Where layoffs are scheduled affecting full-time employees in competitive class, non-competitive
class, and labor classes the following procedures shall be used:
* See Article I, Section 5(e).
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Notice shall be provided by the Office of Labor Relations to the appropriate union(s) not
less than thirty (30) days before the effective dates of projected layoffs. Such
notification(s) shall apply to all proposed layoffs and shall include a summary by layoff
unit of the number of affected positions by title (including title code number and civil
service status) and shall also include in addition to the above information the name, social
security number, city start date, and title start date of each affected employee.
It is understood by the parties that such notice is considered to be preliminary and is
subject to change during the 30 days notice period. However, if new title(s) which were
not part of the original notice are added to the proposed layoff notice or the number of
employees in title(s) contained in the original notice is increased beyond the number in
the original notice, an additional 30 days notice will be given to the affected union(s)
covering solely such additional title(s) or numbers, except, such additional 30 days notice
shall not apply to employees displaced by the "bumping" provisions mandated by the
Civil Service Law or by appointments from special transfer, preferred, or other civil
service lists. The parties may waive such additional notice by mutual consent.
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Within such 30-day period designated representatives of the Employer will meet and
confer with the designated representatives of the appropriate union with the objective of
considering feasible alternatives to all or part of such scheduled layoffs, including but not
limited to:
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the transfer of employees to other agencies with retraining, if necessary,
consistent with Civil Service law but without regard to the Civil Service title,
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the use of Federal and State funds whenever possible to retain or re-employ
employees scheduled for layoff,
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the elimination or reduction of the amount of work contracted out to independent
contractors, and
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encouragement of early retirement and the expediting of the processing of
retirement applications.
- After meeting and conferring with the designated representatives of the appropriate
union, the Employer shall have the right, when necessary, to transfer any employee, in
lieu of layoff, from one agency to another provided such transfer is within title (and the
employee meets all the legal requirements of the new position) and is being made without
loss in pay, benefits, or seniority to the affected employee. The following procedure shall
govern:
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Volunteers in order of title seniority.
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Non-volunteers in order of title seniority among those who would otherwise have
to be laid off in the agency from which the transfer is being made.