Common use of Unscheduled Layoff/Involuntary Transfer Clause in Contracts

Unscheduled Layoff/Involuntary Transfer. The Employer may lay off Employees because of reduction of force due to lack of funds, work, or for other compelling reasons. When the Employer determines that a layoff or involuntary transfer(s) is (are) necessary, such layoff or transfer(s) shall be based upon the needs of the College, and the seniority, and the qualifications of the Employees. An Employee transferred to a lower pay range shall be placed at the Employee's current rate of pay. Under the broadband system, there is no maximum pay level in any range. Any permanent Employee subject to layoff or a permanent reduction in work hours shall be given thirty (30) calendar days advance notice of the action. In cases where the College can show financial exigency, the College will provide as much notice as possible. Any unscheduled layoff shall have prior approval of the Human Resources Director or her/his designee and the President or his/her designee. Senior Employees subject to layoff may elect to bump temporary or probationary employees if they meet the minimum qualifications required for the position, or the least senior Employee at the same pay range if that Employee holds a position for which the Employee subject to layoff is qualified, or the least senior Employee in each lower pay range who holds a position for which the Employee subject to layoff is qualified if there is no position in the same pay range for which the Employee qualifies. Employees who elect to bump to a lower pay range shall continue to be paid at their current rate of pay for six (6) working months after the change in pay range placement. Thereafter, the Employee will be paid at a lower rate calculated at 2.5% per pay range of demotion. The applications of Employees with permanent status who are on layoff and are qualified to fill a vacancy or newly-created position will be given preference over other applications from outside the bargaining unit. Employees on layoff status shall be recalled to their previously held position if it becomes available within one (1) year from the date of layoff. In recalling Employees, the Employer shall send a certified, return receipt letter to the last known address of the Employee with a copy to the Union. The letter shall state that failure to notify the Employer within fifteen (15) working days of their intent to return to work shall constitute forfeiture of all recall rights.

Unscheduled Layoff/Involuntary Transfer. The Employer may lay off Employees because of reduction of force due to lack of funds, work, or for other compelling reasons. When the Employer determines that a layoff or involuntary transfer(s) is (areis(are) necessary, such layoff or transfer(s) shall be based upon the needs of the College, and the seniority, and the qualifications of the Employees. An Employee transferred to a lower pay range shall be placed at the Employee's current rate of pay. Under the broadband system, there is no maximum pay level in any range. Any permanent Employee subject to layoff or a permanent reduction in work hours shall be given thirty (30) calendar days advance notice of the action. In cases where the College can show financial exigency, the College will provide as much notice as possible. Any unscheduled layoff shall have prior approval of the Human Resources Director or her/his designee and the President or his/her designee. Senior Employees subject to layoff may elect to bump temporary or probationary employees if they meet the minimum qualifications required for the position, or the least senior Employee at the same pay range if that Employee holds a position for which the Employee subject to layoff is qualified, or the least senior Employee in each lower pay range who holds a position for which the Employee subject to layoff is qualified if there is no position in the same pay range for which the Employee qualifies. Employees who elect to bump to a lower pay range shall continue to be paid at their current rate of pay for six (6) working months after the change in pay range placement. Thereafter, the Employee will be paid at a lower rate calculated at 2.5% per pay range of demotion. The applications of Employees with permanent status who are on layoff and are qualified to fill a vacancy or newly-created position will be given preference over other applications from outside the bargaining unit. Employees on layoff status shall be recalled to their previously held position if it becomes available within one (1) year from the date of layoff. In recalling Employees, the Employer shall send a certified, return receipt letter to the last known address of the Employee with a copy to the Union. The letter shall state that failure to notify the Employer within fifteen (15) working days of their intent to return to work shall constitute forfeiture of all recall rights.