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A layoff is a reduction in the number of employees within the Department due to lack of work, lack of funds, or for any reason other than the acts or delinquencies of the employee. The City will lay off employees as herein provided.
Section 2. Order of Layoff - Once the City has determined that selected positions shall be eliminated, the City will lay off employees in reverse order of their classification seniority as defined in Article 32, Seniority. If a Sergeant's position is eliminated, that Sergeant shall retain classification seniority as a Police Officer based upon departmental seniority.
Section 3. If at the time of layoff the City has junior officers assigned to limited term, special undercover assignments, up to two (2) such junior officers shall be retained until the City terminates such special assignments. The junior officers retained shall be counted in the number of layoffs and shall actually be laid off upon termination of their assignments.
Section 4. Vacant Bargaining Unit positions shall be eliminated and probationary employees shall be laid off prior to any regular employee. Furthermore, if any Bargaining Unit member is on layoff, no reserves paid on a salaried basis shall be retained to perform Bargaining Unit work.
Section 5. In the event two (2) or more employees have the same length of Classification seniority, departmental seniority shall prevail. Should departmental seniority also be equal, the determination shall be made under the provisions of Article 32, Seniority, Section 10 of this Agreement.
Section 6. An employee who is entitled on the basis of length of service to remain at work but who is unable to perform the work available because of physical or mental disability shall be given fourteen (14) calendar days notice after which the employee shall be placed on temporary layoff until the employee is physically or mentally able to return to work. At such time that employee shall replace the employee with the least classification seniority then working. A copy of such notice shall be forwarded to the Union.
Section 7. An employee shall be recalled in reverse order of classification seniority provided that the employee is, at the time, able to perform the work available in the classification to which recalled.
If the employee is unable to return to work when recalled because of non-service connected physical or mental disability but subsequently recovers prior to two (2) years following the day of layoff, at that time the employee shall be entitled to replace the employee with the least classification seniority then working. If such employee is not recalled within two (2) years following the day of layoff, the employment relationship shall be terminated.
If the employee is unable to return to work when recalled because of service connected physical or mental disability, the employee shall retain all rights provided under the City's Pension Plan or under the law.
Section 8. An employee who is recalled to work and who fails to return within fifteen (15) calendar days after the date designated, except as provided in Section 7 above, shall be considered to have resigned voluntarily. |
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