ARTICLE 20 - LAYOFF AND RECALL
Section 1.
A. Procedures.
In the event of a reduction of personnel, the parties shall endeavor to maintain as near as possible the same percentage of minority and female employees as existed immediately prior thereto, where under-utilization or under representation exists. Subject to this understanding, those employees having least seniority within classification would be considered first for release.
B. Notice to Union.
In the event management becomes aware of an impending reduction in the work force, it shall, when practical, notify the Union twenty (20) working days prior to the layoff.
C. Meeting with the Union.
Within three (3) working days of management notice to the Union of an impending layoff, management shall meet with the Union and discuss the impact of the layoff on the affected employee(s).
This discussion shall include, but shall not be limited to the following:
1. Availability of similar positions within the same College; and,
2. Availability of training or retraining programs which may be applicable to the affected employees.
D. Notice to Employee.
In the event of an actual layoff, management will notify the affected employees in writing as soon as possible, but not less than fifteen (15) working days in advance of the layoff date and will send a copy of such notice to the Union. Where notices are sent by first class mail, the time shall begin to run one day after the date of the mailing of the notice.
Section 2.
A. Selection for Layoff.
In the event the CEO shall layoff employees because of a reduction in force, layoffs shall be conducted by job classification on the basis of the employee’s campus seniority provided the employee retained has the ability to perform the job. In the event of a layoff, within a job classification, probationary employees within that job classification shall be laid off first.
B. Layoff.
In the event an employee is scheduled to be laid off and there exists a vacant position which has been certified for filling in an equal or lower graded classification, upon timely application by the employee, campus seniority shall prevail in permitting such an employee to fill such position provided the employee has the ability to perform the work in a competent manner.
C. Bumping.
In the event a non-probationary employee is scheduled to be laid off and there exist a position in an equal or lower graded classification which the employee has previously held on campus in a competent manner or if the regular duties of the position are a part of the normal requirements of the employee in his/her present position and which the employee can immediately perform in a competent manner, campus seniority shall prevail in permitting such employees to bump the least senior individual in such classification covered by this Agreement.
Section 3. Recall.
A. The CEO shall maintain a recall roster from which laid-off employees will be recalled to positions to be filled in accordance with their seniority within classification.
B. A laid off employee will remain on the recall roster for three (3) years, provided that an employee who is offered recall to a position in the same job classification as the position for which he/she was laid off and who fails to accept such offer within five (5) calendar days or three (3) working days, whichever is greater, shall be removed from the recall list and his/her recall rights and seniority shall terminate at that time. The recalled employee may delay his/her return to work for a period of up to fourteen (14) calendar days except in emergency situations after the date of acceptance of recall.
Section 4. Seniority.
A. As used in this Article, seniority shall mean all continuous service since the last date of hire at the campus.
B. In computing seniority as defined in this Article, any break in service or any time off the payroll in excess of twenty-eight (28) consecutive days shall be excluded from total seniority except approved military, maternity, industrial accident leave, and a layoff of up to three (3) months.
Section 5.
This Article shall not apply to employees paid from institute, grant or contract funds. For the purpose of applying for vacant positions, such employees shall retain their seniority for three (3) months after their termination.
Section 6.
Notwithstanding their position on the seniority list, the individuals holding the following positions shall in the event of a layoff continue to be employed at all times, provided they can perform the duties of any available positions;
President
Vice-President
Secretary Treasurer
Recording Secretary
Section 7.
In the event there is a layoff of bargaining unit employees, they shall not be replaced by students, except for short periods of time not in excess of twenty (20) hours per week. The policies currently in effect regarding this section will remain in full force and effect for the life of this Agreement.
Section 8.
In the determination of selecting unit employees to be laid off in accordance with this Article, management shall make reasonable efforts to first lay off JJ Account funded and similar type employees who normally perform those duties performed by bargaining unit members in classifications affected by the layoff.