ARTICLE 35 - REDUCTION IN FORCE
Layoffs of employees in the bargaining unit may only be made pursuant to the Ohio Revised Code 124.321 et. seq. and Administrative Rule 123:1-41-01 et. seq. except as modified by this Article. In cases of any layoff, the parties commit to working together in an attempt to place laid off workers in appropriate positions.
The Labor Council will be notified in writing of the targeted classifications/positions involved in the layoff. Bargaining unit seniority as defined in Article 34 shall be used to determine the order of layoff, recall, and re-employment. The use of retention points is hereby abolished. Performance evaluations will not be a factor in layoff.
Employees laid off or abolished shall be afforded their available bumping/displacement options.
Displacement shall be to an equal or lower position for which the affected employee is qualified to perform the duties. Less than full time (LTFT) employees cannot bump/displace full-time employees. An employee may chose to accept a lay off and not exercise their bumping rights without relinquishing any recall rights.
All laid off/abolished bargaining unit employees by bargaining unit seniority shall first have the option to bump within the applicable facility or agreed upon layoff jurisdiction within their department as set forth in Appendix B in the following order:
1. To displace the least senior within the same classification or;
2. To bump the least senior within the same classification series.
The least senior affected employee in the facility/jurisdiction may bump the least senior employee in their classification statewide. If the least senior affected employee in the facility/jurisdiction is full-time, that employee will be canvassed and offered the opportunity to bump to a LTFT position in the facility/jurisdiction rather than bumping/displacing into a full-time position in their classification statewide. A full-time employee may bump a LTFT regardless of seniority, however the full-time employee must select the least senior employee from the LTFT appointment types within the applicable facility/jurisdiction.
With the Departments of Mental Health and Mental Retardation and Developmental Disabilities this Article only applies to permanent appointment types.
Employees on layoff shall have recall rights to the same or lesser appointment type in their classification for a period of twenty-four (24) months with the most senior recalled first within the applicable facility/jurisdiction. Employees laid off or who bump to a lesser appointment type shall have recall rights. Employees declining positions through recall to the same appointment type within the applicable facility/jurisdiction shall be removed from all recall lists. Employees declining positions to a lesser appointment type through recall shall be removed from the applicable facility/jurisdiction LTFT recall list only. Notification of recall shall be by certified mail to the employee's last known address. If the employee fails to report for work within fourteen (14) days following receipt of notification, he/she shall forfeit recall rights.
Any employee who must move to fill a position for any reason set forth in this Article shall not be entitled to reimbursement for any expenses resulting from the move.
All layoffs, abolishments and displacement appeals shall be filed directly at Step 2 of the grievance procedure.
Employees outside of a district who are on layoff due to a facility closing shall be considered, by bargaining unit seniority, for existing vacancies that the Employer determines to fill. These employees shall only be considered for vacancies in the same like classification that they held immediately prior to the layoff. Recall lists must be exhausted before such vacancies can be made available to employees from other districts. If an employee rejects a vacancy offered pursuant to this Section, the employee will not forfeit his/her recall rights. Consideration will be given for twenty four (24) months from the date of layoff.
Any employee who must move to fill a position for any reason set forth in this Article shall not be entitled to reimbursement for any expenses resulting from the move.
All layoffs, abolishments and displacement appeals shall be filed directly at Step 2 of the grievance procedure.
In reference to Appendix A of this Agreement in the event that any of the specifications for those classifications listed in Appendix A were modified by classification modernization, it is the intention of the State that those classifications will continue to be covered by the existing language of Article 35 and shall be treated as the same like classifications.