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9.3 Employees who leave the bargaining unit for a non-bargaining unit position shall <br /> have their seniority frozen at the level that existed at the time of their departure <br /> from a bargaining unit classification and shall be credited with such seniority <br /> upon return to the bargaining unit if the return is a result of a layoff or position <br /> termination; provided however, that such employee(s) may not exercise such <br /> seniority to displace any current bargaining unit member. The provisions of this <br /> article shall not apply to employees taking a voluntary demotion, or who <br /> voluntarily leave city employment. Employees taking a voluntary demotion shall <br /> go to the bottom of the seniority list. <br /> 9.4 A reduction of the workforce will be accomplished on the basis of inverse <br /> classification seniority. Regular, full-time employees shall be recalled from layoff <br /> on the basis of classification seniority. A qualified regular, full-time employee on <br /> layoff shall have an opportunity to return to work within two (2) years of the time <br /> of his/her layoff before any new employee is hired. <br /> ARTICLE 10—LAYOFF AND RECALL <br /> If the employer should layoff an employee(s) for any reason, the following conditions <br /> shall apply: <br /> a. The employer shall determine the position(s) in the class and employment <br /> condition and work location which is to be eliminated provided employees <br /> in temporary or seasonal positions in the same class are laid off before <br /> regular status employees. <br /> b. Interruptions of employment mandated by the employer for less than <br /> fifteen (15) work days or a temporary reduction in work hours mandated <br /> by the employer shall not be considered a layoff under the provisions of <br /> this article. Should such interruption of employment or temporary <br /> reduction in work hours occur they will be done on the basis of inverse <br /> classification seniority. <br /> C. Employees may be laid off by the employer to meet the needs of the <br /> employer. In the event a layoff is necessary the work force shall be <br /> reduced based on best ability to perform available work and work <br /> performance within the job classification as determined in the employer's <br /> discretion following the employer's review of performance evaluations, <br /> instances of counseling and discipline. If, in the employer's discretion, <br /> employees have equal work performance, seniority will prevail. <br /> 10.1 Notice of layoff and recall. In the event of a permanent layoff, the employer shall <br /> give written notification to the employee and the union, at least fourteen (14) <br /> calendar days prior to the effective date of the layoff whenever practicable. <br /> a. An employee on layoff shall be notified of recall by personal notice <br /> (receipted) or certified mail (return receipt required) sent to the employee's <br /> last known address at least fourteen (14) calendar days prior to the <br /> reporting date. The employee shall notify the employer by certified mail <br /> (return receipt required) within five (5) calendar days of receipt of <br /> notification of intent to return to work and shall report for work on the <br /> 7 <br />