Temporary Downsizing. Section 1. The Employer and the Union recognize the need for a system to temporarily downsize the staff if the census/workload drops in an area of the facilities where members covered by this Agreement are employed. No employee will be required to be downsized for any hours lower than the full-time equivalent (FTE) he/she was hired for.
Section 2. Floating (under Article 15, Xxxxxxx 00 (x)) may occur prior to downsizing only in instances of a PTU or same day intermittent FMLA. As stipulated under Article 19, Section 6, floating is also governed by MOU #s 26 and 30.
Section 3. In departments with variable staffing the Employer will not downsize staff or utilize the downsizing process outlined in Section 3. below, until two (2) hours prior to the start of a shift. The Employer will not downsize staff below the staffing grid after the start of the shift.
Section 4. The Employer will contact bargaining unit members at least one (1) hour prior to the start of the shift if they are to be downsized. If the Employer fails to provide the one (1) hour downsizing notice required in this article, affected employees will be utilized to work or paid at least four (4) hours of pay at the appropriate rate.
Section 5. If it becomes necessary to temporarily reduce the number of employees in a particular department or unit, the reduction will be completed as outlined below:
a.) any scheduled agency, travel, temporary (non-union) personnel in the affected area will be canceled or floated;
b.) any scheduled overtime (time paid at time and one-half) will be canceled in inverse order of seniority;
c.) any employee who was previously denied a PTO request will be offered PTO next, in order of seniority;
d.) volunteers will be offered paid time off in order of seniority on a rotating basis (wheel);
e.) volunteers will be offered excused absence time without pay in order of seniority on a rotating basis (wheel);
f.) per diem time in excess of commitment days will be canceled in inverse order of seniority;
g.) any scheduled hours in excess of an employee's normal work week (i.e.: part-time employees in excess of the minimum weekly hours for which they were hired) as denoted on the employee's schedule, will be canceled in inverse order of seniority and such employees may use accrued Paid Time Off;
h.) per diem employees who are scheduled their minimum requirement will be canceled in inverse order of seniority;
i.) flexible employees will be flexed down per Article 11 of this Agreement...
Temporary Downsizing. 1.11.1 If the Association decides to reduce working hours in a geographic service area for less than twenty-one (21) calendar days, it will follow the procedure below:
a.) The Association will first cancel all working hours for temporary, per diem and contracted employees.
b.) If the Association decides to further reduce hours, it will not schedule any employee to work more than forty (40) hours in the same work week.
c.) If the Association decides to further reduce hours, all remaining employees will be reduced by inverse seniority to minimum weekly working hours.
d.) Employees affected in b and c above will be offered work in another geographic service area, on a voluntary basis by seniority, assuming such work is available.
e.) The hours reduced under this procedure will not include the hours on a posted schedule. If additional reductions are to be made, or if the reductions will extend beyond twenty-one (21) days, the layoff provisions below will apply.
