ARTICLE 26
LAYOFF AND RECALL

26.1:    Layoff shall mean the separation of employees from the active work force due to lack of work or funds or abolition of positions because of changes in organization.

26.2:    Order of Layoff .

A.        No permanent or probationary employee shall be laid off from his position in the Fire Department while any temporary or provisional employees are serving in the same position class in that Department.

B.         Except as provided below, the layoff of probationary or permanent employees in the Fire Department shall be in inverse order of seniority.

26.3:    Demotion in Lieu of Layoff .

A.        Except as provided below, an employee subject to layoff who so requests, shall in lieu of layoff, be demoted by seniority to the next lower position in the fire suppression division.

B.         If there is no lower position in an employee's division, that employee who so requests shall in lieu of layoff be demoted or reassigned , by mutual agreement .

26.4:    Notice of Layoff .  Employees to be laid off indefinitely shall be given at least seven (7) calendar days prior notice.

26.5:    Preferred Eligible Lists .

A.        Employees demoted in lieu of layoff shall have their names placed on preferred eligible lists in order of seniority for each rank from which displaced within the Fire Department.

B.         Names shall remain on the lists for six (6) months or the length of their seniority, whichever is greater for those employees demoted or reassigned unless removed as provided below.  An employee who is laid off will have his name remain on the list for a period of time equal to his seniority at the time of his layoff or two (2) years whichever is less.  Employees shall be recalled from layoff or shall be restored to positions from which demoted or reassigned in the Fire Department before any other persons are selected for employment or promotion in those ranks.

26.6:    A laid-off seniority employee, if recalled to a job, shall be required to take the recall.  Failure to take such offered work, except as provided in section 26.7, shall result in loss of seniority and discharge.

26.7:    Employees on layoff may be recalled to fill positions for employees absent due to illness, accident, pregnancy, and on-the-job injuries; however, such recalls shall be only for as long as the regular employee is absent or disabled or until the position is declared vacant.  An employee may decline such recalls without jeopardizing his position on the preferred eligible list.

26.8:   

A.        The order of recalling laid-off employees shall be in the inverse order in which the employees are laid off and shall be subject to the same conditions of layoff.

B.         Notices of recall shall be sent by certified or registered mail or telegram to the employee's last known address as shown on the Employer's records and it shall be the obligation of the employee to provide the Employer with a current address and telephone number.  A recalled employee shall give notice of his intent to return to work within three (3) calendar days and shall return to work within five (5) calendar days after issuance of notice or his employment shall be terminated without recourse to this Agreement unless the time is extended by the Employer.

 

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