14.1 Reason for Layoff
Layoff shall occur only for lack of work or lack of funds and includes a reduction in hours.
14.2 Order of Layoff
14.2.1 Any layoff shall be effected within a class. The order of layoff shall be based on seniority within that class and higher classes in which the employee has worked. An employee with the least seniority within the class or higher classes in which the employee has worked shall be laid off first.
14.2.2 Seniority shall be based upon the date of hire in each class in which the employee has worked.
14.3 Bumping Rights
Bumping right is the right of an employee, under certain conditions, to displace an employee with less seniority in a class. Bumping rights shall be within class and based solely on seniority.
14.4 Layoff in Lieu of Bumping
An employee who elects a layoff in lieu of bumping maintains his/her reemployment rights under this Agreement.
14.5 Equal Seniority
If two (2) or more employees subject to layoff have equal class seniority, the determination as to who shall be laid off will be made on the basis of the greater bargaining unit seniority or, if that be equal, the greater hire date seniority, and if that be equal, then the determination shall be made by the Superintendent’s discretion.
14.6 Voluntary Demotion or Voluntary Reduction in Hours
Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the employee’s option, returned to a position in their former class or to positions with increased assigned time as vacancies become available, and with no time limit, except that they shall be ranked in accordance with their seniority on any valid reemployment list.
14.7 Retirement in Lieu of Layoff
14.7.1 Any employee in the bargaining unit may elect to accept a service retirement in lieu of layoff or, if offered by the District, a voluntary demotion, or reduction in assigned time. Such employee shall, within ten (10) workdays prior to the effective date of the proposed layoff, complete and submit a form provided by the District for this purpose. The employee shall then be placed on a thirty-nine (39) month reemployment list.
14.7.2 The District agrees that when an offer of reemployment is made to an eligible person retired under this Article, and the District receives within ten (10) working days a written acceptance of the offer, the position shall not be filled by any other person, and the retired person shall be allowed sufficient time to terminate his/her retired status. An employee subject to this Section who retires and is eligible for reemployment, and who declines an offer of reemployment equal to that from which laid off, shall be deemed to be permanently retired. Any election to retire after being placed on a reemployment list shall be retirement in lieu of layoff within the meaning of this section.
14.8 Seniority Roster
The District shall maintain an updated seniority roster indicating employees’ class seniority. Such rosters shall be available to CSEA at any time upon request. Initial seniority shall be established per seniority list.
14.9 Reemployment Rights
Persons laid off because of lack of work or lack of funds are eligible for reemployment for a period of thirty-nine (39) months and shall be reemployed in preference to new applicants. In addition, such persons laid off have the right to participate in promotional examinations within the District during the period of thirty-nine (39) months. Reemployment shall be in reverse order of layoff to classifications within which the employee has served.
14.10 Notification of Reemployment Openings
Any employee who is laid off and is subsequently eligible for reemployment shall be notified in writing by the District of an opening for which he/she is qualified in accordance with this Article.
14.11 Employee Notification to District
An employee shall notify the District of his/her intent to accept or refuse reemployment within ten (10) working days following receipt of the reemployment notice. If the employee accepts reemployment, the employee must report to work within thirty (30) working days following receipt of the reemployment notice. An employee given notice of reemployment need not accept the reemployment to maintain the employee’s eligibility on the reemployment list, provided the employee notifies the District of refusal of reemployment within ten (10) working days from receipt of the reemployment notice. An employee not responding shall be dropped from the reemployment list unless he/she requests in writing to be reinstated on the list.