Home > Section 4. Non-Competitive Class and Labor Class Recall Procedures
Section 4. Non-Competitive Class and Labor Class Recall Procedures
In the event of layoff the Employer shall place the names of affected non-competitive or
labor class employees on a recall list.
The Employer shall certify such recall list for filling non-competitive vacancies in
the same class of positions in the unit of appropriation from which the
suspensions were made, and for labor class vacancies in the same class of
positions in the agency from which the suspensions were made, and for which the
Commissioner of Citywide Administrative Services determines they qualify. The
parties may waive the terms contained in this paragraph by mutual consent.
Effective November 26, 1999, the following subsection shall supercede
subsection 4(b)(i):
For filling non-competitive vacancies in the same class of positions from which
the layoffs were made and for which the Commissioner of Citywide
Administrative Services determines such laid off employees are qualified, the
Employer shall certify such recall list to the agency from which the layoffs were
made. For filling labor class vacancies in the same class of positions from which
the layoffs were made, the Employer shall certify such recall list on a citywide
basis. The parties may waive the terms contained in this paragraph by mutual
consent.
Persons on the recall list shall be called for reinstatement in the order of their original
date of appointment and upon the occurrence of a vacancy in an appropriate position in
the recall unit shall be certified in seniority order. The eligibility for reinstatement of a
person on such a recall list shall not continue for a period longer than four years from the
date of separation.
No person suspended or demoted prior to completing his/her probationary term shall be
certified for reinstatement until the exhaustion of all other eligibles on the recall list and
shall be required to complete his/her probationary term upon reinstatement.
Failure or refusal to accept reinstatement from recall lists to vacancies in the same class
of positions shall be deemed relinquishment of eligibility and the employee's name shall
be removed from the list.
A person reinstated from a recall list to his/her former class of positions shall receive at
least the same salary he/she was receiving at the time of suspension.
Notwithstanding any other provisions of this Section, the Employer may, to the extent
permissible by law, disqualify for reinstatement and remove from a recall list the name
of any eligible who is physically or mentally disabled for the performance of the duties of
the position for which such list is established, or who has been guilty of such misconduct
as would result in dismissal.