Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 69
RULE 14
14.14 Reinstatement Rights: Classified employees who have been displaced or laid off shall be
granted reinstatement rights. The names of all such employees shall be placed on an eligible list
corresponding to the classification in which the employee held permanent status and from which the
employee was displaced or laid off. Reinstatement rights include, but are not limited to, the following:
a.
Employees who have been laid off or displaced shall be reinstated in the employee’s
permanent classification in seniority order (inverse order of lay off) when such a position in
the affected classification becomes vacant, based on the total time served in the given
classification.
b. Employees who have been laid off pursuant to the time limits specified in Rule 8.
c.
Such reinstatement shall be made irrespective of organization and shall have priority over all
other employees, except disabled employees, when placed in such positions.
d.
Employees reinstated shall be placed at the same step in their permanent classification as
they held prior to the lay off or transfer.
e.
Employees offered reinstatement to the position from which they were laid off or displaced, or
one within the same classification will be given up to ten (10) calendar days from the City’s
offer of reinstatement to notify the Human Resources Director in writing of the acceptance or
declination of the reinstatement offer. If the employee declines the offer, fails to respond
within a prescribed time period, or fails to appear for work within an agreed upon period,
reinstatement rights shall be considered waived as to any future vacancy.
14.15 Displacement and Lay off Grievance Rights: A grievance can only be filed by employees who
have been subjected to displacement or lay off under any of the following conditions:
a.
Failure To Adhere to the Order of Effecting Reduction In Work Force: A grievance may
be filed by an employee affected by a reduction in work force when:
(1) Said employee was displaced or laid off before or instead of other employees holding
temporary positions in the same classification within the same department;
(2) Said employee was displaced or laid off prior to the displacement or lay off of other
employees with less seniority in the affected classification within the same department.
b. Failure To Grant/Adhere To Reinstatement Rights: Employees who have been displaced
or laid off shall have grievance rights relative only to the employee’s reinstatement rights.
14.16 Reversion Rights: Any employee, holding a provisional, temporary, or unclassified appointment,
having previously held permanent status in the classified service within the previous two (2) years, shall
be entitled to revert to the employee’s permanent classification in the event of a reduction in work force.
Classified permanent employees serving a probationary period in a new classification shall be entitled to
revert to the employee’s permanent classification if the employee’s probationary position is affected by lay
off. Such employees shall not have any priority rights for job openings or displacements under this Rule,
appeal rights or seniority rights in lay off, except those accorded in the employee’s permanent position.
The affected employee shall be entitled to the pay step in the employee’s previous position which would
have been received had the employee not left such position.
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