(a) When it is necessary to reduce the work force for lack of work or for other legitimate reasons, any temporary or probationary employee in the classification affected shall be laid off before any permanent or provisional employee is laid off. In making a layoff of permanently certified employees, the employee to be laid off shall be the one with the least amount of continuous service within the Bargaining Unit, with the City.
(b) An employee laid off from the main Bargaining Unit or Communication Operators Bargaining Unit shall have the right to displace another City employee having less continuous service than the laid off employee in accordance with the following procedure. An employee laid off from the Local 2058 Bargaining Unit who previously was a member of a Local 7 Bargaining Unit shall have a right to return to the Local 7 unit. However, a Local 2058 member shall only have a right to displace an employee in the same or a lower salary group that they held in Local 7. Further, a Local 2058 member must first accept any vacancy for which he or she qualifies in the same or a higher salary group he or she held in Local 7 before displacing anyone; provided, however, that placement in a vacancy in a higher salary group than the one held in Local 7 must be at or below the salary group held in Local 2058. Local 7 Bargaining Unit members shall go through the bumping process for Local 7 positions before non-Local 7 Bargaining Unit members.
(1) First. Employees will be offered funded vacant positions within the Local 7 jurisdiction within the same classification, within the same or lower salary group, provided employees conform to the provisions listed in this section.
(2) Second. The employee shall have the right to displace the employee in the same classification, within the Bargaining Unit, with the least amount of continuous service with the City.
(3) Third. The employee shall displace the employee in the same salary group who has the least amount of continuous City service, within the Bargaining Unit with the City provided the affected employee (I) has performed in that classification or has the required experience in a similar or related position and (II) meets the minimum requirements for the classification and (III) has the ability to perform the duties of that position.
(4) Fourth. The employee shall drop one or more salary groups and displace the employee in the lower salary group who is working in a classification that the employee: (I) has either performed or for which he has the required experience in a similar or related position; and (II) for which the employee meets the minimum requirements for the classification; and (III) for which the employee has the ability to perform the duties of that position.
(5) Fifth. Notwithstanding the above procedure, an employee will be allowed to displace an employee in a classification not previously performed in when that classification is in a logical progression from a present or former classification held. Again, the employee must meet the minimum requirements for the classification and have the ability to perform the duties of the position.
(6) Sixth. The definition "performed in the classification" will include employment outside the City where documentation has been submitted to and approved by the Toledo Civil Service Commission prior to the layoff process. An individual approved must be able to perform the duties of the position.
(7) Seventh. This process shall repeat itself until the employees having the least amount of seniority within the affected classes have been displaced by employees with greater seniority who have met the conditions set forth above.
(8) Eighth. Notwithstanding the above procedure, any employee whose position has been identified for elimination or who has been displaced by a more senior employee shall have the right to accept the layoff without repercussion.
(9) Ninth. In the event there are any seasonal employees working anywhere for the City, employees who have been laid off as a result of this procedure shall have the option of taking those positions by seniority provided they have the ability to perform the duties of such positions or they may choose to take the layoff without repercussion.
(c) The City of Toledo will notify the Union thirty (30) days prior to the effective date of layoffs that the elimination of positions has become necessary.
(d) Laid off employees who displace into a salary group/classification different than their permanent classification will serve a sixty (60) work day demonstration period; if found unsatisfactory at any time during this sixty (60) work day period, the employee will prospectively displace from the original permanent classification. Employees shall be evaluated regularly during the demonstration period using a uniform process. An evaluation meeting shall be conducted with the employee after the completion of thirty (30) work days.
(e) Any laid off employee who determines a classification/position, to which they have displaced into pursuant to this layoff procedure, is not suitable during the applicable probationary or demonstration period, may either: (1) accept placement into an available vacancy equal to or lower than the classification from which they were originally laid off; or (2) will actually be laid off. Otherwise, there is no “re-bump” process.
(f) A laid off employee will receive the appropriate rate of pay for the salary group of the classification to which they displace into and, the twelve (12) month rule for the “steps” within the salary group will be applied from the original salary group (as set forth in “Wage Rates, Premiums and Allowances” Section 2117.118, “base annual salaries”) for lateral movement through this layoff procedure.
(g) All Local 7 members will be required to take 5 unpaid (40 hours) workdays off in the calendar year 2009. These days may be scheduled by the employee subject to management approval by February 6, 2009. If the employee fails to schedule these days off, management may do so at the convenience of the City. These unpaid days off will not affect holiday pay.