Layoff Procedures. Layoffs shall be administered pursuant as follows: An employee with permanent seniority in class shall have the right to displace an employee with less permanent seniority in the same class in any department. All bumping and displacement shall first occur within the department that affected the layoff in question prior to City-wide bumping.
Layoff Procedures. A. In the event of a layoff, the District shall identify the specific position(s) to be reduced in hours or eliminated and shall notify the bargaining unit member(s) in those positions. When the District determines to reduce the size of the work force through elimination of positions in a seniority classification, bargaining unit member(s) in the seniority classification shall be reduced in order of least seniority within the seniority classification being reduced, provided that there are more senior bargaining unit member(s) within that seniority classification remaining who possess the skills and qualifications required to perform the assignments vacated by the least senior bargaining unit member(s) in the classification.
B. When the District determines to institute a layoff through a reduction of two (2) or more hours per day in a position, the bargaining unit member assigned to that position at the time of reduction has the right to displace the least senior bargaining unit member in the same classification, who is assigned to a position having a greater number of hours, provided that the more senior bargaining unit member has the skills and qualifications required to perform the assignment of the least senior bargaining unit member in the same classification. This displacement may only take place by the more senior bargaining unit member leaving the position in which hours have been reduced and then taking the entire position held by the least senior bargaining unit member in the same classification. The least senior bargaining unit member who is displaced, provided he/she is within the same classification and possesses the required skills and abilities, will then be assigned to the position vacated by the more senior bargaining unit member in the same classification.
C. A bargaining unit member who is laid off from a position in his/her present seniority classification may be assigned to a position in another seniority classification in which he/she has previously accumulated seniority, provided that there is a less senior bargaining unit member in that classification and that the more senior bargaining unit member possesses the skills and qualifications necessary to perform the assignment in the other classification. Any such bump must be exercised upon the least senior bargaining unit member within the other classification, provided that the bumping bargaining unit member is qualified to perform the work of the displaced bargaining unit member.
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. Abolition of a position;
2. Change in organization;
3. Decline in agency work load;
4. Insufficient funding;
5. Change in state law; or
6. Change in federal requirements.
a. The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.
c. Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted
d. No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) The reassignment does not result in a promotion; and
(2) The employee being reassigned qualifies for the vacant position.
g. If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) Such demotion serves to protect the efficiency of the agency; and
(2) The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The ...
Layoff Procedures a. Lay-offs will be made within the bargaining unit and within the employee’s current job title. If an employee is laid off in their current job title, the employee’s seniority will be reviewed for other positions for which they have a job title.
b. Seniority Bumping Guidelines
1) Bumping will occur when a more senior employee identified for RIF bumps a less senior employee in a job title that he or she previously held for a minimum of three (3) months.
2) The job title that the individual is eligible to bump into must be on the individual’s job title list and at the same grade or lower.
3) If the individual is in a part-time appointment in two job titles, with different grades, the individual will have bumping rights in either job title.
c. All position vacancies created because of the layoff of employees with the least seniority or because of normal attrition will be identified by job title.
d. All employees will be listed by SPS seniority within current job title.
e. Displaced employees who are not qualified for placement in any vacancy will be re- identified as “laid-off”.
f. Unassigned pool(s)" shall be created separately from the displacement pool in order to reduce the number of employees who might otherwise be laid off.
1) Job titles for the unassigned pool(s) shall be mutually agreed upon by the SPS and the SEA. Each unassigned pool will contain no more employees than there were in the job title during the previous work year.
2) The number of unassigned employees in this pool shall be determined by the SPS based on anticipated vacancies for the coming work year.
3) Employees in the unassigned pool will be merged with the displacement pool in seniority order.
4) Employees initially placed in the unassigned pool shall have the same return rights as displaced employees as outlined in Article VII Section I.4 below.
Layoff Procedures. In the event a layoff in the classified service of bargaining unit supervisors becomes necessary, the Appointing Authority shall notify the Association and the Association Executive Director of the classifications and number of positions to be eliminated at least thirty (30) calendar days if practicable, but at least twenty-one (21) calendar days prior to the effective date of the layoff. At least twenty-one (21) calendar days prior to the effective date of the layoff, the Appointing Authority shall give written notice of the layoff, including the reason(s) such action is necessary and the estimated length of the layoff period, to all supervisors about to be laid off and to the Association Executive Director. Seasonal supervisors shall be laid off in inverse order of Classification Seniority within the supervisor's principal place of employment. Notice to supervisors shall include information about how to apply for state vacancies after the date of layoff. At the Appointing Authority’s discretion, a supervisor under notice of permanent layoff may continue in payroll status for up to one hundred sixty (160) hours of paid leave, ending at the date of layoff. The Appointing Authority may designate a specific date for group selection of layoff options, provided that the Appointing Authority has given at least three (3) weeks’ notice of layoff prior to the group selection date and that the selection date is not more than ten (10) working days prior to the effective date of layoff. When an option has been selected, a supervisor may not make a new choice unless an option which did not exist at the time of the original selection becomes available to the supervisor.
Layoff Procedures. 1. In the event there is a layoff, the position(s) to be eliminated shall be discussed with the Organization President before any announcement of layoff is made.
2. The employee to be laid off shall be the person with the least District seniority in the lowest job classification of each affected classification series regardless of the number of days or hours worked. In the event the position to be eliminated involves fewer days or hours than the position held by the person with the least District seniority in the lowest job classification in the series, the employee whose job is eliminated may either move to that position and work the additional days or hours or may opt to take the layoff.
3. If the employee to be laid off had been employed in another classification series, and he/she has more District seniority than the least senior person in the lowest job classification of the other classification series, it is the employee with the least District seniority in the other job classification who shall be laid off.
4. Unless the Administration otherwise determines it is in the best interest of the District’s operations, these layoff procedures will not be interpreted or applied so as to create a job sharing situation.
5. Transfers may have to be made in a classification series because of the position(s) elimination.
a. If an employee in a job classification needs to be transferred to the job classification directly below the one he/she is presently in, it is the employee with the least District seniority in the job classification that is transferred to the lower job classification.
b. Any employee who is transferred to a different job classification shall not have to serve a probationary period.
c. If transfer results in a situation where an employee would have to work additional hours or days above and beyond his/her original assignment, the employee may either elect to work the additional hours or days or may opt to take the layoff.
6. After a layoff, the number of hours each employee has shall remain the same (except for Bus Drivers and Bus Aides because their number of hours may change yearly because of the selection process) with the possible exception(s) of: (i) an employee whose hours or days are increased as a result of his/her exercise of seniority; or (ii) the employee with the least District seniority in the lowest job classification of the job classification series where it is necessary for those hours to be reduced.
a. In the case of Bus Driver...
Layoff Procedures. In the event of a layoff, temporary employees in the classification shall be laid off first. Then, if further reductions in workforce or hours are necessary, regular employees shall be laid off in inverse seniority within each classification. In the event of a layoff, the affected employee shall be notified in writing of the impending layoff at least ten (10) working days in advance of the effective date of the layoff. The Union shall be sent copies of all layoff notices.
1. If there is a vacant bargaining unit position in the same classification, the affected employee shall have first preference for that position and may move to that position if they have the necessary classification, education, experience, licenses, or certifications required by State or Federal regulations or other agency requirements and language proficiency. A vacant position is defined as any position within the bargaining unit which the Agency has decided to fill in which there is no incumbent.
2. In the absence of a vacant position as described in #1 above, the affected employee may replace a less senior employee in a classification the affected employee has previously held unless they no longer meet the minimum qualifications contained in the job description. The employee shall replace the least senior employee in that classification. The affected employee may choose to accept the permanent layoff rather than bump another employee from a position or move to a lower or equal classification.
3. The affected employee who replaces another employee in the same or equal classification shall retain their current rate of pay and continue to receive all regular pay increases. The affected employee who bumps to a lower classification shall enter the pay range of the classification at the pay rate nearest to their rate of pay.
4. The Agency shall provide to the affected employee and the Union an updated seniority list with the layoff notice in order for the affected employee to determine their options. Upon request, the Agency shall also provide the affected employee and/or the Union a listing of all known vacancies. An employee shall have seven (7) workdays after receipt of the layoff notice and seniority list are mailed to their address on file to give written notice to the Agency of their intention to accept a vacant position or replace another employee. If the employee fails to provide timely notice, they will forfeit placement rights pursuant to this section.
Layoff Procedures. In the event of a layoff, seniority, performance and ability (including special skills needed to perform a particular assignment within a classification) shall be the factors in determining which employees, within the affected classification within a department will be laid off. When ability and performance are substantially equal, seniority shall be the determining factor. Performance shall be determined by use of the employee's performance evaluations within the last two (2) years within the affected classification. Ability shall be determined by the existence of special skills, credentials, or other qualifications required in a particular job assignment as evidenced by the job description or announcement of hiring. No regular employee shall be laid off while there are extra help or new probationary employees serving within the affected classification within the Department. Employees laid off shall be given two (2) weeks’ notice in writing or, at the Employer's option, two (2) weeks separation pay. Laid off employees shall be eligible to apply for promotional opportunities within departments covered by this Agreement for a period of one (1) year from their effective date of layoff.
Layoff Procedures. When the Employer determines that a layoff or job abolishment is necessary due to a lack of funds or lack of work, the Employer will notify the affected employee(s) two (2) weeks in advance of the effective date of the layoff or job abolishment. The Employer shall determine in which classification(s) layoffs will occur. Employees will be laid off in accordance with their job classification seniority. Employees having the least seniority will be laid off first, provided, however, that all non-full-time; non-permanent employees employed in such classification(s) shall be laid off first. Any employee receiving notice of layoff shall have the right to displace a less senior employee in any classification covered by this Agreement provided said employee, at the Employer’s discretion, possesses the skill, ability, and qualifications necessary to perform the work without further training. Employees shall have five (5) work days following such notice of layoff to notify the Employer in writing that they intend to exercise their right to displace another employee in accordance with the provisions of this section. This displacement process shall continue until the employee with the least seniority in the classifications covered by this Agreement is reached and laid off, provided, however, that an employee may exercise such displacement rights only once during any such layoff. Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. In the event of a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification to which they are recalled. Notice of recall from a layoff shall be sent to the employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by certified or registered mail, return receipt requested, to the last mailing address provided by the employee. The recalled employee shall have ten (10) working days following the date of mailing of the recall notice to notify the Employer of the employee’s intention to return to work and shall have ten (10) working days following notification to the Employer of the employee’s intent to return in which to report for work, unless a different date for returning to work is otherwise mutually agreed.
Layoff Procedures. In the event it becomes necessary to lay off employees and/or employees become displaced as a direct result of the contracting out of work previously done by the bargaining unit, the following procedure shall apply, provided nothing herein shall limit the County’s right to determine the classification(s) in which the force reduction shall occur:
(a) Those positions funded as extra help or temporary shall be laid off first.
(b) Next, those employees who have not completed their initial probationary period shall be laid off.
(c) Finally, regular employees will be considered for layoff within the affected classification in the inverse order of their seniority. A senior employee may be laid off before a junior employee when the junior employee is performing the job in question in a substantially better manner, taking into consideration job performance, experience, training, and relevant ability to do the job.
(d) Any employee who is to be laid off may bump the least senior employee in a lower classification within his/her job progression provided he/she has greater seniority than the employee to be bumped and provided he/she is able to perform the job in question in a manner equal to, or better than, the employee to be bumped, taking into consideration job performance, experience, training, and relevant ability to do the job. Personnel evaluations as described in Article 15.4 may be used in such determinations. Upon notification of layoff an employee shall have twenty-four (24) hours to provide written notification to the Director and the Human Resources Office of his/her intent to exercise the bumping rights set forth in this Article.
(e) Bargaining unit employees promoted to a management position shall retain the right to displace a bargaining unit member only during their six (6) month trial service period outside of the bargaining unit.
(f) Whenever a layoff is contemplated, if possible, at least thirty (30) days notice shall be given to the employee along with a Personnel Evaluation Form.
