Xxxxxx and Recall. A. If the board determines that a reduction in the number of regular classified employees is necessary, layoffs shall be in reverse order of seniority within bargaining unit classifications as defined in section G. of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBA. In the event the board determines that a reduction in force is necessary, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights for a period of 27 months from the date of the layoff. B. When the board abolishes a particular position, the employee filling that position is not necessarily the person to be laid off. The person to be laid off shall be the least senior employee in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order. 1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position. 2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level. C. A bumped employee may then exercise the right to bump in accordance with the following provisions: 1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified. 2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee. 3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position. 4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position. 5. An employee may only bump to a lower level. 6. The bumped employee will be placed on the pay range at the step closest to but does not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume. D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job. E. Employees shall retain recall rights for a period of twenty-seven (27) months from the date of layoff. The laid off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail. F. When a person on a layoff list is offered a position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the list. G. Applications of seniority for layoff purposes: 1. “District seniority” shall be defined as the total length of an employee’s continuous service to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such cases, the employee will begin anew in the seniority process. This does not apply to employees who are on an approved District leave of absence. 2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within a job classification as listed in paragraph 1 of this article. 3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification. 4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position. 5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump. H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings. I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Xxxxxx and Recall.
A. If 1. When the board Board determines that a reduction in to reduce the number of regular classified employees is necessarypositions in one or more classifications covered by this agreement because of decreased enrollment of pupils, layoffs shall be in reverse order suspension of seniority within bargaining unit classifications as defined in section G. schools, territorial changes, lack of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible work, return to bump into any other position as identified in Article 8 duty of the Classified CBA. In the event the board determines that an employee from a reduction in force is necessaryleave of absence, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights for a period of 27 months from the date of the layoff.
B. When the board abolishes a particular positionor financial reasons, the employee filling that position is not necessarily Board shall follow the person to be laid off. The person to be laid off shall be the least senior employee procedure set forth in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the positionthis Section.
2. The bumped employee Board shall then have determine in which classification the right layoffs should occur and the number of employees to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employeelaid off.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee The Board shall lay off employees in the affected classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5. An employee may only bump to a lower level.
6. The bumped employee will be placed on the pay range at the step closest to but does not exceed their hourly wage basis of reverse seniority in the old positionthat classification. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven (27) months from the date of layoff. The laid off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail.
F. When a person on a layoff list is offered a position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” Seniority shall be defined as the total length of an employee’s continuous service as a regular employee of the Board of Education.
4. The names of laid off employees shall be kept on a recall list by classification until for two years maximum. If the Board determines to fill any position in a classification during this period of time, the Board must offer the position to the District since most senior employee on the recall list for that classification. The offer of recall shall be made by written notice sent to the employee at his most recent address on record by certified mail. It is the employee's responsibility to keep the Board informed of his up to date address. The employee shall have seven (7) days after the notice is mailed to accept the offer of hirerecall and report to work. If he does not report during such seven-day period, his name shall be eliminated from the recall list and the employment relationship between him and the Board shall cease. If the first employee on the recall list for a classification does not accept the recall, the Board shall offer the position to the next most senior employee from that classification on the recall list by the procedure outlined in this Section, and so on, until the position is filled. Any employee who resigns after receiving the notice provided in Division 4 of this Section, shall be entitled, upon request, to be placed upon the recall list and shall have same recall rights as if laid off.
5. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such casesthis Section, the employee following classifications will begin anew in the seniority processbe used.
1. This does not apply to employees who are on an approved District leave of absence.Bus Driver 9. Bus Aide
2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within a job classification as listed in paragraph 1 of this article.
Bus Mechanic 10. Head Cook 3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4Building Maintenance 11. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.Cafeteria Worker
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Xxxxxx and Recall.
A. If SECTION 1. When the board Employer determines that a reduction layoff will be implemented, the Employer shall notify the Union at least thirty (30) days in advance of the effective date of such layoff and shall notify the affected Employee(s) at least fourteen (14) days in advance of the effective date of such layoff. If the Union requests, the parties shall meet to discuss the Employer’s action.
SECTION 2. The Employer, in its sole discretion, shall determine when a layoff will occur and which classification(s) (as listed in Article 2 “Recognition”) and the number of regular classified employees is necessaryEmployees within the classification(s) that will be affected. Affected Employees within that classification bargaining unit wide will be laid off in accordance with their established seniority, layoffs as indicated on the Employer’s seniority records.
SECTION 3. Employees who are laid off shall be in reverse order of seniority within bargaining unit classifications as defined in section G. of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBA. In the event the board determines that placed on a reduction in force is necessary, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights list for a period of 27 twelve (12) months. If there is a recall, Employees who are still on the recall list shall be recalled in the inverse order of their layoff within the respective classifications. The Employer, in its sole discretion, shall determine which classifications shall be subject to recall, depending on the Employer’s operational needs. Seniority will terminate after twelve (12) continuous months from of layoff. Seniority will accrue during those twelve (12) months, however.
SECTION 4. Notice of recall shall be sent to the Employee by certified mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the last mailing address provided by the Employee. A copy of such notice shall be sent to the Union.
SECTION 5. The recalled Employee shall have seven (7) calendar days following the date of the layoff.
B. When receipt of the board abolishes recall notice, as received by the Union or Employee, to notify the Employer of the intention to return to work and shall have three (3) additional calendar days to report for duty unless a particular position, the employee filling that position later date for returning to work is not necessarily the person to be laid off. The person to be laid off shall be the least senior employee otherwise specified in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Ordernotice.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5. An employee may only bump to a lower level.
6. The bumped employee will be placed on the pay range at the step closest to but does not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven (27) months from the date of layoff. The laid off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail.
F. When a person on a layoff list is offered a position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length of an employee’s continuous service to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such cases, the employee will begin anew in the seniority process. This does not apply to employees who are on an approved District leave of absence.
2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within a job classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Xxxxxx and Recall.
A. If the board Employer determines that a reduction is advisable in a job classification due to abolishment of positions, lack of funds, or lack of work, the following procedure shall govern such layoff.
B. The number of people affected by reduction in the force will be kept to a minimum using attrition if in the Employer’s determination that is practical.
C. Whenever it becomes necessary to layoff employees for the reasons stated above, affected employees shall be laid off according to seniority within the classification, with the least senior employee laid off first. Seniority shall be defined (for purposes of this article) as the uninterrupted length of continuous service with the Board of Education in a particular job classification computed from the first day worked in the present classification. Authorized leaves of absence do not constitute an interruption in continuous service. In the cases of identical seniority, the Employer and the Union shall meet to flip a coin as a means of deciding which employee shall be laid off first.
D. The Board of Education shall determine in which classification the layoffs occur and the number of regular classified employees is necessaryto be laid off in that classification. If any employees are to be reassigned due to a layoff, layoffs transfers shall be in reverse order of kept to a minimum and seniority within bargaining unit classifications as defined in section G. of this articleshall be followed. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible only exception to bump into any other position as identified in Article 8 of the Classified CBA. In the event the board determines that a seniority shall be if some special skill is clearly required.
E. An employee who is laid off due to reduction in force shall, during the five (5) days prior to the effective date of layoff, review the seniority listing and the list of those job openings within his/her own classification for which he/she is necessaryqualified. The employee shall have the option to bump per the regular layoff procedure by seniority within that classification from which the reduction in force occurs. If unable to bump within the employee’s current classification the employee may displace any employee from a previously worked classification where said employee has more classification seniority and is qualified. All employees within the classification in which the reduction in force occurs who have less seniority in that classification than the highest displaced person shall be notified of a designated bump meeting date, layoffs and all bumping as a result of the reduction in force shall be done at this bump meeting on this one day. All employees so affected shall be furnished a seniority list for that classification and a preference sheet on which he/she shall list up to three (3) choices for reassignment, if that many choices are available, in reverse order of seniority within preference. This preference sheet shall enable a Union representative to act on behalf of the identified position displaced employee(s) if he/she is unable to attend the bumping meeting. If all three (3) preferences are exhausted and the employee is absent from the bump meeting, his/her Union representative shall make the choice for him/her. The affected employee(s) has the responsibility to complete and submit the preference sheet to the superintendent prior to the bump meeting and to either represent his/her own interests during that bumping meeting or to notify, in writing, the Union representative that he/she should be properly represented by the Union at the bump meeting. The employee(s) displaced by either the reduction in force or by the bumping process which results from the same may either accept or decline reassignment at this bump meeting. However, refusal to accept reassignment by the procedures outlined in this section shall place that employee at the bottom of the reassignment listing. The person bumped into another position shall work the number of hours assigned to that position and shall receive the hourly wage scheduled for that position.
F. For the classifications in which the layoff occurs, the Employer shall prepare a reinstatement list and name all employees in order of seniority. Reinstatement shall be made from this list before any new employees are hired in that classification. No employee on recall shall be offered a vacant position with the Employer until currently holds. Professional employed employees within that classification have exhausted their right to bid on a vacancy.
G. The employee's name shall retain recall rights remain on the appropriate list for a period of 27 months one (1) year from the effective date of layoff. If reinstated from layoff during this period, a notice of reinstatement shall be made by certified mail, and such employee shall retain all previous accumulated seniority. If an employee is offered another position within the layoff.
B. When same classification in which the board abolishes a particular layoff occurred and refuses the position, the employee filling that position is not necessarily would be taken off the person to be laid off. The person to be laid off shall be the least senior employee in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5. An employee may only bump to a lower level.
6. The bumped employee will be placed on the pay range at the step closest to but does not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven (27) months from the date of layoff. The laid off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail.
F. When a person on a layoff list is offered a position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the reinstatement list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length of an employee’s continuous service to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such cases, the employee will begin anew in the seniority process. This does not apply to employees who are on an approved District leave of absence.
2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within a job classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Xxxxxx and Recall.
A. If the board determines that a reduction in the number of regular classified employees is necessary, layoffs Seniority shall be in reverse order defined as the total length of seniority within bargaining unit classifications service as defined in section G. of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBA. In the event the board determines that a reduction in force is necessary, layoffs shall be done in reverse order of seniority classified employee within the identified District, from the most recent date of hire. Layoff means any temporary or indefinite separation from a classified employee position or reduction of an employee's regularly scheduled daily hours. A temporary increase in regularly scheduled hours shall become permanent after ninety (90) working days unless the hours are restored to the original hours. All authorized paid leave, including leave resulting from work-related compensable illness or injury where an employee currently holdsis receiving some District sick leave pay, will be counted towards seniority. Professional Authorized, unpaid leaves of absence in excess of thirty (30) consecutive days will not count towards seniority (except for FMLA/OFLA), but will not constitute a break in seniority. Classified employees who are laid off and subsequently recalled shall retain recall rights cumulative seniority for a all periods worked except for the period of 27 months from the date of the layoff.
B. When the board abolishes District determines a particular positionlayoff is necessary within the bargaining unit, the employee filling that position Association and those employees affected will be notified at least fourteen (14) calendar days in advance, if possible. The layoff notice will include the specific date the layoff is not necessarily the person to be laid off. The person to be laid off effective.
C. Layoffs shall be the least senior employee in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, accordance with the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.sequential procedure:
1. The employee with district shall determine the shortest length of service in the classification level classified position to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training eliminated or licensing required by the positionreduced based on program need(s).
2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification will be laid off unless the District determines that the competence or merit of a less senior employee warrants them being retained over a more senior employee. The District will bear the burden of proof as to the issue of competence and specific special skillsmerit. This determination can only be based on the following process: Competence will mean the ability to do one’s job based on recent experience (last five years) and appropriate qualifications. Merit will be judged by measuring one employee’s ability and effectiveness against the ability and effectiveness of another employee based on the previous three year-end evaluations and other pertinent factors. To determine who would be laid off under this provision, training or licensing required by the positionDistrict will form a committee consisting of the building administrator(s) involved, one executive board member from the union, the superintendent, and two board members. The committee will not use salary as a consideration for lay off. Probationary employees will not be allowed to use this clause to bump non-probationary employees.
3. The district shall then determine the working assignments of the remaining employees within the classification.
4. If The employee thus laid off may bump the least senior employee within the next lower classification within the same classification group as long as the laid off employee has more seniority, or is deemed to have greater competence or merit (as outlined in section 2) than the person bumped was transferred to being bumped. In the last held position from a higher paid classification, event there is no right position to bump back into, this laid off employee may bump into a previously held classification (provided they are still qualified to perform the higher paid positionjob duties) and displace the least senior employee; provided this employee has more seniority, competence and merit than the employee who is being bumped. The District will then determine the working assignments of the remaining employees within that classification. In the event of “bump” (as a result of #4 above) the least senior employee from that lower classification may bump into a previously held classification (provided there has been no break in service and they are still qualified to perform the job duties) and displace the least senior employee; provided this employee has more seniority, competence and merit than the employee who is being bumped. Classification rank is based on Step 1. Classifications and classification groups are the same as those in the salary schedule.
5X. Xxxx-off employees will not be paid any salary or benefits during the period of layoff. An Notwithstanding, a laid-off employee may only bump to a lower level.
6. The bumped employee will be placed on the pay range may, at the step closest to but does not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest stephis/her own expense, then their wage will be frozen until the step equals or exceeds the frozen wage. At this pointcontinue insurance coverage, normal step movement will resume.
D. A layoff list will be maintained as authorized by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each joblaw.
E. Employees Recall rights shall retain recall rights exist for a period of twenty-seven (27) months from the date of layofflayoff if the position is eliminated. The laid Any laid-off employee, however, must notify employee not recalled according to this procedure within the District of any address change. The District is obligated only twenty- seven (27) months will be deemed to make an attempt to reach the last known address by certified mailhave resigned in good standing.
F. When Whenever the District determines that a person on regular vacant position exists within a classification that has experienced a layoff list is offered (within the last 27 months), laid-off employees from that classification will be recalled in reverse order of layoff. In the event of a loss of hours only, such right to restoration of hours shall be limited to 15 months. The recall notice will be sent by certified mail to the last address the District has on record for the laid-off employee. The laid-off employee will have ten (10) workdays from receipt of the certified notice to respond to the recall notice. Failure to respond within the ten (10) days by accepting or rejecting the recall notice will cause the laid-off employee to forfeit all recall rights and will be deemed to be a resignation. Employees shall be required to accept any position that is not equivalent comparable in hours of work to the position from which they were bumped, they can choose laid off. Failure to be passed over to wait for an equivalent position. Equivalent position shall be defined as any accept a comparable position within 80 percent the previously held classification group will result in forfeiture of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the listrecall rights.
G. Applications of seniority No new employees will be hired into classifications from which employees are laid off and for layoff purposes:which they remain qualified and eligible for recall.
1. “District seniority” shall be defined as the total length of an employee’s continuous service H. If no laid-off employee has responded to the District since recall by classification, or if no further laid-off employees exist from the most recent date of hireclassification, all other laid-off employees may apply for the regular vacancy. Such application shall not prejudice the employee's right to recall in his/her own classification. For purposes the purpose of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such casesadministering this article, the employee will begin anew in term “classification” is as depicted on the seniority processattached salary schedule(s). This does not apply to All employees who are on an approved District leave of absence.
2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within a job classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position moved to a different classification or level, as the result of a layoff will receive the wage rate of their new classification placement. The employee will retain their seniority maintain his/her step placement in that positionthe new classification.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 1 contract
Samples: Negotiated Agreement
Xxxxxx and Recall.
A. If the board determines that a reduction in the number of regular classified employees is necessary, layoffs shall be in reverse order of seniority within bargaining unit classifications as defined in section G. of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBA1. In the event the board determines that of a reduction layoff, (a person who no longer has a job in force is necessary, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights for a period of 27 months from the date of the layoff.
B. When the board abolishes a particular positionMESPA I), the employee filling that position is not necessarily the person to be laid off. The person to be laid off shall be the least senior employee in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5. An employee may only bump to a lower level.
6. The bumped employee secretary will be placed on the pay range at recall list. Probationary secretaries are not placed on the step closest recall list.
2. Seniority secretaries on the recall list shall be placed on the guest secretarial list and be paid the rate established by the Board if they substitute.
3. The Board has no obligation to but does recall probationary secretaries who are laid off.
4. Secretaries placed on the seniority recall list shall receive the following benefits:
a. Prorated earned vacation days to their day of layoff;
b. The prorated number of sick days up to the date of layoff will be added to their accumulated sick leave bank for use upon recall;
c. Those secretaries on the disability insurance program shall continue according to the terms of the insurance company;
d. The Board provides health insurance coverage as stated in Article V for thirty (30) days after layoff.
5. Secretaries who are laid off shall not exceed their hourly wage in gain seniority while on layoff.
6. Should a laid-off secretary be offered a position and refuse the old position, the secretary shall lose all rights to be recalled, and shall be considered a "quit". If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or secretary fails to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven report to work within five (275) months work days from the date of layoffmailing of the notice, the secretary shall be considered to have voluntarily terminated employment with the Waterford School District.
7. Seniority secretaries on the recall list with the highest seniority in their classification shall be allowed to apply and interview for position(s) in their classification or lower classifications, if the secretary can meet the job requirements of the available position.
8. The laid postings of vacancies shall be sent to the laid-off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the secretary's last known address by registered or certified mail.
F. When a person on a layoff list is offered a position that is not equivalent . If the secretary fails to contact Human Resources Department within the position from which they were bumpedposting’s requirements, they can choose to be passed over to wait for an equivalent position. Equivalent position the secretary shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length of an employee’s continuous service considered to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified have voluntarily terminated employment with the Waterford School District. In such cases, the employee will begin anew in the seniority process. This does not apply to employees who are on an approved District leave of absence.
29. “Classification seniority” shall Each secretary is responsible for keeping the Human Resources Department informed, in writing, of any change of address, phone number, or email address and will not be defined as the total length excused for failure to report for work because of an employee’s continuous service within a job classification as listed in paragraph 1 of this articlefailure to so notify.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Xxxxxx and Recall. 1. An employee may be subject to a non-disciplinary, involuntary termination through layoff in connection with a shortage of funds, abolition of position, or lack of need for the work performed by an employee or group of employees. In such cases, affected employees will be given as reasonable an amount of advance notice as conditions permit, as follows. In the reduction in force (layoffs) and recall of union employees, seniority and qualifications shall prevail as follows.
A. If 2. For reduction in force within the board determines that bargaining unit, employees having the lowest seniority within the classification identified for reduction will be laid off.
3. When employees are subject to a reduction in force, the number Board shall have the right to prioritize the layoff by classification. For the purpose of regular classified lay off employees in the classification of Building Engineer I, IA, IB, II, III, and HVAC Technician shall be considered one classification series.
4. Employees shall be laid off in accordance with classification seniority. Employees having the least classification seniority with the classification identified for layoff shall be laid off first. Employees who are identified for layoff may bump back into the next lowest previously held classification, within the classification series, provided said employee has more bargaining unit seniority than that of the employee they seek to displace. Further, employees in Level I and II may bump laterally across the classification series provided their classification seniority is necessarysufficient to bump a less senior employee. No employee shall be bumped from the bargaining unit ahead of any employee who has less bargaining unit seniority.
5. Employees who are displaced may utilize their seniority to select the position of their choice which have been designated as available through the layoff procedure. CBMS employees are considered to be Level I for layoff purposes.
6. The bargaining unit member(s) who is subject to layoff shall be sent a letter of notification by certified mail at least seventeen (17) calendar days or shall have the letter of notification hand• delivered at least fourteen (14) calendar days in advance of the effective date of action, provided that such notice shall not be required with respect to temporary layoffs or lack of work occasioned by floods, fire, utility failures, acts of God, or other causes beyond the Board's control.
7. Notice of recall to an employee shall be made by certified mail to the last known address of such employee. A copy shall be forwarded to the Union. If the notice is undeliverable, the Board's obligation shall be considered to be fulfilled. The recalled employee must notify the Board within two (2) working days of the date of receipt of notice of their intention to return to work. The date for returning to work shall be determined by the Board. Failure to return from layoff shall subject the employee to termination of service. In the event that an employee is unable to return to work due to illness or injury certified by a physician, that employee shall so notify the Board within two (2) working days of the date of receipt of the notice and shall provide the Board with a physician's certification upon request. Failure to notify the Board and/or to provide a physician's certification upon request shall subject the employee to termination.
8. The obligation to recall an employee shall cease after a full twenty-four (24) months oflayoff.
9. The recall of employees laid off shall be in reverse order of seniority within bargaining unit classifications layoff except that probationary employees shall have no right to recall.
10. The Board reserves the right to abolish or freeze positions as defined in section G. of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBAit deems necessary.
11. In the event the board determines that an employee is unable to return to work due to illness or injury certified by a reduction in force is necessary, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights for a period of 27 months from the date of the layoff.
B. When the board abolishes a particular positionphysician, the employee filling that position is not necessarily the person to be laid off. The person to be laid off shall be the least senior employee in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5. An employee may only bump to a lower level.
6. The bumped employee will be placed on the pay range at the step closest to but does not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven (27) months from the date of layoff. The laid off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail.
F. When a person on a layoff list is offered a position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length of an employee’s continuous service to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District senioritytheir right to a subsequent recall. However, except that the period of layoff shall The Board will not be used for additional seniority. An employee who leaves obligated to hold the classified bargaining unit shall lose all District seniority if position open until such time as the employee returns is able to regular classified employment with the District. In such cases, the employee will begin anew in the seniority process. This does not apply return to employees who are on an approved District leave of absencework.
2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within a job classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Xxxxxx and Recall. A. Seniority shall be defined as the licensed staff member’s total length of continuous service in the District as a licensed staff member. Seniority will be computed and accrue from the licensed staff member’s first day of actual service in a bargaining unit position, and shall continue to accrue during approved leaves of absence. In case two or more licensed staff members have the same date of employment with this District, the tie will be resolved by drawing lots.
A. If B. Whenever the board Board determines that a reduction in the number of regular classified employees layoff is necessary, layoffs shall it will notify the Association. As soon as practicable, written notice will be given to the affected licensed staff of their layoff.
C. In the event the Board, in reverse order of seniority within bargaining unit classifications as defined in section G. of this article. Classification its discretion, determines that a layoff is necessary, then it will determine the licensed staff to be retained by means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBAfollowing criteria:
1. A determination of whether the licensed staff to be retained hold the proper license to fill the remaining position(s).
2. A determination of the seniority of the licensed staff to be retained; and
3. A determination of the competence or merit of a licensed staff member being retained if the Board desires to lay off another licensed staff member with greater seniority.
4. The District will adhere to ORS 342.934 as it pertains to cultural and linguistic expertise.
D. The Board shall retain the most senior licensed staff member in each case unless it chooses a less senior licensed staff member through the following process.
1. In the event that the board determines that District wishes to retain a reduction in force is necessary, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights for less senior licensed staff member over a period of 27 months from the date of the layoff.
B. When the board abolishes a particular more senior licensed staff member when both have licensure to fill an available position, the employee filling that position is not necessarily District will do so only on the person to be laid off. The person to be laid off shall be the least senior employee basis of demonstrated superior competence or merit in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee accordance with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the positionprocedures below.
2. The bumped employee parties agree that a merit determination will not be used to lay off a contract licensed staff member over a probationary licensed staff member. The burden of proving competence or merit shall then have be on the District and the proof will require a preponderance of evidence. Disputes regarding competence or merit for purposes of layoff and recall will be resolved by arbitration carried out under the provisions of Article 17, Grievances, of this Agreement.
E. Nothing in Section C.3. above shall be construed to limit the operation of Section C.1. above, that is, the requirement that a retained licensed staff member be licensed to fill the remaining position.
F. Nothing in this Article shall be construed so as to interfere with the Board’s right to bump into dismiss or nonextend a contract licensed staff member pursuant to the position provisions of the least senior employee in accountability for schools for the next lower level within the classification provided the employee has the specific special skills, training 21st Century Law or licensing required by the position and has greater classification seniority than the least senior employee at that levelto dismiss or nonrenew a probationary licensed staff member pursuant to ORS 342.835.
C. A bumped employee may then exercise G. In conducting a layoff under this Article, the right to bump in accordance with District will first determine the following provisions:program(s) or area(s) scheduled for reduction or elimination.
1. Once an employee’s position is eliminatedAfter such determination, reduced the District will make every reasonable effort to a level that eliminates benefits, transfer licensed staff in such program(s) or they are bumped, they may then use District seniority within the next lower classification level in Appendix B area(s) to other positions for which they may be qualifiedare qualified and properly licensed.
2. For determination The District will make every reasonable effort to combine positions in a manner which allows licensed staff to remain qualified so long as the combined positions meet the curricular needs of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices the competence considerations specified in subsection C.3. of the available positions to the most senior employeethis Article.
3. If Layoffs will be based upon the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee criteria set forth in the classification and specific special skills, training or licensing required by the positionSection C. above.
4. If the person bumped was transferred FTE of a part-time licensed staff member, .50 FTE to .99 FTE, is reduced by more than .17 FTE more than one time in a three-year period, the licensed staff member will qualify to receive recall rights to the last held position from a higher paid classification, there is no right to bump back to the higher paid positionoriginal FTE.
5. An employee may only bump H. For the purpose of this Article, the term “competence” shall mean the ability to teach a lower levelsubject or grade level based upon recent teaching experience related to that subject or grade level within the last five years or educational attainments, or both, but not based solely upon being licensed to teach.
6. The bumped employee will be placed on I. For the pay range at purposes of this Article, the step closest to but does not exceed their hourly wage in term “merit” shall mean the old position. If their hourly wage in measurement of one licensed staff member’s ability and effectiveness against the old position exceeds the closest stepability and effectiveness of another licensed staff member, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained as determined by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each jobthrough its evaluation, discipline, and commendation processes.
E. Employees shall retain recall rights for a period of twenty-seven (27) months from the date of layoff. The laid off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail.
F. When a person on a layoff list is offered a position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length of an employee’s continuous service to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such cases, the employee will begin anew in the seniority process. This does not apply to employees who are on an approved District leave of absence.
2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within a job classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Xxxxxx and Recall. 37:01 Where it is determined that there are to be layoffs within the bargaining unit, layoffs shall be based upon seniority in their classification.
A. If the board determines that 37:02 A layoff shall be defined as a reduction in the number workforce or a permanent reduction in the regular hours of regular classified employees is necessary, layoffs shall be in reverse order of seniority within bargaining unit classifications as defined in section G. of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBA. work for an employee.
37:03 In the event of layoffs, the board determines that a reduction parties agree to meet as far in force is necessary, layoffs advance as possible to explore other options and to minimize service disruptions.
37:04 Employees in positions designated for layoff shall be done in reverse order of seniority within the identified assigned a position the employee currently holds. Professional employees shall retain recall rights for a period of 27 months from the date of the layoff.
B. When the board abolishes a particular position, the employee filling that position is not necessarily the person to be laid off. The person to be laid off shall be the least senior employee in the job classification to which the abolished same, or a similar classification. Should there be no position was allocated. If the holder of the abolished position is not the least senior employee in the same or equal classification, the following steps shall they may be used assigned to determine movement within the a classification to achieve the layoff with a lower rate of the least senior employee. Please see Appendix Cpay, Classification Bumping Order.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position ability and has greater classification seniority than the least senior employee at qualifications to perform that leveljob. Such assignment shall be based on seniority.
C. A bumped employee 37:05 In the event of layoffs, employees may then exercise the right choose to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to be laid off and their name placed on a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualifiedrecall list.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5. An employee may only bump to a lower level.
6. The bumped employee will be 37:06 Employees shall have their names placed on the pay range at the step closest to but does not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff recall list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven (27) months from one
37:07 The Union shall be provided a copy of the date of layoff. The laid off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mailrecall list upon request.
F. When 37:08 Employees shall be called back to work to a person job they are qualified and able to perform on a layoff list is offered the basis of seniority.
37:09 Employees have the option to refuse recall to a position that is which has a lower rate of pay, or does not provide an equivalent number of hours to the position from and classification they were laid off from.
37:10 The Employer shall give the employee written notice of the date upon which they were bumped, they can choose are to be passed over laid off according to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of Employment Standards regulation in the previous wages. If an equivalent job offer event that such minimum notice is made, he/she must accept or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length of an employee’s continuous service to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such casesgiven, the employee will begin anew shall receive pay in the seniority process. This does not apply to employees who are on an approved District leave of absencelieu thereof.
2. “Classification seniority” 37:11 Notification of recall following a layoff shall be defined as sent by certified letter to the total length last reported address of an the employee’s continuous service within a job classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of recalled from layoff shall be based on District seniority. If required to indicate within five (5) calendar days their intention to return to work within fourteen (14) calendar days.
37:12 New employees shall not be hired until those laid off who meet the seniority date requirements of two (2) or more employees is the same, layoff position have been given an opportunity of recall.
37:13 Grievances concerning layoffs and recalls shall be determined by their classification seniority. If initiated at Step 3 of the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bumpgrievance procedure.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 1 contract
Samples: Collective Agreement
Xxxxxx and Recall.
A. If In the board determines that event of a reduction in force, the number of regular classified Employer shall first lay off probationary, temporary, and seasonal employees, in the effected classification(s) before laying off any employees is necessaryin the bargaining unit. Thereafter, layoffs the layoff shall be by classification in reverse inverse order of seniority within bargaining unit classifications as defined in section G. of this articleseniority. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBA. In the event the board determines that a reduction in force An employee who is necessary, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights for a period of 27 months from the date of the layoff.
B. When the board abolishes a particular position, the employee filling that position is not necessarily the person to be laid off. The person to be laid off shall be the least senior employee in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of the least displace a less senior employee in the next an equal or lower level within the classification paying classification, provided the displacing employee has can immediately qualify for the specific special skillsclassification. An employee who is displaced shall, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise in turn, have the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to displace a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least less senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions subject to the most senior employee.
3same conditions. Recall from layoff shall be by classification in inverse order of layoff or displacement from the classification. No vacancies in the classification shall be filled by promotion or hiring until all employees who have been laid off and displaced from the classification and who wish to return to work in the classification have been recalled. Notice of recall shall be sent to employees at their last known address by Registered or Certified Mail. If the employee fails to report for the job to which he or she has been recalled within ten (10) calendar days from the date on which the notice of recall was transferred to the last held position from another classificationmailed, the employee has the shall lose his or her right to bump back recall. The Employer shall not employ any seasonal or temporary workers in a classification from which employees are laid off or displaced unless the employees on layoff or displaced. status refuse to accept the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5available work. An employee may only bump to a lower level.
6. The bumped employee will on layoff status shall be placed on the pay range at the step closest to but does deemed terminated if not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven recalled within two (272) months from years following the date of layoff. The laid off employeeAny employee on layoff who refuses to return to work in a lower classification, however, must notify the District if an offer of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail.
F. When a person on a layoff list is offered a such position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length deemed to have resigned if such refusal constitutes grounds for termination of an employee’s continuous service to the District since the most recent date of hireunemployment compensation. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An Any employee who has been in accepts a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such cases, the employee will begin anew in the seniority process. This does not apply to employees who are on an approved District leave of absence.
2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within a job lower classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position to a different classification avoid layoff or level, the employee will retain their seniority in that position.
5. Order of to return from layoff shall be based on District seniority. If placed at the seniority date level of two (2) or more employees the new classification which is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bumpappropriate.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Xxxxxx and Recall.
A. If the board determines that Section 1: The word "layoff" means a reduction in the number work force due to a decrease of regular classified work or lack of funds.
Section 2: If it becomes necessary for a layoff, the following shall apply:
A. Temporary employees is necessary, layoffs shall be laid off first followed by probationary employees.
B. Non-probationary employees shall be laid off in reverse order of seniority. An exception shall be if an employee with greater seniority within bargaining unit classifications as defined in section G. is not capable of this article. Classification means performing the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 duties of the Classified CBAposition, after normal instruction, in a twenty (20) work day trial period.
C. Employees who are laid off shall remain on the seniority list and will be eligible for recall for two (2) years. In the event the board determines that a reduction in force is necessary, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights Individuals who are recalled for a classification other than the one which he/she occupied at layoff must demonstrate that he/she meets the minimum qualifications for the new classification based on the job description for the recall classification.
Section 3: An employee to be laid off for an indefinite period of 27 months from the date time shall have at least fourteen (14) calendar days written notice of the layoff.
B. Section 4: When the board abolishes a particular position, the employee filling that position work force is not necessarily the person to be laid off. The person to be laid off increased after a layoff, an employee(s) shall be the least senior employee recalled in the job classification reverse order of layoff, provided the employee(s) recalled is able to which perform the abolished position was allocatedavailable work.
Section 5: A notice of recall will be made by both certified mail and first class mail to the employee's address that is on file with the Human Resource Department. If the holder laid off employee does not respond to the Director of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement Human Resource Department within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5. An employee may only bump to a lower level.
6. The bumped employee will be placed on the pay range at the step closest to but does not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven (277) months from business days of the date of layoff. The laid off employee, however, must notify the District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail.
F. When a person on a layoff list is offered a position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent return of the previous wages. If an equivalent job offer is made, he/she must accept signed certified receipt or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length of an employee’s continuous service to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such casescertified mail is returned undeliverable, the employee will begin anew be considered to have voluntarily quit.
Section 6: The Union Chapter Chair shall receive, from the Administration, a list of the employee(s) being laid off on the same date the notices are issued to the employee(s).
Section 7: The Union Chapter Chair, in the seniority process. This does not apply to employees who are on an approved District leave event of absence.
2. “Classification seniority” shall a layoff, will be defined as the total length continued at work regardless of an employee’s continuous service within a job classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification his/her position on the first day of seniority list, provided he/she can perform satisfactorily the work in that classificationavailable.
4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their previous position. If they refuse the position offered, they are only entitled to apply for other openings.
I. Upon request the District shall provide the Chapter President with a seniority list for all classified positions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
