Section 3. Non-Competitive Class and Labor Class Layoff Procedures
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If budgetary restrictions, consolidations or abolition of functions or other curtailment of
activities result in the abolition of non-competitive class or labor class positions, the
suspension among the incumbents in the same class of positions shall be made in inverse
order of their original appointment to the agency in the subject class of positions.
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The date of original appointment shall be the first date of appointment followed by
continuous service up to the time of the abolition or reduction of positions.
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An employee who had been terminated from the subject class of positions and who was
reappointed in the affected class of positions within one year thereafter shall for the
purposes of this Section be deemed to have continuous service.
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A period of an authorized leave of absence without pay or any period during which an
employee is suspended from the employee's position pursuant to this Section shall not
constitute an interruption of continuous service for the purposes of this Section.
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In the case of non-competitive or labor class employees, the Employer may determine the
layoff unit (agency, unit of appropriation, department, bureau, division, or other clearly
identifiable subdivision). In such case, layoff shall be made from among incumbents in
the same class of positions in each such layoff unit.
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If the Employer designates a subdivision smaller than a unit of appropriation, department,
bureau, or division as a non-competitive layoff unit or smaller than a unit of
appropriation as a labor class layoff unit, the affected union may appeal such designation
within 3 days of the receipt of the layoff notice to Commissioner of Citywide
Administrative Services who will issue a final and binding determination within 3 days of
the receipt of such appeal.
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Employees in affected titles in the layoff unit shall be laid off in the following order:
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All employees in probationary status in the same title. Among them, layoff shall
be in inverse order to date of original appointment.
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All employees who have satisfactorily completed their probationary periods in the
same title. Among them, layoff shall be in inverse order to date of original
appointment.
Social Service Employees Union Local 371
AFSCME, AFL—CIO
817 Broadway, New York, NY 10003
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