(a) For purposes of recall from layoff, bargaining unit employees of Local 7 shall have the right to be recalled to any position in the above bargaining unit for which they qualify. The laid off employees shall be placed, according to seniority, on the recall list(s) of the positions for which the employee qualifies. For purposes of this agreement, seniority means the total length of continuous service to the City, Board of Health, or Toledo House of Correction, irrespective of any transferring between bargaining units.
Employees will remain on this list for return to the division and classification they were in prior to the layoff or displacement for a period of four (4) years. Employees who are laid off or displaced will remain on a recall list to fill vacancies (other than from their permanent classification in the division from which they were laid off or displaced) in the same or lower salary group of their permanent classification for a period of three (3) years.
(b) Laid off employees who refuse recall to their former classifications will forfeit their recall rights and their names will be removed from the list.
(c) Before any vacancies are filled, the qualifications of individuals on the recall list will be reviewed by Department of Human Resources personnel to determine if they possess the necessary qualifications. Permanent employees who are judged qualified will be recalled by seniority to fill vacancies in the same or lower salary group of their permanent classification.
(d) Employees on the recall list who are determined qualified by the Department of Human Resources will be provisionally recalled to fill vacancies at a higher salary group than their permanent classification, provided there are no permanent employees with more City seniority within the unit first, division second, where the vacancy exists; in such cases the most senior qualified employee willing to accept the provisional appointment is to be appointed. If the Department of Human Resources determines that an individual possesses the necessary qualifications, the receiving division shall conduct a limited review of the employee to be recalled based upon attendance record and disciplinary record. Employees bypassed by the receiving division for recall may appeal the determination to the Department of Human Resources for a final determination as to the reason(s) for the bypassing. Said appeal must be filed within three (3) work days of notification of the bypassing. The determination by the Department of Human Resources is final and shall not be subject to further review or appeal.
(e) Employees who are recalled into a salary group/classification different than their permanent classification will be provisionally recalled to the vacancy to serve a sixty (60) work day demonstration period; if found unsatisfactory during this sixty (60) work day period, the employee will be returned to the previously held position without the loss of unit seniority or impact on future recall rights. If the employee's previously held position has been filled, the employee filling that position may be removed and reinstated to their previously held position, and so forth with no loss of unit seniority. 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.
(f) Prior to hiring from eligibility lists, individuals on the recall list who are qualified as determined by the Department of Human Resources personnel will be allowed to fill vacancies in job classifications at the same salary group and/or in a lower salary group than their permanent classification by seniority.
(g) An employee who is promoted through the recall procedures and achieves permanent status in the higher level position will be removed from the recall list, and this higher level position will then be the affected employee's “permanent classification”.
(h) Employees will be contacted by telephone and notified of their being recalled and must accept or reject the recall within three (3) work days. An employee off work will be sent a certified letter notifying them of being recalled; a failure to accept or respond within ten (10) work days will result in the City recalling the next most appropriate employee.