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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.
35.04 Placement
Notwithstanding other provisions of Article 31, the Union and the agency or
agencies may agree, in writing, to place an employee to be laid off in an
existing vacancy even if such vacancy would not normally be available for
bumping. Such agreement shall take precedence over any
other Section/Article of this Agreement. However, such placement shall not
result in the promotion of the affected employee. All employees placed into
existing vacancies under this Section shall retain recall rights pursuant to the
provisions of this Article.
35.05 Recall
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.
35.06 Closing of
Facilities
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.
35.07 Class Modernization
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.