, his or her job security should be commensurate with length of continuous service within the bargaining unit. a) The Company recognizes the principal of seniority within the bargaining unit for employees covered by this Agreement. The Company will give preference in cases of layoff and rehiring, as well as in cases of transfers and promotions, to employees having the longest service. b) In the event the Company lays off an employee covered by this Agreement, the following principles shall apply: • The employees to be laid off shall have the right to displace a less senior employee in their classification he or she previously held provided the displacing employee is qualified to perform available work in the displaced employee's classification. The employee so displaced shall then have all the same rights as outlined in this Article 11. • The laid-off employee, if qualified, shall have the right to apply for any vacant position which management determines should be filled, or to replace any probationary employee. • If the laid-off employee is determined to be qualified by the Company, and is determined to possess the specific skills required for the position, then that laid- off employee shall be offered the position. • The laid-off employee shall have the above rights regarding preferential hiring for a period of six (6) months from the date of lay-off. c) Union Officers and Stewards shall be considered as the most senior employees in their respective occupational group in case of a reduction in the work force, provided they have the necessary qualifications to perform available work. In case one or more union officers and/or stewards are to be laid-off, the employee with the greatest length of service for the EMPLOYER from the most recent date of employment or REHIRE in the Department of Community Corrections or any of its predecessor departments, or any other Department of the EMPLOYER where an employee has been employed in a regular position as a probation/parole officerand qualifications shall be retained. A. Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. B. Seniority in work classes covered by this AGREEMENT shall be retained and continue to accrue during the probationary period if an employee leaves the unit covered by this AGREEMENT for another position with the EMPLOYER because of promotion, demotion or transfer. C. An employee appointed to a regular position d) If two (2) employees in the same job class and department as they were employed as a limited duration six months or less employee or as a Limited Duration with Benefits employee shall occupational group have seniority for purposes of layoff and recall from the employee’s most recent date of hire as a LIMITED DURATION EMPLOYEE provided such limited duration and regular appointments are contiguous and sequential. (Limited Duration No Schedule employees whose work schedule is intermittent, non-continuous or irregular in nature are excluded from this provision). Section 2. Seniority rights under this AGREEMENT shall terminate under the following conditions: A. Termination of employment. B. Layoff in excess of a period equal to an employee's same length of employment but not more than three years. C. Failure service and one of them is to return to work in accordance be laid off, the employee with the terms and conditions of an approved LEAVE OF ABSENCElower social security number shall be retained. Section 3. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. A. Upon request of the UNION, but not more often than once each calendar year, the EMPLOYER shall establish a seniority list for the designated class(es) and unit. A seniority list shall also be established for affected class(es) within the unit at least ten (10) calendar days prior to the effective date of a layoff. A copy of seniority lists when established new employee shall be furnished to the UNION's designated representative electronically. B. Employees and the UNION shall be obligated to notify the EMPLOYER by certified mail of any error in the seniority list within thirty (30) days of the date the seniority list is furnished to the UNION's designated representative. Within thirty (30) days of notification of errors, the EMPLOYER shall correct errors in the seniority list and furnish the corrected list to the UNION's designated representative. If no error is reported within thirty (30) days after the date the seniority list is furnished considered a probationary employee until he or within thirty (30) days after the date a correction in such list is furnished to the UNION's designated representative, the list will stand correct as posted. Section 4. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: A. A layoff, which shall be in inverse order of seniority within each department. B. Recall from layoff which shall be in order of seniority, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, they shall automatically have terminated their employment. Section 5. The EMPLOYER shall issue written notice of layoff or recall from layoff to affected employees at least ten (10) calendar days in advance of the effective date. Such notice shall be made by certified mail to the employee's last known address as shown by the EMPLOYER's records except when the employees are present at the work site to receive notice. Section 6. Assignment of employees to designated departments shall be at the discretion of the EMPLOYER. When it is necessary for the EMPLOYER to assign/re-assign an employee to a different work assignment, the EMPLOYER will provide such employee with two (2) weeks advance notice when practicable. Section 7. The above provisions shall not apply to the seniority list established by the EMPLOYER and provided to the UNION prior to the effective date of a layoff as provided in Section 3A herein. Section 8. Employees on layoff will be recalled to fill vacancies in other classes and departments for which qualified, provided they may not exercise seniority rights to create such vacancies. Such employees may waive the recall if the salary rate offered by the EMPLOYER for the position to which recalled is more than twenty (20%) percent below the salary rate of the employee when laid off. The name of an employee so recalled will remain on the layoff list for the class from which laid off, subject to the conditions and limitations set forth in this AGREEMENT.she has had ninety

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Samples: Collective Bargaining Agreement

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