(a) Names of permanently certified employees who are laid off shall be placed on a reemployment list for their appropriate respective classes. Names of probationary employees who are laid off shall be returned to the eligible list from which certification was made.
(b) Before any funded vacancies are filled within the Bargaining Unit, the qualifications of individuals on the recall list will be reviewed to determine if they possess the necessary qualifications to fill such vacancies. The names of permanently certified employees who are laid off shall be placed on appropriate recall lists according to their City seniority. The employee with the most city-wide seniority shall be recalled first when job vacancies are to be filled or when funds and work are available. All former employees shall be recalled from layoff in the inverse order from which they were laid off, and must return to their former original positions when they become available subject to (b)(2) of this section. Permanently certified employees who are laid off under Section 2105.36 Lay Off Procedure shall remain on this list until they are returned to the division and classification they occupied just prior to the layoff, or:
(1) A three (3) year period has elapsed, in which case, they will be removed from the recall list. Provided, however, employees will remain on this list for return to the division and classification they were in prior to the lay off or displacement for an additional one (1) year.
(2) Laid off employees who refuse recall to their former original positions will forfeit all further recall rights and shall be removed from the City's recall list.
(3) The employee is on retirement with the Public Employees Retirement System.
(4) The employee, on a voluntary basis, takes a promotion or demotion into a position covered by a different City of Toledo Bargaining Unit.
(c) All laid off or displaced employees from Local 2058 positions shall be given the opportunity to fill any position for which a vacancy occurs, after the layoff or displacement, before any new employees are hired, provided that the laid off or displaced employee has the qualifications and ability to perform the duties of the vacant position.
(d) Displaced employees will be personally contacted by telephone and notified of their being recalled and must accept or reject the recall within three (3) workdays. A form confirming the acceptance or rejection will be completed. An employee who cannot be contacted or an individual who is on lay-off will be sent a certified letter to their address of record in the City of Toledo personnel file 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.
(e) Every employee eligible for recall who is reviewed for a vacancy and is determined unqualified shall be notified in writing of the position they were reviewed for and the reason(s) they were determined unqualified. This notice shall be sent within a reasonable amount of time of the determination with a copy provided to the Local 2058 President.
(f) The City will provide the Union with a list of the abolished positions, displaced employees and laid off employees within 30 days of said process.