Xxx Off. Separation from service with the EMPLOYER necessitated by lack of work, lack of funds or other reasons without reference to incompetence, misconduct or other behavioral considerations. When such separation is due to emergency circumstances, only a separation in excess of fifteen (15) calendar days shall be considered a layoff.
Xxx Off. In the event of a necessary reduction in the Group, probationary employees shall be laid off first. Group Employees will be laid off in inverse order of seniority (least senior Employee first), provided the remaining Employees have the skill and ability to perform the work. The Board shall give Employees written layoff notice as soon as reasonably possible but not less than 5 working days prior to the layoff. The Board will recall laid off Employees in order of seniority, provided the most senior person on layoff has the skill and ability to perform the work. The Board shall have sole discretion to determine which classification to recall first, and to determine if the Employees have the skills and ability to perform the work. The Board is not required to recall probationary employees.
Xxx Off. In laying off officers because of work shortages, the officer shortest in length of service (seniority) shall be laid off first. In recalling these officers the officer with the greatest length of service (seniority) shall be called back first.
Xxx Off. If an employee is laid-off payment shall be made within twenty-four (24) hours (Saturdays, Sundays and Holidays excepted. Payment, by employee’s choice, shall be made through the Union Hall or by regular mail. Upon layoff, employees will be provided fifteen (15) minutes to pick up, and transport to vehicle, tools and personal items. Failure by the Employer to provide fifteen (15) minutes will result in overtime conditions for the time necessary beyond the end of the shift.
Xxx Off. Employees will be offered re-employment for which they are qualified in the reverse order of seniority, provided that no employee shall be offered a position having a greater number of hours than said employee was assigned at the time of their layoff.
Xxx Off. Lay-off from the plant work force is the final event in a retrogression process. Should a lay- off form the Manufacturing Serviceperson, Serviceperson, Services Trainee, Janitor, or Hiree classification be necessary, it is carried out on the basis of seniority.
Xxx Off. An employee who is (1) “laid off” after the first year of satisfactory service in a Court classification, (2) immediately and continuously employed in another Court classification, and (3) thereafter re-employed in his/her former classification without a break in service, shall, for the purposes of determining salary increments, receive credit for time served while laid off from his/her appointment.
Xxx Off. In the event the District determines that a layoff is necessary, then it will determine the bargaining unit members to be retained by means of the following criteria:
1. A determination of whether employees hold the proper license(s) to fill the remaining positions at the time of layoff.
2. A determination of the seniority of the employees to be retained, with those most senior being retained over those with lesser seniority, except as provided for in this Article. Seniority shall be defined as the total length of continuous employment since the most recent first date of actual service with the District, inclusive of approved leaves of absence. Ties shall be broken by drawing lots.
3. A determination of the merit and/or competence of an employee being retained if the District determines to lay off another employee with greater seniority. If the District determines to retain an employee with less seniority than an employee being released under this section, the district has the burden of proof to show that the employee being retained has more competence or merit than the employee with more seniority who is being laid-off.
a. For purposes of this section, "competence" shall mean the ability to teach a subject or grade level, based upon recent teaching experience or training or both, in that subject or grade level within the past five (5) years, but not solely licensure to teach a subject or grade level.
b. For purposes of this section, "merit" shall mean the ability and effectiveness of one employee over another as determined by the District through its evaluation procedure.
4. Subject to the provisions of B.3. above, the District shall make every reasonable effort to minimize layoffs by transferring teachers of courses scheduled for discontinuance to other positions for which they are licensed and competent, according to the definition of “competence” provided for above.
5. When the District has determined that a position is to be eliminated due to reduction in force, the individual in that position shall be laid off except that the teacher may "bump" any less senior teacher whose position he/she is properly licensed, as of the date of the District reduction decision, to perform unless the District determines that the less senior teacher will be retained because of greater merit and/or competence.
Xxx Off. In the event it becomes necessary for the Employer to lay-off employees, for any reason, employees shall be laid off in the inverse order of their seniority, by classification, with bumping rights. All affected employees shall receive a two (2)-calendar workweek advanced notice of layoff and the City shallmeet with the affected employees prior to the actual occurrence of layoff. Employees shall be recalled from layoff according to their seniority. Recall lists will be kept active for a period of two (2) years; an employee laid off will have no further rights to employment. Notification will be submitted to the employee in writing through certified U.S. Mail to the last known place of residence. No new employees shall be hired until all employees on layoff status have been afforded recall notices.
Xxx Off. 1. In the event of a cut back in programs paraprofessionals shall be terminated on the basis of seniority; the employee with the least seniority being the first to be laid off. Paraprofessionals shall be permitted to exercise their seniority rights to replace a paraprofessional with less seniority in classification. For purposes of this section, classification refers to the distinction between lunch personnel and instructional personnel.
2. Non-certified instructional paraprofessionals may not displace certified instructional paraprofessionals.
3. Paraprofessionals shall be given written notification of termination, at their last listed address provided to the School Department, following the vote of the School Committee.
4. No new employees in the bargaining unit shall be hired until all employees with rights of recall from layoff according to seniority in their particular classification have been offered recall.
5. An employee in the bargaining unit who is laid off because of lack of work and who is recalled within five (5) years shall regain the seniority and shall be credited with the accumulated sick leave to which they were entitled at the time they were laid off.
6. Employees on lay off and those returning from a leave of absence must exercise their seniority rights at the time of posting of available positions. Failure to do so shall indicate a termination of said seniority rights. Employees on lay off shall receive prior notice of the time and place of postings.
7. The School Committee agrees that it shall not contract out any positions or jobs performed by members of the bargaining unit.
