Common use of Voluntary Reduction in Lieu of Layoff Clause in Contracts

Voluntary Reduction in Lieu of Layoff. A. An employee who is subject to layoff may request a reduction to a lower class provided the employee possesses the minimum qualifications for the class, has served in and passed probation in that class with the Authority or a predecessor employer, and passes any required performance tests. The reduction shall be made if there is a vacant position in the layoff unit or an incumbent in the lower class in the layoff unit has fewer service hours than the employee requesting the reduction. In the latter case, the incumbent in the lower class with the fewest number of service hours shall be subject to layoff. B. Employees who receive notice of layoff shall have five (5) calendar days to notify the Authority in writing of their intent to exercise rights under this Section. C. Failure by an employee to respond to the Authority pursuant to this Section shall result in a rebuttable presumption that the employee does not intend to exercise any right of reduction to a lower class and that the employee’s hire date stated in the layoff notice was correct. D. No employee action or inaction referred to in this Section shall be considered a waiver of an employee’s right to file grievances concerning any matter within the scope of the grievance procedure.