(a) The City of Toledo will notify the Union a minimum of thirty (30) days prior to the effective date of layoffs that the elimination of positions has become necessary. Every effort will be made to provide up to forty-five (45) days notice where the City is aware that layoffs will be necessary and such notice will not delay the layoff process or cause greater budget cuts to occur.
Twenty (20) days in advance of layoffs the parties shall meet to review the City's list of funded vacant positions in the Local 2058 Bargaining Unit with the intent of employees whose positions are selected for elimination by the City assuming vacancies in the same classification or the same, higher, or lower salary group for which they qualify. Accordingly, five (5) workdays prior to the scheduled layoff date, employees whose positions are to be eliminated shall review the list of available vacancies and designate their choice among funded vacant positions for which they qualify and will move into their "displaced" position on the effective date of the layoff. An employee who has received a notice of layoff or is subsequently displaced shall have the right to accept the layoff without repercussion.
(b) For purposes of determining the right of an employee to bump another employee, if the employee was hired directly into the Local 2058 jurisdiction then he shall have no right to bump other employees in another Bargaining Unit. If the Local 2058 employee was promoted to the position, then he shall have the right to bump back to a position in the Bargaining Unit from which he was promoted, provided the City of Toledo and Union are able to negotiate such an agreement with the corresponding Bargaining Unit(s) who has successfully challenged this provision.
(1) Employees promoted from Local 2058 into the Exempt Service and whose position is being eliminated, shall have the right to assume vacancies in the Local 2058 Bargaining Unit based upon total City seniority provided no current employee from within the Local 2058 Bargaining Unit qualifies for the vacancy.
(2) Employees within the Local 2058 Bargaining Unit will go through the layoff/displacement process prior to city employees who have secondary layoff rights, from the exempt or unclassified service.
(c) When it is necessary to reduce the work force for lack of work or for other legitimate reasons, any temporary, provisional, part-time or probationary employee in the classification affected shall be laid off before any permanently certified 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 with the City.
(d) This section shall first be subject to the provisions of Section 2105.32 Seniority; Bargaining Agent Officers and Representatives, which establishes top seniority, then to the provisions of Section 2105.29 City Seniority. An employee laid off shall have the right to accept the layoff without repercussions or assume another city position in accordance with the following procedure:
First: Employees must accept funded vacant positions within the Local 2058 jurisdiction within the same classification, within the same salary group, or in a higher salary group if there are no Local 2058 employees with recall rights to the higher classification, and provided employees conform to the provisions listed in this section.
Second: The employee shall have the right to displace the employee in the same classification with the least amount of continuous service with the City.
Third: The employee must accept a funded vacant position within the Local 2058 jurisdiction within a lower salary group if there are no Local 2058 employees with recall rights to that position, and provided the employee conforms to the provisions listed in this section.
Fourth: The employee shall displace the employee in the same salary group who has the least amount of continuous service with the City, provided the affected employee has performed in that classification and meets the minimum requirements for the classification and has the ability to perform the duties of that position.
Fifth: 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 has performed and meets the minimum requirements for the classification and has the ability to perform the duties of that position.
Sixth: Notwithstanding the above procedure, an employee will be allowed to displace an employee in a classification he has not performed if that classification is in a logical progression from his present classification and a former classification that he has held. Again, the employee must meet the minimum requirements for the classification and have the ability to perform the duties of the position.
Seventh: The definition "performed in the classification" will include employment outside the City and related employment within the City where documentation has been submitted to the Employer. An individual approved must be able to perform the duties of the position. Employees should update their employment folders with the City. Such documentation may also include certification of licenses; on-the-job training, seniority at different and various tasks for the City.
Eighth: 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.
Ninth: In the event there are any seasonal employees working anywhere for the City, permanent, provisional or part-time 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.
(e) An employee assuming a vacancy in a higher salary group under Part (d) First above shall be provisionally appointed to such vacancy. The employee shall be paid at the full rate instead of the start rate for purposes of this paragraph only. The employee shall become permanent in accordance with Section 2105.39, "Promotions", herein and the Civil Service Rules. If an eligibility list is established before the employee becomes permanent and the employee does not place within appointing range, the employee shall return to a vacancy in their original classification, if available, or shall exercise their bump rights from the original classification.
(f) An employee who is deemed unsatisfactory in a different classification during the first thirty (30) work days after their layoff shall re-bump from their original classification prospectively from the date of their re-bump. An employee who of their own volition desires to vacate their position assumed through layoff during this thirty (30) day period may only assume a vacancy and shall not be entitled to re-bump.
(g) The City will provide the Union with a list of the positions which were eliminated and displaced and/or laid off employees within thirty (30) days following this process.