(a) When it is necessary to reduce the work force for lack of work or for other legitimate reasons, any temporary, provisional, 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 within the bargaining unit, with the City.
(b) An employee laid off shall have the right to displace another City employee having less continuous service than the laid off employee in accordance with the following procedure.
(1) First: Employees will be offered funded vacant positions within the Local 20 jurisdiction within the same classification, within the same or lower salary group, or in a higher salary group if there is no established eligibility list, and 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 service, within the bargaining unit, with the City, provided the affected employee has performed in that classification meets the minimum requirements for the classification and 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 has performed and meets the minimum requirements for the classification and 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 he has not performed in when that classification is in a logical progression from his present classification or 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.
(6) Sixth: The definition "perform 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 a 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, permanent 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) Any previously Red Circled employee who is laid off or bumped shall retain his Red Circled Status and shall receive the Red Circled Rate for the position that he bumps down to or up to if there is a Red Circle Rate being paid for that position or the higher rate being paid for the position if any exists. The same procedure will apply to recall of an employee.
(e) The City will allow the more senior employee, during a reduction in the work force due to lack of funds or lack of work, to exercise the option of taking the layoff in lieu of the employee about to be laid off.
(f) Employees who have successfully completed the training programs, specified in Section 2121.88, will be deemed qualified for purposes of layoff and recall under Sections 2121.47 and 2121.48. There shall be a limit on the number of employees deemed qualified in this manner who can fill vacancies and bump into maintenance worker position of 20% of the total maintenance worker positions at the time.