Common use of SENIORITY & LAYOFFS Clause in Contracts

SENIORITY & LAYOFFS. 9.1. The Medical Center and the Association recognize that seniority shall prevail as set forth herein giving due regard to qualifications. All RNs shall accrue house-wide seniority from the date of his/her most recent employment with the Medical Center after successful completion of the probationary period contained herein. Seniority is defined as Hours Worked, PAL Hours Paid, Low Census Hours, and Long-Term Illness Paid. 9.2. Any RN promoted out of the Bargaining Unit will retain, but not accumulate, seniority attained up to the time of the transfer out of the Bargaining Unit. If an employee is hired for a position within the Bargaining Unit, seniority will commence from the date the RN is employed within the Bargaining Unit. RNs working TPD in a position outside the Bargaining Unit will retain his/her seniority, but not accumulate seniority for the hours worked outside the Bargaining Unit. RNs who work in a position, in which time is split between work within the Bargaining Unit and work outside of the Bargaining Unit, will accumulate seniority as follows: a) Seniority will accrue for hours worked in the Bargaining Unit only. 9.3. Subject to the foregoing, seniority shall be the governing factor in promotion, transfers within the Medical Center, layoff, and recall provided that qualifications are equal. 9.4. A lay-off is defined as a separation from the service because of shortage of funds or materials, abolishment of position or for other involuntary reasons not reflecting discredit on a RN. The RN and the Association shall be given written notice of a pending lay-off at least thirty (30) days before the effective date, stating the reasons for the lay-off. Prior to RN layoffs the PCC will be notified 9.5. After the initial face-to-face meeting official notice, an RN will be given two business days to exercise their bumping rights. 9.6. Laid off RNs with seniority will be given the opportunity to fill positions of the least senior RNs under the following criterion: a) Same or within .2 of present FTE status, except by mutual agreement. b) Same shift c) If no options on the same shift, the RN may have the option to bump into another shift if they have equal qualification demonstrated by documented competencies within their department. Home departments are defined as follows: ICU, Peds, Med/Surg, NICU, M/B, L&D, childbirth Education, RNU, ED, Ortho, OR, Endo, Radiology, Floats, PACU, Pre-Surgery Clinic, Heart Center, Bridges, Diabetic Clinic, HCBS, Wound Care. d) Vacant positions may be identified within the laid off RN’s home department and, if none, vacant positions then may be identified in other departments. If the RN declines the vacant position, the RN will then be offered the position of the least senior RN within the laid off RN’s home department and if none, will be offered the position of the least senior RN outside of the department, provided the laid off RN is qualified to assume job responsibilities with up to thirty- six (36) hours of orientation. If the laid off RN does not accept position offered, he/she may elect to either remain on TPD status or separate from the Medical Center, qualifying for recall. 9.7. Seniority and employment shall terminate upon (a) discharge; (b) resignation; (c) failure to respond to recall from layoff within three (3) working days after notice of recall by phone or certified mail and/or failure to report as agreed; (d) failure to report to work on the first scheduled work day following the end of an approved leave of absence unless the employee has earlier received the Human Resources Director or designees written approval for an adjusted return date; (e) absence from work for three (3) consecutive scheduled working days without reporting, except in extenuating circumstances; or (f) retirement under any applicable pension plan. 9.8. Seniority list for all RNs shall be posted annually in July. A seniority list with names, addresses, and phone numbers will be submitted to the Association on a quarterly basis. 9.9. Seniority status will be available upon individual request from Human Resources. 9.10. Healthcare providers (as recognized at the Medical Center’s discretion) who obtain an RN degree and are employed by the Medical Center as an RN shall have fifty percent (50%) of his/her life-to- date hours paid at the Medical Center credited to their RN seniority. 9.11. The Medical Center may offer some period of separation pay and/or benefits to RNs affected by a layoff which may be conditioned upon the signing of a general release of all claims and/or a waiver of recall rights.

SENIORITY & LAYOFFS. 9.1. The Medical Center and the Association recognize that seniority A. SENIORITY: Seniority shall prevail as set forth herein giving due regard in preference for vacations only requested outside the open window period. Vacations requested during the open window period are on a first come first serve basis and seniority does not apply. Seniority will prevail outside the open window unless changes are mutually agreed upon between the parties involved. Seniority will prevail in preference for promotions when skill, ability and training are substantially equal. B. There shall be a seniority list compiled and maintained by the Sheriff, which shall be posted at the office. Upon written request, the EMPLOYER shall prepare a seniority roster for the UNION representative. This list will be mailed to qualificationsthe UNION each time it is updated. C. In the event of layoffs, seniority in the categories of Control/Dispatch Officer, Detention Officer, and Deputy Sheriff shall prevail where skills, training and ability are relatively equal. All RNs Employees who are affected by layoff shall accrue house-wide seniority be given thirty days (30) notice, except in cases of emergency, before termination. Recall shall be in the inverse order of seniority. D. Seniority shall start from the date most recent day of hire within the Sheriff’s Office. Seniority shall terminate when an employee quits, retires, is discharged or does not satisfactorily complete his probationary period or does not notify the Sheriff within two (2) weeks of his/her intention to return to work after layoff. E. Seniority for employees working on a part-time basis shall start from the most recent employment date of hire within the Sheriff’s Office. The resulting seniority shall then be considered the same as full time seniority for calculating leave accrual, leave application and personal day requests, call outs and shift changes, by rotation. This seniority will remain in effect and be carried forward as full-time seniority. F. Seniority for current employees that apply and are hired in a new division within the Office, i.e., Detention or Control/Dispatch Officer applies and is hired as Deputy. The seniority as a Deputy starts when hired as a Deputy. Seniority does not carryover from previous positions to a new division position. The employee shall retain old earned seniority with the Medical Center after successful completion of old division and does not earn additional seniority while not working in the probationary period contained hereinold division. Seniority is defined as Hours Worked, PAL Hours Paid, Low Census Hours, and Long-Term Illness Paid. 9.2. Any RN promoted out of In the Bargaining Unit will retain, but not accumulate, seniority attained up to event the time of the transfer out of the Bargaining Unit. If an employee is hired for laid off in the new division, that employee can use old earned seniority to bump back into the old division - not to a given position within the Bargaining Unit, seniority will commence from the date the RN is employed within the Bargaining Unit. RNs working TPD in a position outside the Bargaining Unit will retain his/her seniority, but not accumulate seniority for the hours worked outside the Bargaining Unit. RNs who work in a position, in which time is split between work within the Bargaining Unit and work outside of the Bargaining Unit, will accumulate seniority as follows: a) Seniority will accrue for hours worked in the Bargaining Unit onlyold division. 9.3. Subject to the foregoing, seniority shall be the governing factor in promotion, transfers within the Medical Center, layoff, and recall provided that qualifications are equal. 9.4. A lay-off is defined as a separation from the service because of shortage of funds or materials, abolishment of position or for other involuntary reasons not reflecting discredit on a RN. The RN and the Association shall be given written notice of a pending lay-off at least thirty (30) days before the effective date, stating the reasons for the lay-off. Prior to RN layoffs the PCC will be notified 9.5. After the initial face-to-face meeting official notice, an RN will be given two business days to exercise their bumping rights. 9.6. Laid off RNs with seniority will be given the opportunity to fill positions of the least senior RNs under the following criterion: a) Same or within .2 of present FTE status, except by mutual agreement. b) Same shift c) If no options on the same shift, the RN may have the option to bump into another shift if they have equal qualification demonstrated by documented competencies within their department. Home departments are defined as follows: ICU, Peds, Med/Surg, NICU, M/B, L&D, childbirth Education, RNU, ED, Ortho, OR, Endo, Radiology, Floats, PACU, Pre-Surgery Clinic, Heart Center, Bridges, Diabetic Clinic, HCBS, Wound Care. d) Vacant positions may be identified within the laid off RN’s home department and, if none, vacant positions then may be identified in other departments. If the RN declines the vacant position, the RN will then be offered the position of the least senior RN within the laid off RN’s home department and if none, will be offered the position of the least senior RN outside of the department, provided the laid off RN is qualified to assume job responsibilities with up to thirty- six (36) hours of orientation. If the laid off RN does not accept position offered, he/she may elect to either remain on TPD status or separate from the Medical Center, qualifying for recall. 9.7. Seniority and employment shall terminate upon (a) discharge; (b) resignation; (c) failure to respond to recall from layoff within three (3) working days after notice of recall by phone or certified mail and/or failure to report as agreed; (d) failure to report to work on the first scheduled work day following the end of an approved leave of absence unless the employee has earlier received the Human Resources Director or designees written approval for an adjusted return date; (e) absence from work for three (3) consecutive scheduled working days without reporting, except in extenuating circumstances; or (f) retirement under any applicable pension plan. 9.8. Seniority list for all RNs shall be posted annually in July. A seniority list with names, addresses, and phone numbers will be submitted to the Association on a quarterly basis. 9.9. Seniority status will be available upon individual request from Human Resources. 9.10. Healthcare providers (as recognized at the Medical Center’s discretion) who obtain an RN degree and are employed by the Medical Center as an RN shall have fifty percent (50%) of his/her life-to- date hours paid at the Medical Center credited to their RN seniority. 9.11. The Medical Center may offer some period of separation pay and/or benefits to RNs affected by a layoff which may be conditioned upon the signing of a general release of all claims and/or a waiver of recall rights.

SENIORITY & LAYOFFS. 9.11. The Medical Center Company will determine the necessity of reducing work time and the Association recognize that seniority shall prevail as set forth herein giving due regard to qualifications. All RNs shall accrue house-wide seniority from the date of his/her most recent employment with the Medical Center after successful completion extent of the probationary period contained hereinreduction required. Seniority Before any layoff or part timing, contractors performing work normally done by bargaining unit employees will be laid off. It is defined understood that certain work is not within the scope of bargaining unit employees such as Hours Worked, PAL Hours Paid, Low Census Hours, and Long-Term Illness Paidwork for which employees are not equipped or trained. 9.22. Any RN promoted out of Layoffs need not apply to all Job Classifications at the Bargaining Unit will retainsame time, but not accumulatecontract workers in any Job Classification shall be laid off before any employees in that Job Classification. 3. The Company will notify the Union and employees designated for layoff thirty (30) calendar days before the work force reduction occurs. Effective 11/1/08 through R to volunteer for layoff. Multiple voluntary requests will be granted in descending seniority order. Effective 11/1/09, seniority attained up the ability to volunteer for layoff is no longer an available option. 4. Employees laid off under the provisions of this Article will be offered the same medical and dental insurance coverage they had at the time of the work force reduction announcement. This coverage will extend to the end of the month in which the employee's last day worked occurs and for one full month thereafter. 5. An employee, who is about to be laid off in the Xxxxxx District may request a reassignment in the Xxxxxx District R a. The job is vacant and at the Company's option will be filled or the incumbent employee has less company service than the transferring employee. Company service is defined as the System Service date reflected in the employee's current HR record. R b. Transfers may only occur on a lateral or downward basis as determined by the maximum wage rates for the wage schedules involved. c. The transferring employee has had previously recognized experience in the job to be filled and was fulfilling the basic requirements of the job when he/she previously vacated the position; except a senior employee may displace a less senior employee in the Building Maintenance Worker occupational title. The transferring employee can perform, in the judgment of the Company, the basic requirements for competence in the job without additional training or physical restriction. d. In all cases, the most senior employee requesting transfer must displace the least senior employee in the occupational title and location to which he/she is requesting transfer. Multiple requests to displace the same incumbent shall be granted on a seniority basis providing all elements of Section 5 are met by all employees requesting transfer. 6. Employees affected by layoff, who elect not to transfer, shall be separated without loss of recall rights and severance pay. 7. Employees requesting transfer (may indicate multiple choices in order of their preference of jobs previously held) in order to avoid layoff must provide written notification of their intent to the Company within ten (10) calendar days following the layoff notification. The Company shall review their request to determine compliance with Section 5 and shall advise the employee of the status of their transfer request within twenty (20) calendar days following the layoff notification. Employees not complying with these time frames or not electing to transfer, may not elect to transfer after the expiration of the 10 calendar day decision period specified in this section. 8. Employees who are displaced will be notified and may, if applicable, exercise their rights to transfer under the provision of this Article. 9. Travel and moving expenses resulting from transfer will be the sole responsibility of the transferring employee. 10. Employees temporarily working out of classification or location at the Bargaining Unittime of a work force reduction will be considered to be within their formal/permanent job title and original reporting center for purposes of this policy. 11. If an employee is hired Employees granted transfer under the provisions of this policy will be prepared to report to their new work location/job at the time specified by the Company. 12. Layoff allowance provisions for a position within the Bargaining Unit, seniority will commence from the date the RN is employed within the Bargaining Unit. RNs working TPD in a position outside the Bargaining Unit will retain his/her seniority, but not accumulate seniority for the hours worked outside the Bargaining Unit. RNs who work in a position, in which full-time is split between work within the Bargaining Unit and work outside of the Bargaining Unit, will accumulate seniority employees laid off under this Article are as follows: aa. An employee with five years of service or less will be paid one (1) Seniority will accrue week's pay for hours worked in each continuous year of service, or major portion thereof, including the Bargaining Unit onlyfifth year of service. 9.3. Subject to b. An employee with more than five years of service, but not more than ten, will receive five (5) weeks of pay plus two weeks of pay for each continuous year of service, or major portion thereof, after the foregoing, seniority shall be the governing factor in promotion, transfers within the Medical Center, layoff, and recall provided that qualifications are equalfifth year of continuous service. 9.4. A lay-off is defined as a separation from the c. An employee with more than ten years of service because shall receive 15 weeks of shortage of funds or materials, abolishment of position or for other involuntary reasons not reflecting discredit on a RN. The RN and the Association shall be given written notice of a pending lay-off at least thirty (30) days before the effective date, stating the reasons for the lay-off. Prior to RN layoffs the PCC will be notified 9.5. After the initial face-to-face meeting official notice, an RN will be given two business days to exercise their bumping rights. 9.6. Laid off RNs with seniority will be given the opportunity to fill positions of the least senior RNs under the following criterion: a) Same or within .2 of present FTE status, except by mutual agreement. b) Same shift c) If no options on the same shift, the RN may have the option to bump into another shift if they have equal qualification demonstrated by documented competencies within their department. Home departments are defined as follows: ICU, Peds, Med/Surg, NICU, M/B, L&D, childbirth Education, RNU, ED, Ortho, OR, Endo, Radiology, Floats, PACU, Pre-Surgery Clinic, Heart Center, Bridges, Diabetic Clinic, HCBS, Wound Care. d) Vacant positions may be identified within the laid off RN’s home department and, if none, vacant positions then may be identified in other departments. If the RN declines the vacant position, the RN will then be offered the position of the least senior RN within the laid off RN’s home department and if none, will be offered the position of the least senior RN outside of the department, provided the laid off RN is qualified to assume job responsibilities with up to thirty- six (36) hours of orientation. If the laid off RN does not accept position offered, he/she may elect to either remain on TPD status or separate from the Medical Center, qualifying for recall. 9.7. Seniority and employment shall terminate upon (a) discharge; (b) resignation; (c) failure to respond to recall from layoff within pay plus three (3) working days weeks for each continuous year of service, or major portion thereof, after notice the 10th year of recall continuous service, providing that in no event shall the layoff allowance exceed 52 weeks of pay at the regular rate. 13. Service must be continuous as dated by phone the system service date. Fractional parts of years amounting to less than 6 months are disregarded. Fractions of 6 months or certified mail and/or failure more are counted as a full year. Layoff allowance applies only to report as agreed; (d) failure regular, full-time employees, and is paid bi-weekly for a maximum payment of 52 weeks, not to report exceed $45,500.00. 14. The layoff allowance of a returning employee ceases beginning the first day the employee is scheduled to return to work following recall. If an employee, who has been laid off and paid a layoff allowance is subsequently reemployed and again laid off, the layoff allowance in the case of the subsequent layoff(s) is based upon the employee's aggregate length of service minus the number of weeks of layoff allowance paid on the first scheduled work day following the end a previous layoff(s). The deductible is not applicable after 5 continuous years of an approved leave of absence unless the employee has earlier received the Human Resources Director or designees written approval for an adjusted return date; (e) absence from work for three (3) consecutive scheduled working days without reporting, except in extenuating circumstances; or (f) retirement under any applicable pension planreinstatement. 9.815. Seniority list for all RNs shall be posted annually When rehiring in July. A seniority list with namesany occupational title following a layoff, addresses, the Company will first offer the job to a more senior employee who meets the job's requirements defined in Section 5 and phone numbers will be submitted who was transferred from that classification due to the Association on a quarterly basis. 9.9layoff. Seniority status will be available upon individual request from Human Resources. 9.10. Healthcare providers (as recognized at the Medical Center’s discretion) who obtain Refusal by an RN degree and are employed by the Medical Center as an RN shall have fifty percent (50%) of employee to accept reassignment to his/her lifepre-to- date hours paid at layoff position will relieve the Medical Center credited Company of the obligation to their RN seniorityoffer such future assignments to the employee. If there is no such employee who was so transferred, then the Company will offer reemployment to those less senior employees who have been laid off in that occupational classification or who have past experience in that occupational classification in the inverse order in which said employees were laid off. 9.1116. The Medical Center may Company will have fulfilled its obligation hereunder with respect to any laid off employee, by offering reemployment by registered mail addressed to the laid off employee's latest address as shown by the records of the Company. Any such laid off employee must respond within seven (7) calendar days after the date of the offer; otherwise, the laid off employee shall be deemed to have refused reemployment and the Company's obligation under this Article shall be terminated. Unavailability for reemployment within fourteen (14) calendar days after the date of the offer some period will result in the forfeiture of separation pay and/or benefits to RNs affected by a remaining layoff which may be conditioned upon the signing of a general release of all claims and/or a waiver of allowance, recall rights, and any other benefit. 17. Service dates for recalled employees will be reestablished according to Company policy. 18. Recalled employees’ benefit coverage will be reestablished based on company policy. 19. The Company shall not be obligated to recall any employee who has been laid off more than nine (9) months. Former employees who are no longer subject to recall may apply for employment with the Company. When an opening occurs, former employees who were laid off will be given consideration for reemployment.

SENIORITY & LAYOFFS. 9.1Section 14-1 Employees’ seniority will be based on the amount of total continuous service with the District in a full-time position. The Medical Center and Those employees employed at the Association recognize that seniority shall prevail as set forth herein giving due regard to qualifications. All RNs shall accrue house-wide time of consolidation are credited with seniority from the date of his/her most recent employment with the Medical Center after successful completion of the probationary period contained herein. Seniority is defined as Hours Worked, PAL Hours Paid, Low Census Hours, and Long-Term Illness Paid. 9.2. Any RN promoted out of the Bargaining Unit will retain, but not accumulate, seniority attained up to agency at the time of consolidation. In an affected seniority progression line, that employee with the transfer out of the Bargaining Unit. If an employee is hired for a position within the Bargaining Unit, seniority will commence from the date the RN is employed within the Bargaining Unit. RNs working TPD in a position outside the Bargaining Unit will retain his/her seniority, but not accumulate seniority for the hours worked outside the Bargaining Unit. RNs who work in a position, in which time is split between work within the Bargaining Unit and work outside of the Bargaining Unit, will accumulate seniority as follows: a) Seniority will accrue for hours worked in the Bargaining Unit only. 9.3. Subject to the foregoing, seniority least total continuous service shall be the governing factor in promotion, transfers within first separated. Section 14-2 For a period of one year from the Medical Center, effective date of layoff, and recall provided that qualifications are equal. 9.4no regular position in the affected classification in the department involved shall be filled without first providing employees possessing rights to re-employment with an opportunity to be rehired. A Re-employment lists shall be in inverse order of lay-off is defined as a separation with the most senior employee from the service because of shortage of funds or materials, abolishment of position or for other involuntary reasons not reflecting discredit on a RN. The RN and the Association shall be given written notice of a pending layamongst those laid-off rehired first. Such re-employment would be at least thirty (30) days before the effective datesame salary step, stating or the reasons for salary range assigned such classification and with the same seniority as the employee had earned at the time of lay-off. Prior Benefits paid out at the time of separation such as vacation or sick leave may be bought back at the employee’s expense. Written notice of the re-employment opportunity shall be sent by certified mail to RN layoffs the PCC will be notified 9.5last known address of the former employee. After the initial face-to-face meeting official notice, an RN will be given two business The former employee shall have 14 calendar days to exercise their bumping rightsrespond to the notice. This time period will commence upon the District’s notification of receipt of certified or registered mail notification. 9.6Section 14-3 Whenever in the judgment of the Board of Directors, it becomes necessary in the interest of the economy or the necessity for a position to no longer exist, the Board of Directors may abolish a position or classification, and if necessary, reduce personnel by laying off employees without the filing of disciplinary charges and without granting the employee(s) the right of appeal except as accorded in these provisions. Laid off RNs In reducing the number of employees, the order of separation shall be based on seniority Section 14-4 Employees in the same classification shall be separated by seniority with seniority will be given the opportunity to fill positions of the least senior RNs under employee being laid off first. There will not be any ties in seniority. If more than one person is hired at the same time, then final overall ranking will be used to determine seniority. The following criterion: a) Same or within .2 are the different types of present FTE statusappointments, except by mutual agreementand the layoff of personnel shall be in this order. b) Same shift1. Probationary 2. Regular Full-Time c) If no options Section 14-5 Seniority will be based on the same shift, the RN may have the option to bump into another shift if they have equal qualification demonstrated by documented competencies within their department. Home departments are defined as follows: ICU, Peds, Med/Surg, NICU, M/B, L&D, childbirth Education, RNU, ED, Ortho, OR, Endo, Radiology, Floats, PACU, Pre-Surgery Clinic, Heart Center, Bridges, Diabetic Clinic, HCBS, Wound Care. d) Vacant positions may be identified within the laid off RN’s home department and, if none, vacant positions then may be identified in other departments. If the RN declines the vacant position, the RN will then be offered the position of the least senior RN within the laid off RN’s home department and if none, will be offered the position of the least senior RN outside of the department, provided the laid off RN is qualified to assume job responsibilities with up to thirty- six (36) hours of orientation. If the laid off RN does not accept position offered, he/she may elect to either remain on TPD status or separate from the Medical Center, qualifying for recall. 9.7. Seniority and employment shall terminate upon (a) discharge; (b) resignation; (c) failure to respond to recall from layoff within three (3) working days after notice of recall by phone or certified mail and/or failure to report as agreed; (d) failure to report to work on the first scheduled work day following the end of an approved leave of absence unless the employee has earlier received the Human Resources Director or designees written approval for an adjusted return date; (e) absence from work for three (3) consecutive scheduled working days without reporting, except in extenuating circumstances; or (f) retirement under any applicable pension plan. 9.8. Seniority list for all RNs shall be posted annually in July. A current seniority list with names, addresses, and phone numbers will be submitted to the Association on a quarterly basis. 9.9. Seniority status will be available upon individual request from Human Resources. 9.10. Healthcare providers (as recognized at the Medical Center’s discretion) who obtain an RN degree and are employed by the Medical Center as an RN shall have fifty percent (50%) of his/her life-to- date hours paid at the Medical Center credited to their RN seniority. 9.11list. The Medical Center may offer some period of separation pay and/or benefits to RNs affected by a layoff which may be conditioned upon District will meet and confer with the signing Union over the impact of a general release of all claims and/or a waiver of recall rightsreduction in force.

SENIORITY & LAYOFFS. 9.11. For purposes of this article only, District seniority shall be defined as the total length of service the unit member has accrued in the Unit, adjusted for any breaks in service and/or unpaid leaves of absence. In the event the District reduces staff in the Association, the following rules should apply: a. Temporary, casual, and substitute appointments will be laid off first in the applicable classification. b. The least senior individual within the classification affected will be reduced first and remaining layoffs will be made in inverse order of seniority. c. The District will notify the affected employee 30 calendar days prior to the layoff where possible. d. A recall list will be established for each classification abolished. The Medical Center order of the list will be based on total years of service in the Unit. e. A unit member’s name will be removed from the recall list in the following circumstances: where he/she accepts the position in the same classification and with the Association recognize that seniority shall prevail same number of hours as set forth herein giving due regard the abolished position, or upon expiration of one year, or non-acceptance or non-responsive to qualificationsa recall letter, as more fully outlined in letter f below. f. The District will send notices of all full-time and part-time vacant positions to those unit members still on the recall list via certified mail, return receipt requested. All RNs shall accrue house-wide seniority Substitute, temporary and casual positions will not be offered to those unit members on the recall list. The employee will have one calendar week from the date of his/her most recent employment with the Medical Center after successful completion of the probationary period contained herein. Seniority is defined as Hours Worked, PAL Hours Paid, Low Census Hours, and Long-Term Illness Paid. 9.2. Any RN promoted out of the Bargaining Unit will retain, but not accumulate, seniority attained up receipt to respond to the time of the transfer out of the Bargaining Unit. If an employee is hired for a position within the Bargaining Unit, seniority will commence from the date the RN is employed within the Bargaining Unit. RNs working TPD in a position outside the Bargaining Unit will retain his/her seniority, but not accumulate seniority for the hours worked outside the Bargaining Unit. RNs who work in a position, in which time is split between work within the Bargaining Unit and work outside of the Bargaining Unit, will accumulate seniority as follows: a) Seniority will accrue for hours worked in the Bargaining Unit only. 9.3. Subject to the foregoing, seniority shall be the governing factor in promotion, transfers within the Medical Center, layoff, and recall provided that qualifications are equal. 9.4. A lay-off is defined as a separation from the service because of shortage of funds or materials, abolishment of position or for other involuntary reasons not reflecting discredit on a RN. The RN and the Association shall be given written notice of a pending lay-off at least thirty (30) days before the effective date, stating the reasons for the lay-offvacant position. Prior The employee’s failure to RN layoffs the PCC respond in writing within one calendar week to accept any vacant position will be notified 9.5. After construed as non-acceptance, the initial face-to-face meeting official notice, an RN employee’s name will be given two business days immediately removed from the recall list, and the District has no other obligations to exercise their bumping rights. 9.6. Laid off RNs with seniority will be given the opportunity to fill positions of the least senior RNs under the following criterion: a) Same or within .2 of present FTE status, except by mutual agreement. b) Same shift c) If no options on the same shift, the RN may have the option to bump into another shift if they have equal qualification demonstrated by documented competencies within their department. Home departments are defined as follows: ICU, Peds, Med/Surg, NICU, M/B, L&D, childbirth Education, RNU, ED, Ortho, OR, Endo, Radiology, Floats, PACU, Pre-Surgery Clinic, Heart Center, Bridges, Diabetic Clinic, HCBS, Wound Care. d) Vacant positions may be identified within the laid off RN’s home department and, if none, vacant positions then may be identified in other departmentsemployee. If the RN declines the vacant position, the RN will then be offered the position of the least senior RN within the laid off RN’s home department and if none, will be offered the position of the least senior RN outside of the department, provided the laid off RN is qualified to assume job responsibilities with up to thirty- six (36) hours of orientation. If the laid off RN employee does not accept the recalled position offered, he/she may elect to either remain on TPD status or separate from the Medical Center, qualifying for recall. 9.7. Seniority and employment shall terminate upon (a) discharge; (b) resignation; (c) failure to respond to recall from layoff within three (3) working days after notice of recall by phone or certified mail and/or failure to report as agreed; (d) failure to report to work on the first scheduled work day following the end of an approved leave of absence unless the employee has earlier received the Human Resources Director or designees written approval for an adjusted return date; (e) absence from work for three (3) consecutive scheduled working days without reporting, except in extenuating circumstances; or (f) retirement under any applicable pension plan. 9.8. Seniority list for all RNs shall be posted annually in July. A seniority list with names, addresses, and phone numbers will be submitted to the Association on a quarterly basis. 9.9. Seniority status will be available upon individual request from Human Resources. 9.10. Healthcare providers (as recognized at the Medical Center’s discretion) who obtain an RN degree time it is offered and are employed by that position is the Medical Center as an RN shall have fifty percent (50%) same classification and the same numbers hours of the position laid off from, his/her life-to- date hours paid at name shall be immediately removed from the Medical Center credited to their RN seniorityrecall list. 9.11g. This Article is not applicable to a voluntary reduction to a part-time position but is applicable to an involuntary reduction to part-time. h. In the event of a forced layoff, the District shall make an effort to absorb the employees in other areas of the District. 2. The Medical Center may offer some period Unit members employed in full-time positions (40 or more hours per week) on February 1, 1999 shall not be excessed or transferred to a lower wage position during the term of separation pay and/or benefits to RNs affected by a layoff which this contract except for performance/discipline issues (Section 75 where applicable or where the district and association agree otherwise). Positions may be conditioned upon the signing of a general release of all claims and/or a waiver of recall rightseliminated or changed; attrition is accepted.