Common use of Workforce Reductions Clause in Contracts

Workforce Reductions. SECTION 1 Layoffs (A) When employees, certified pursuant to Chapter 633, Florida Statutes, are to be laid off, the state shall implement such layoff in the following manner: (1) The competitive area within which layoffs will be affected shall be defined as statewide within each agency. (2) Layoff shall be by class or occupational level within the fire service bargaining unit. (3) An employee who does not have permanent status in his current position may be laid off without applying the provision for retention rights. (4) No employee with permanent status in his current position shall be laid off while an employee who does not hold permanent status is serving in that broadband level, unless the permanent employee does not elect to exercise his retention rights or does not meet the selective competition criteria. (5) All employees who have permanent status in their current position in the affected broadband level shall be ranked on a layoff list based on the total retention points derived as follows: (a) Length of service retention points shall be based on one point for each month of continuous service in a Career Service position. 1) An employee who resigns from one Career Service position to accept employment in another Career Service position is not considered to have a break in service. 2) An employee who has been laid off and is reemployed within one year from the date of the layoff shall not be considered to have a break in service. 3) Moving from Career Service to Selected Exempt Service or Senior Management Service and back to Career Service does not constitute a break in service unless the employee’s break in service is more than 31 calendar days. Only time spent in the Career Service can be counted in calculating retention points. (b) Retention points deducted for performance not meeting performance standards or work expectations defined for the position shall be based on the five years immediately prior to the agency’s established cutoff date. One (1) point shall be deducted for each month an employee has a rating below performance expectations. (6) The layoff list shall be prepared by totaling retention points. Employees eligible for veterans’ preference pursuant to section 295.07(1)(a) or (b), Florida Statutes, shall have 15 percent added to their total retention points, those eligible pursuant to section 295.07(1)(c), (d), or (e), Florida Statutes, shall have ten percent added to their total retention points, and those eligible pursuant to section 295.07(1)(f) or (g), Florida Statutes, shall have five percent added to their total retention points. (7) The employee with the highest total retention points is placed at the top of the list, and the employee with the lowest retention points is placed at the bottom of the list. (8) The employee at the top of the list shall bump the employee at the bottom of the list. The next highest employee on the list and the remaining employees shall be handled in the same manner until the total number of filled positions in the broadband level to be abolished is complete. (9) Should two or more employees have the same combined total of retention points, the order of layoff shall be determined by giving preference for retention in the following sequence: (a) The employee with the longest service in the affected broadband level. (b) The employee with the longest continuous service in the Career Service. (c) The employee who is entitled to veterans’ preference pursuant to section 295.07(1), Florida Statutes. (10) An employee who has permanent status in his current position and who is to be laid off shall be given at least 14 calendar days’ notice of such layoff or in lieu thereof, two weeks’ pay or a combination of days of notice and pay in lieu of the full 14 calendar days’ notice, to be paid at the employee’s current hourly base rate of pay. The state will make a reasonable effort to provide 30 days’ notice of a layoff. The notice of layoff shall be in writing and sent to the employee by certified mail, return receipt requested. Within seven (7) calendar days after receiving the notice of layoff, the employee shall have the right to request a demotion or reassignment within the competitive area, in lieu of layoff, to a position in a broadband level within the bargaining unit in which the employee held permanent status, or to a position at the level of or below the current level in the bargaining unit in which the employee held permanent status. Such request must be in writing and reassignment or demotion cannot be effected to a higher broadband level. (11) An employee’s request for demotion or reassignment shall be granted unless it would cause the layoff of another employee who possesses a greater total of retention points. (12) An employee who is adversely affected as a result of another employee having a greater number of retention points shall have the same right of reassignment or demotion under the same procedure as provided in this section. (13) If an employee requests a demotion or reassignment in lieu of layoff, the same formula and criteria for establishing retention points shall be used as prescribed in this section. (B) If there is to be a layoff of employees, the state shall take all reasonable steps to place any adversely affected employees in existing vacancies for which they are qualified. (C) If work performed by employees in this unit is to be performed by non-state employees, the state agrees to encourage the employing entity to consider any adversely affected unit employees for employment in its organization if the state has been unable to place the employees in other positions within the State Personnel System.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Workforce Reductions. SECTION 1 Layoffs (A) When employees, employees certified pursuant to Chapter 633, Florida Statutes, are to be laid off, the state shall implement such layoff in the following manner: (1) The competitive area within which layoffs will be affected shall be defined as statewide within each agency. (2) Layoff shall be by class or occupational level within the fire service bargaining unit. (3) An employee who does not have permanent status in his current position may be laid off without applying the provision for retention rights. (4) No employee with permanent status in his current position shall be laid off while an employee who does not hold permanent status is serving in that broadband level, unless the permanent employee does not elect to exercise his retention rights or does not meet the selective competition criteria. (5) All employees who have permanent status in their current position in the affected broadband level shall be ranked on a layoff list based on the total retention points derived as follows: (a) Length of service retention points shall be based on one point for each month of continuous service in a Career Service position. 1) An employee who resigns from one Career Service position to accept employment in another Career Service position is not considered to have a break in service. 2) An employee who has been laid off and is reemployed within one year from the date of the layoff layoff, shall not be considered to have a break in service. 3) Moving from Career Service to Selected Exempt Service or Senior Management Service and back to Career Service does not constitute a break in service unless the employee’s break in service is more than 31 calendar days. Only time spent in the Career Service can be counted in calculating retention points. (b) Retention points deducted for performance not meeting performance standards or work expectations defined for the position shall be based on the five years immediately prior to the agency’s established cutoff date. One (1) point shall be deducted for each month an employee has a rating below performance expectations. (6) The layoff list shall be prepared by totaling retention points. Employees eligible for veterans’ preference pursuant to section 295.07(1)(a) or (b), Florida Statutes, shall have 15 percent added to their total retention points, those eligible pursuant to section 295.07(1)(c), (d), or (e), Florida Statutes, shall have ten percent added to their total retention points, and those eligible pursuant to section 295.07(1)(f295.07(1)(c) or (g), Florida Statutes, d) shall have five percent added to their total retention pointsadded. (7) The employee with the highest total retention points is placed at the top of the list, and the employee with the lowest retention points is placed at the bottom of the list. (8) The employee at the top of the list shall bump the employee at the bottom of the list. The next highest employee on the list and the remaining employees shall be handled in the same manner until the total number of filled positions in the broadband level to be abolished is complete. (9) Should two or more employees have the same combined total of retention points, the order of layoff shall be determined by giving preference for retention in the following sequence: (a) The employee with the longest service in the affected broadband level. (b) The employee with the longest continuous service in the Career Service. (c) The employee who is entitled to veterans’ preference pursuant to section 295.07(1), Florida Statutes. (10) An employee who has permanent status in his current position and who is to be laid off shall be given at least 14 calendar days’ notice of such layoff or in lieu thereof, two weeks’ pay or a combination of days of notice and pay in lieu of the full 14 calendar days’ notice, to be paid at the employee’s current hourly base rate of pay. The state will make a reasonable effort to provide 30 days’ notice of a layoff. The notice of layoff shall be in writing and sent to the employee by certified mail, return receipt requested. Within seven (7) calendar days after receiving the notice of layoff, the employee shall have the right to request a demotion or reassignment within the competitive area, in lieu of layoff, to a position in a broadband level within the bargaining unit in which the employee held permanent status, or to a position at the level of or below the current level in the bargaining unit in which the employee held permanent status. Such request must be in writing and reassignment or demotion cannot be effected to a higher broadband level. (11) An employee’s request for demotion or reassignment shall be granted unless it would cause the layoff of another employee who possesses a greater total of retention points. (12) An employee who is adversely affected as a result of another employee having a greater number of retention points shall have the same right of reassignment or demotion under the same procedure as provided in this section. (13) If an employee requests a demotion or reassignment in lieu of layoff, the same formula and criteria for establishing retention points shall be used as prescribed in this section. (B) If there is to be a layoff of employees, the state shall take all reasonable steps to place any adversely affected employees in existing vacancies for which they are qualified. (C) If work performed by employees in this unit is to be performed by non-state employees, the state agrees to encourage the employing entity to consider any adversely affected unit employees for employment in its organization if the state has been unable to place the employees in other positions within the State Personnel System.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Workforce Reductions. SECTION 1 Layoffs (A) When employees, certified pursuant to Chapter 633, Florida Statutes, are to be laid off, the state shall implement such layoff in the following mannerfollowingmanner: (1) The competitive area within which layoffs will be affected shall be defined as statewide within each agency. (2) Layoff shall be by class or occupational level within the fire service bargaining unit. (3) An employee who does not have permanent status in his current position may be laid off without applying the provision for retention rights. (4) No employee with permanent status in his current position shall be laid off while an employee who does not hold permanent status is serving in that broadband level, level unless the permanent employee does not elect to exercise his retention rights or does not meet the selective competition criteria. (5) All employees who have permanent status in their current position in the affected broadband level shall be ranked on a layoff list based on the total retention points derived as follows: (a) Length of service retention points shall be based on one point for each month of continuous service in a Career Service position. 1) An employee who resigns from one Career Service position to accept employment in another Career Service position is not considered to have a break in service. 2) An employee who has been laid off and is reemployed within one year from the date of the layoff shall not be considered to have a break in serviceinservice. 3) Moving from Career Service to Selected Exempt Service or Senior Management Service and back to Career Service does not constitute a break in service unless the employee’s break in service is more than 31 calendar days. Only time spent in the Career Service can be counted in calculating retention points. (b) Retention points deducted for performance not meeting performance standards or work expectations defined for the position shall be based on the five years immediately prior to the agency’s established cutoff date. One (1) point shall be deducted for each month an employee has a rating below performance expectations. (6) The layoff list shall be prepared by totaling retention points. Employees eligible for veterans’ preference pursuant to section 295.07(1)(a) or (b), Florida Statutes, shall have 15 percent added to their total retention points, those eligible pursuant to section 295.07(1)(c), (d), or (e), Florida Statutes, shall have ten percent added to their total retention points, and those eligible pursuant to section 295.07(1)(f) or (g), Florida Statutes, shall have five percent added to their total retention points. (7) The employee with the highest total retention points is placed at the top of the list, and the employee with the lowest retention points is placed at the bottom of the list. (8) The employee at the top of the list shall bump the employee at the bottom of the list. The next highest employee on the list and the remaining employees shall be handled in the same manner until the total number of filled positions in the broadband level to be abolished is complete. (9) Should two or more employees have the same combined total of retention points, the order of layoff shall be determined by giving preference for retention in the following sequence: (a) The employee with the longest service in the affected broadband broad band level. (b) The employee with the longest continuous service in the Career Service. (c) The employee who is entitled to veterans’ preference pursuant to section 295.07(1), Florida Statutes. (10) An employee who has permanent status in his current position and who is to be laid off shall be given at least 14 calendar days’ notice of such layoff or in lieu thereof, two weeks’ pay or a combination of days of notice and pay in lieu of the full 14 calendar days’ notice, to be paid at the employee’s current hourly base rate of pay. The state will make a reasonable effort to provide 30 days’ notice of a layoff. The notice of layoff shall be in writing and sent to the employee by certified mail, return receipt requested. Within seven (7) calendar days after receiving the notice of layoff, the employee shall have the right to request a demotion or reassignment within the competitive area, in lieu of layoff, to a position in a broadband level within the bargaining unit in which the employee held permanent status, or to a position at the level of or below the current level in the bargaining unit in which the employee held permanent status. Such request must be in writing and reassignment or demotion cannot be effected affected to a higher broadband level. (11) An employee’s request for demotion or reassignment shall be granted unless it would cause the layoff of another employee who possesses a greater total of retention points. (12) An employee who is adversely affected as a result of another employee having a greater number of retention points shall have the same right of reassignment or demotion under the same procedure as provided in this section. (13) If an employee requests a demotion or reassignment in lieu of layoff, the same formula and criteria for establishing retention points shall be used as prescribed in this section. (B) If there is to be a layoff of employees, the state shall take all reasonable steps to place any adversely affected employees in existing vacancies for which they are qualifiedarequalified. (C) If work performed by employees in this unit is to be performed by non-state employees, the state agrees to encourage the employing entity to consider any adversely affected unit employees for employment in its organization if the state has been unable to place the employees in other positions within the State Personnel System.

Appears in 2 contracts

Samples: Fire Service Bargaining Agreement, Fire Service Bargaining Unit Agreement

Workforce Reductions. SECTION 1 Layoffs (A) When employees, employees certified pursuant to Chapter 633, Florida Statutes, are to be laid off, the state shall implement such layoff in the following manner: (1) The competitive area within which layoffs will be affected shall be defined as statewide within each agency. (2) Layoff shall be by class or occupational level within the fire service bargaining unit. (3) An employee who does not have permanent status in his current position may be laid off without applying the provision for retention rights. (4) No employee with permanent status in his current position shall be laid off while an employee who does not hold permanent status is serving in that broadband level, unless the permanent employee does not elect to exercise his retention rights or does not meet the selective competition criteria. (5) All employees who have permanent status in their current position in the affected broadband level shall be ranked on a layoff list based on the total retention points derived as follows: (a) Length of service retention points shall be based on one point for each month of continuous service in a Career Service position. 1) An employee who resigns from one Career Service position to accept employment in another Career Service position is not considered to have a break in service. 2) An employee who has been laid off and is reemployed within one year from the date of the layoff layoff, shall not be considered to have a break in service. 3) Moving from Career Service to Selected Exempt Service or Senior Management Service and back to Career Service does not constitute a break in service unless the employee’s break in service is more than 31 calendar days. Only time spent in the Career Service can be counted in calculating retention points. (b) Retention points deducted for performance not meeting performance standards or work expectations defined for the position shall be based on the five years immediately prior to the agency’s established cutoff date. One (1) point shall be deducted for each month an employee has a rating below performance expectations. (6) The layoff list shall be prepared by totaling retention points. Employees eligible for veterans’ preference pursuant to section 295.07(1)(a) or (b), Florida Statutes, shall have 15 percent added to their total retention points, those eligible pursuant to section 295.07(1)(c), (d), or (e), Florida Statutes, shall have ten percent added to their total retention points, and those eligible pursuant to section 295.07(1)(f) or (g), Florida Statutes, shall have five percent added to their total retention points. (7) The employee with the highest total retention points is placed at the top of the list, and the employee with the lowest retention points is placed at the bottom of the list. (8) The employee at the top of the list shall bump the employee at the bottom of the list. The next highest employee on the list and the remaining employees shall be handled in the same manner until the total number of filled positions in the broadband level to be abolished is complete. (9) Should two or more employees have the same combined total of retention points, the order of layoff shall be determined by giving preference for retention in the following sequence: (a) The employee with the longest service in the affected broadband level. (b) The employee with the longest continuous service in the Career Service. (c) The employee who is entitled to veterans’ preference pursuant to section 295.07(1), Florida Statutes. (10) An employee who has permanent status in his current position and who is to be laid off shall be given at least 14 calendar days’ notice of such layoff or in lieu thereof, two weeks’ pay or a combination of days of notice and pay in lieu of the full 14 calendar days’ notice, to be paid at the employee’s current hourly base rate of pay. The state will make a reasonable effort to provide 30 days’ notice of a layoff. The notice of layoff shall be in writing and sent to the employee by certified mail, return receipt requested. Within seven (7) calendar days after receiving the notice of layoff, the employee shall have the right to request a demotion or reassignment within the competitive area, in lieu of layoff, to a position in a broadband level within the bargaining unit in which the employee held permanent status, or to a position at the level of or below the current level in the bargaining unit in which the employee held permanent status. Such request must be in writing and reassignment or demotion cannot be effected to a higher broadband level. (11) An employee’s request for demotion or reassignment shall be granted unless it would cause the layoff of another employee who possesses a greater total of retention points. (12) An employee who is adversely affected as a result of another employee having a greater number of retention points shall have the same right of reassignment or demotion under the same procedure as provided in this section. (13) If an employee requests a demotion or reassignment in lieu of layoff, the same formula and criteria for establishing retention points shall be used as prescribed in this section. (B) If there is to be a layoff of employees, the state shall take all reasonable steps to place any adversely affected employees in existing vacancies for which they are qualified. (C) If work performed by employees in this unit is to be performed by non-state employees, the state agrees to encourage the employing entity to consider any adversely affected unit employees for employment in its organization if the state has been unable to place the employees in other positions within the State Personnel System.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Workforce Reductions. SECTION 1 Layoffs (A) When employees, employees certified pursuant to Chapter 633, Florida Statutes, are to be laid off, the state shall implement such layoff in the following manner: (1) The competitive area within which layoffs will be affected shall be defined as statewide within each agency. (2) Layoff shall be by class or occupational level within the fire service bargaining unit. (3) An employee who does not have permanent status in his current position may be laid off without applying the provision for retention rights. (4) No employee with permanent status in his current position shall be laid off while an employee who does not hold permanent status is serving in that broadband level, unless the permanent employee does not elect to exercise his retention rights or does not meet the selective competition criteria. (5) All employees who have permanent status in their current position in the affected broadband level shall be ranked on a layoff list based on the total retention points derived as follows: (a) Length of service retention points shall be based on one point for each month of continuous service in a Career Service position. 1) An employee who resigns from one Career Service position to accept employment in another Career Service position is not considered to have a break in service. 2) An employee who has been laid off and is reemployed within one year from the date of the layoff shall not be considered to have a break in service. 3) Moving from Career Service to Selected Exempt Service or Senior Management Service and back to Career Service does not constitute a break in service unless the employee’s break in service is more than 31 calendar days. Only time spent in the Career Service can be counted in calculating retention points. (b) Retention points deducted for performance not meeting performance standards or work expectations defined for the position shall be based on the five years immediately prior to the agency’s established cutoff date. One (1) point shall be deducted for each month an employee has a rating below performance expectations. (6) The layoff list shall be prepared by totaling retention points. Employees eligible for veterans’ preference pursuant to section 295.07(1)(a) or (b), Florida Statutes, shall have 15 percent added to their total retention points, those eligible pursuant to section 295.07(1)(c), (d), or (e), Florida Statutes, shall have ten percent added to their total retention points, and those eligible pursuant to section 295.07(1)(f) or (g), Florida Statutes, shall have five percent added to their total retention points. (7) The employee with the highest total retention points is placed at the top of the list, and the employee with the lowest retention points is placed at the bottom of the list. (8) The employee at the top of the list shall bump the employee at the bottom of the list. The next highest employee on the list and the remaining employees shall be handled in the same manner until the total number of filled positions in the broadband level to be abolished is complete. (9) Should two or more employees have the same combined total of retention points, the order of layoff shall be determined by giving preference for retention in the following sequence: (a) The employee with the longest service in the affected broadband level. (b) The employee with the longest continuous service in the Career Service. (c) The employee who is entitled to veterans’ preference pursuant to section 295.07(1), Florida Statutes. (10) An employee who has permanent status in his current position and who is to be laid off shall be given at least 14 calendar days’ notice of such layoff or in lieu thereof, two weeks’ pay or a combination of days of notice and pay in lieu of the full 14 calendar days’ notice, to be paid at the employee’s current hourly base rate of pay. The state will make a reasonable effort to provide 30 days’ notice of a layoff. The notice of layoff shall be in writing and sent to the employee by certified mail, return receipt requested. Within seven (7) calendar days after receiving the notice of layoff, the employee shall have the right to request a demotion or reassignment within the competitive area, in lieu of layoff, to a position in a broadband level within the bargaining unit in which the employee held permanent status, or to a position at the level of or below the current level in the bargaining unit in which the employee held permanent status. Such request must be in writing and reassignment or demotion cannot be effected to a higher broadband level. (11) An employee’s request for demotion or reassignment shall be granted unless it would cause the layoff of another employee who possesses a greater total of retention points. (12) An employee who is adversely affected as a result of another employee having a greater number of retention points shall have the same right of reassignment or demotion under the same procedure as provided in this section. (13) If an employee requests a demotion or reassignment in lieu of layoff, the same formula and criteria for establishing retention points shall be used as prescribed in this section. (B) If there is to be a layoff of employees, the state shall take all reasonable steps to place any adversely affected employees in existing vacancies for which they are qualified. (C) If work performed by employees in this unit is to be performed by non-state employees, the state agrees to encourage the employing entity to consider any adversely affected unit employees for employment in its organization if the state has been unable to place the employees in other positions within the State Personnel System.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Workforce Reductions. SECTION 1 Layoffs (A) When employees, employees certified pursuant to Chapter 633, Florida Statutes, are to be laid off, the state shall implement such layoff in the following manner: (1) The competitive area within which layoffs will be affected shall be defined as statewide within each agency. (2) Layoff shall be by class or occupational level within the fire service bargaining unit. (3) An employee who does not have permanent status in his current position may be laid off without applying the provision for retention rights. (4) No employee with permanent status in his current position shall be laid off while an employee who does not hold permanent status is serving in that broadband level, unless the permanent employee does not elect to exercise his retention rights or does not meet the selective competition criteria. (5) All employees who have permanent status in their current position in the affected broadband level shall be ranked on a layoff list based on the total retention points derived as follows: (a) Length of service retention points shall be based on one point for each month of continuous service in a Career Service position. (1) An employee who resigns from one Career Service position to accept employment in another Career Service position is not considered to have a break in service. (2) An employee who has been laid off and is reemployed within one year from the date of the layoff layoff, shall not be considered to have a break in service. (3) Moving from Career Service to Selected Exempt Service or Senior Management Service and back to Career Service does not constitute a break in service unless the employee’s break in service is more than 31 calendar days. Only time spent in the Career Service can be counted in calculating retention points. (b) Retention points deducted for performance not meeting performance standards or work expectations defined for the position shall be based on the five years immediately prior to the agency’s established cutoff date. One (1) point shall be deducted for each month an employee has a rating below performance expectations. (6) The layoff list shall be prepared by totaling retention points. Employees eligible for veterans’ preference pursuant to section 295.07(1)(a) or (b), Florida Statutes, shall have 15 percent added to their total retention points, those eligible pursuant to section 295.07(1)(c), (d), or (e), Florida Statutes, shall have ten percent added to their total retention points, and those eligible pursuant to section 295.07(1)(f295.07(1)(c) or (g), Florida Statutes, d) shall have five percent added to their total retention pointsadded. (7) The employee with the highest total retention points is placed at the top of the list, and the employee with the lowest retention points is placed at the bottom of the list. (8) The employee at the top of the list shall bump the employee at the bottom of the list. The next highest employee on the list and the remaining employees shall be handled in the same manner until the total number of filled positions in the broadband level to be abolished is complete. (9) Should two or more employees have the same combined total of retention points, the order of layoff shall be determined by giving preference for retention in the following sequence: (a) The employee with the longest service in the affected broadband level. (b) The employee with the longest continuous service in the Career Service. (c) The employee who is entitled to veterans’ preference pursuant to section 295.07(1), Florida Statutes. (10) An employee who has permanent status in his current position and who is to be laid off shall be given at least 14 calendar days’ notice of such layoff or in lieu thereof, two weeks’ pay or a combination of days of notice and pay in lieu of the full 14 calendar days’ notice, to be paid at the employee’s current hourly base rate of pay. The state will make a reasonable effort to provide 30 days’ notice of a layoff. The notice of layoff shall be in writing and sent to the employee by certified mail, return receipt requested. Within seven (7) calendar days after receiving the notice of layoff, the employee shall have the right to request a demotion or reassignment within the competitive area, in lieu of layoff, to a position in a broadband level within the bargaining unit in which the employee held permanent status, or to a position at the level of or below the current level in the bargaining unit in which the employee held permanent status. Such request must be in writing and reassignment or demotion cannot be effected to a higher broadband level. (11) An employee’s request for demotion or reassignment shall be granted unless it would cause the layoff of another employee who possesses a greater total of retention points. (12) An employee who is adversely affected as a result of another employee having a greater number of retention points shall have the same right of reassignment or demotion under the same procedure as provided in this section. (13) If an employee requests a demotion or reassignment in lieu of layoff, the same formula and criteria for establishing retention points shall be used as prescribed in this section. (B) If there is to be a layoff of employees, the state shall take all reasonable steps to place any adversely affected employees in existing vacancies for which they are qualified. (C) If work performed by employees in this unit is to be performed by non-state employees, the state agrees to encourage the employing entity to consider any adversely affected unit employees for employment in its organization if the state has been unable to place the employees in other positions within the State Personnel System.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Workforce Reductions. SECTION 1 Layoffs (A) When employees, certified pursuant to Chapter 633, Florida Statutes, are to be laid off, the state shall implement such layoff in the following mannerfollowingmanner: (1) The competitive area within which layoffs will be affected shall be defined as statewide within each agency. (2) Layoff shall be by class or occupational level within the fire service bargaining unit. (3) An employee who does not have permanent status in his current position may be laid off without applying the provision for retention rights. (4) No employee with permanent status in his current position shall be laid off while an employee who does not hold permanent status is serving in that broadband level, level unless the permanent employee does not elect to exercise his exercisehis retention rights or does not meet the selective competition criteria. (5) All employees who have permanent status in their current position in the affected broadband level shall be ranked on a layoff list based on the total retention points derived as follows: (a) Length of service retention points shall be based on one point for each month of continuous service in a Career Service position. 1) An employee who resigns from one Career Service position to accept employment in another Career Service position is not considered to have a break in service. 2) An employee who has been laid off and is reemployed within one year from the date of the layoff shall not be considered to have a break in service. 3) Moving from Career Service to Selected Exempt Service or Senior Management Service and back to Career Service does not constitute a break in service unless the employee’s break in service is more than 31 calendar days. Only time spent in the Career Service can be counted in calculating retention points. (b) Retention points deducted for performance not meeting performance standards or work expectations defined for the position shall be based on the five years immediately prior to the agency’s established cutoff date. One (1) point shall be deducted for each month an employee has a rating below performance expectations. (6) The layoff list shall be prepared by totaling retention points. Employees eligible for veterans’ preference pursuant to section 295.07(1)(a) or (b), Florida Statutes, shall have 15 percent added to their total retention points, those eligible pursuant to section 295.07(1)(c), (d), or (e), Florida Statutes, shall have ten percent added to their total retention points, and those eligible pursuant to section 295.07(1)(f) or (g), Florida Statutes, shall have five percent added to their total retention points. (7) The employee with the highest total retention points is placed at the top of the list, and the employee with the lowest retention points is placed at the bottom of the list. (8) The employee at the top of the list shall bump the employee at the bottom of the list. The next highest employee on the list and the remaining employees shall be handled in the same manner until the total number of filled positions in the broadband level to be abolished is complete. (9) Should two or more employees have the same combined total of retention points, the order of layoff shall be determined by giving preference for retention in the following sequence: (a) The employee with the longest service in the affected broadband broad band level. (b) The employee with the longest continuous service in the Career Service. (c) The employee who is entitled to veterans’ preference pursuant to section 295.07(1), Florida Statutes. (10) An employee who has permanent status in his current position and who is to be laid off shall be given at least 14 calendar days’ notice of such layoff or in lieu thereof, two weeks’ pay or a combination of days of notice and pay in lieu of the full 14 calendar days’ notice, to be paid at the employee’s current hourly base rate of pay. The state will make a reasonable effort to provide 30 days’ notice of a layoff. The notice of layoff shall be in writing and sent to the employee by certified mail, return receipt requested. Within seven (7) calendar days after receiving the notice of layoff, the employee shall employeeshall have the right to request a demotion or reassignment within the competitive area, in lieu of layoff, to a position in a broadband level within the bargaining unit in which the employee held permanent status, or to a position at the level of or below the current level in the bargaining unit in which the employee held permanent status. Such request must be in writing and reassignment or demotion cannot be effected affected to a higher broadband level. (11) An employee’s request for demotion or reassignment shall be granted unless it would cause the layoff of another employee who possesses a greater total of retention points. (12) An employee who is adversely affected as a result of another employee having a greater number of retention points shall have the same right of reassignment or demotion under the same procedure as provided in this section. (13) If an employee requests a demotion or reassignment in lieu of layoff, the same formula and criteria for establishing retention points shall be used as prescribed in this section. (B) If there is to be a layoff of employees, the state shall take all reasonable steps to place any adversely affected employees in existing vacancies for which they are qualifiedarequalified. (C) If work performed by employees in this unit is to be performed by non-state employees, the state agrees to encourage the employing entity to consider any adversely affected unit employees for employment in its organization if the state has been unable to place the employees in other positions within the State Personnel System.

Appears in 1 contract

Samples: Fire Service Bargaining Unit Agreement

Workforce Reductions. SECTION 1 Layoffs (A) When employees, certified pursuant to Chapter 633, Florida Statutes, are to be laid off, the state shall implement such layoff in the following mannerfollowingmanner: (1) The competitive area within which layoffs will be affected shall be defined as statewide within each agency. (2) Layoff shall be by class or occupational level within the fire service bargaining unit. (3) An employee who does not have permanent status in his current position may be laid off without applying the provision for retention rights. (4) No employee with permanent status in his current position shall be laid off while an employee who does not hold permanent status is serving in that broadband level, level unless the permanent employee does not elect to exercise his retention rights or does not meet the selective competition criteria. (5) All employees who have permanent status in their current position in the affected broadband level shall be ranked on a layoff list based on the total retention points derived as follows: (a) Length of service retention points shall be based on one point for each month of continuous service in a Career Service position. 1) An employee who resigns from one Career Service position to accept employment in another Career Service position is not considered to have a break in service. 2) An employee who has been laid off and is reemployed within one year from the date of the layoff shall not be considered to have a break in serviceinservice. 3) Moving from Career Service to Selected Exempt Service or Senior Management Service and back to Career Service does not constitute a break in service unless the employee’s break in service is more than 31 calendar days. Only time spent in the Career Service can be counted in calculating retention points. (b) Retention points deducted for performance not meeting performance standards or work expectations defined for the position shall be based on the five years immediately prior to the agency’s established cutoff date. One (1) point shall be deducted for each month an employee has a rating below performance expectations. (6) The layoff list shall be prepared by totaling retention points. Employees eligible for veterans’ preference pursuant to section 295.07(1)(a) or (b), Florida Statutes, shall have 15 percent added to their total retention points, those eligible pursuant to section 295.07(1)(c), (d), or (e), Florida Statutes, shall have ten percent added to their total retention points, and those eligible pursuant to section 295.07(1)(f) or (g), Florida Statutes, shall have five percent added to their total retention points. (7) The employee with the highest total retention points is placed at the top of the list, and the employee with the lowest retention points is placed at the bottom of the listthelist. (8) The employee at the top of the list shall bump the employee at the bottom of the list. The next highest employee on the list and the remaining employees shall be handled in the same manner until the total number of filled positions in the broadband level to be abolished is complete. (9) Should two or more employees have the same combined total of retention points, the order of layoff shall be determined by giving preference for retention in the following sequence: (a) The employee with the longest service in the affected broadband broad band level. (b) The employee with the longest continuous service in the Career Service. (c) The employee who is entitled to veterans’ preference pursuant to section 295.07(1), Florida Statutes. (10) An employee who has permanent status in his current position and who is to be laid off shall be given at least 14 calendar days’ notice of such layoff or in lieu thereof, two weeks’ pay or a combination of days of notice and pay in lieu of the full 14 calendar days’ notice, to be paid at the employee’s current hourly base rate of pay. The state will make a reasonable effort to provide 30 days’ notice of a layoff. The notice of layoff shall be in writing and sent to the employee by certified mail, return receipt requested. Within seven (7) calendar days after receiving the notice of layoff, the employee shall have the right to request a demotion or reassignment within the competitive area, in lieu of layoff, to a position in a broadband level within the bargaining unit in which the employee held permanent status, or to a position at the level of or below the current level in the bargaining unit in which the employee held permanent status. Such request must be in writing and reassignment or demotion cannot be effected affected to a higher broadband level. (11) An employee’s request for demotion or reassignment shall be granted unless it would cause the layoff of another employee who possesses a greater total of retention points. (12) An employee who is adversely affected as a result of another employee having a greater number of retention points shall have the same right of reassignment or demotion under the same procedure as provided in this section. (13) If an employee requests a demotion or reassignment in lieu of layoff, the same formula and criteria for establishing retention points shall be used as prescribed in this section. (B) If there is to be a layoff of employees, the state shall take all reasonable steps to place any adversely affected employees in existing vacancies for which they are qualifiedarequalified. (C) If work performed by employees in this unit is to be performed by non-state employees, the state agrees to encourage the employing entity to consider any adversely affected unit employees for employment in its organization if the state has been unable to place the employees in other positions within the State Personnel System.

Appears in 1 contract

Samples: Fire Service Bargaining Agreement

Workforce Reductions. SECTION 1 Layoffs (A) When employees, certified pursuant to Chapter 633, Florida Statutes, are to be laid off, the state shall implement such layoff in the following manner: (1) The competitive area within which layoffs will be affected shall be defined as statewide within each agency. (2) Layoff shall be by class or occupational level within the fire service bargaining unit. (3) An employee who does not have permanent status in his current position may be laid off without applying the provision for retention rights. (4) No employee with permanent status in his current position shall be laid off while an employee who does not hold permanent status is serving in that broadband level, unless the permanent employee does not elect to exercise his retention rights or does not meet the selective competition criteria. (5) All employees who have permanent status in their current position in the affected broadband level shall be ranked on a layoff list based on the total retention points derived as follows: (a) Length of service retention points shall be based on one point for each month of continuous service in a Career Service position. 1) An employee who resigns from one Career Service position to accept employment in another Career Service position is not considered to have a break in service. 2) An employee who has been laid off and is reemployed within one year from the date of the layoff shall not be considered to have a break in service. 3) Moving from Career Service to Selected Exempt Service or Senior Management Service and back to Career Service does not constitute a break in service unless the employee’s break in service is more than 31 calendar days. Only time spent in the Career Service can be counted in calculating retention points. (b) Retention points deducted for performance not meeting performance standards or work expectations defined for the position shall be based on the five years immediately prior to the agency’s established cutoff date. One (1) point shall be deducted for each month an employee has a rating below performance expectations. (6) The layoff list shall be prepared by totaling retention points. Employees eligible for veterans’ preference pursuant to section 295.07(1)(a) or (b), Florida Statutes, shall have 15 percent added to their total retention points, those eligible pursuant to section 295.07(1)(c), (d), or (e), Florida Statutes, shall have ten percent added to their total retention points, and those eligible pursuant to section 295.07(1)(f) or (g), Florida Statutes, shall have five percent added to their total retention points. (7) The employee with the highest total retention points is placed at the top of the list, and the employee with the lowest retention points is placed at the bottom of the list. (8) The employee at the top of the list shall bump the employee at the bottom of the list. The next highest employee on the list and the remaining employees shall be handled in the same manner until the total number of filled positions in the broadband level to be abolished is complete. (9) Should two or more employees have the same combined total of retention points, the order of layoff shall be determined by giving preference for retention in the following sequence: (a) The employee with the longest service in the affected broadband level. (b) The employee with the longest continuous service in the Career Service. (c) The employee who is entitled to veterans’ preference pursuant to section 295.07(1), Florida Statutes. (10) An employee who has permanent status in his current position and who is to be laid off shall be given at least 14 calendar days’ notice of such layoff or in lieu thereof, two weeks’ pay or a combination of days of notice and pay in lieu of the full 14 calendar days’ notice, to be paid at the employee’s current hourly base rate of pay. The state will make a reasonable effort to provide 30 days’ notice of a layoff. The notice of layoff shall be in writing and sent to the employee by certified mail, return receipt requested. Within seven (7) calendar days after receiving the notice of layoff, the employee shall have the right to request a demotion or reassignment within the competitive area, in lieu of layoff, to a position in a broadband level within the bargaining unit in which the employee held permanent status, or to a position at the level of or below the current level in the bargaining unit in which the employee held permanent status. Such request must be in writing and reassignment or demotion cannot be effected to a higher broadband level. (11) An employee’s request for demotion or reassignment shall be granted unless it would cause the layoff of another employee who possesses a greater total of retention points. (12) An employee who is adversely affected as a result of another employee having a greater number of retention points shall have the same right of reassignment or demotion under the same procedure as provided in this section. (13) If an employee requests a demotion or reassignment in lieu of layoff, the same formula and criteria for establishing retention points shall be used as prescribed in this section. (B) If there is to be a layoff of employees, the state shall take all reasonable steps to place any adversely affected employees in existing vacancies for which they are qualified. (C) If work performed by employees in this unit is to be performed by non-state employees, the state agrees to encourage the employing entity to consider any adversely affected unit employees for employment in its organization if the state has been unable to place the employees in other positions within the State Personnel System.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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