Tentative Agreement
by and between
Spokane County and
IFPTE Local 17
April 22, 2005
16.1 Seniority Defined
16.1.1 Seniority shall be defined as total length of unbroken
service within the bargaining unit as a regular employee.
16.1.2 For purposes of computing seniority, all leaves except
leaves of absence granted during a new employeeÕs probationary period, shall be
considered as time worked.
16.1.3 Seniority for regular part-time/percentage employees shall be pro-rated based on the employeeÕs percentage effective 01/01/03. (For example: An 80% employee will accrue 80% seniority.)
16.1.4 Employees who are laid off as a result of a reduction in force and who are reinstated shall retain full seniority except for the period of time of the layoff.
16.2 Loss of
Seniority
An employeeÕs earned seniority shall be lost for any of the
following reasons:
16.2.1 Discharge or resignation of the employee.
16.2.2 Inability to return to work after one (1) yearÕs sick leave, except for on-the-job injuries in which case the parties may mutually extend the period in writing.
16.2.3 Failure to report to work on the first work day or
shift following the expiration of an authorized leave of absence without an
authorized extension.
16.2.4 Layoff, which exceeds an eighteen (18) consecutive
calendar month period.
16.2.5 Failure, when on layoff status, to report to work
within the prescribed time period to be back on the job shall constitute a
refusal to work.
16.3 Seniority List
16.3.1 A seniority list shall be brought up to date in
January of each year and shall be posted in a conspicuous place in the field
and office worksites. One (1) copy
of the seniority list shall be provided to each shop steward.
16.4
Layoff
The
County shall notify the Union in writing at least thirty (30) days in advance
of any anticipated layoff of a regular employee. The notice shall include the
name of the division, classification(s), and employee(s) identified for layoff.
For purposes of this Article, the Union will be considered the Chapter
President and Union Representative.
16.4.1In the event of layoff for any
reason within a Division, of any or all employees, for a definite or indefinite
period of time, employees shall be laid off in their inverse order of seniority
from the affected ÒfamilyÓ (see attachment ÒAÓ) within the Division in the
following order:
16.4.1.1
Temporary employees
16.4.1.2
Seasonal employees
16.4.1.3
Probationary employees
16.4.1.4
Regular employees (includes
full-time, part-time and
percentage employees)
16.4.2 Lay-off of regular employees shall be based on their
bargaining unit seniority, provided that the retained employees have the ability
and qualifications to perform the remaining work within a reasonable amount of
time.
16.4.3 Employees may elect to bump provided they have greater
seniority and the ability and qualifications to perform the work of the person
being bumped. (See table A for Engineering, B for Utilities seniority). Any
persons bumped under the provisions of these sections shall be laid off or if
eligible, may elect to bump another employee pursuant to the bumping procedures
in the following sections 16.4.4 thru 16.4.9.
16.4.4 An employee who elects to bump shall have five (5) working
days from the time of written notice of layoff to notify the County of his/her
intent to exercise his/her bumping rights. An employee will forfeit bumping rights if written notice is
not submitted within the five (5) days.
16.4.5 A regular employee who has received a potential lay off
notice may select from the following options or be laid-off:
16.4.5.1
Bump within the division and
within the same family into a lower paying classification for which he/she is
qualified.
16.4.5.2
Bump within the division,
regardless of family, into a lower paying classification he/she has previously
occupied.
16.4.6 Employees who elect to bump shall assume the status
(full-time or part-time/percentage) of the position selected to bump.
16.4.7 Employees may not bump
between Divisions.
16.4.8
A
regular employee may offer to be voluntarily laid off provided the voluntary
layoff would not adversely affect the Division and would require approval by
the Division Head. Initial consideration shall be given to regular employees
who volunteer to accept a layoff.
16.4.9
Employees
who are laid off due to a reduction-in-force shall have their names placed on a
reduction-in-force register in the order of their seniority as defined above.
16.5
Recall
16.5.1 Right of Re-employment
No applicant or employee shall be hired into any
classification within the bargaining unit until all qualified employees within
that classification on layoff status have been given the opportunity to return
to work, provided the layoff period does not exceed eighteen (18) months.
16.5.2 Recall will be into a classification by bargaining unit
seniority where the most senior employee will be recalled first.
16.5.3 A regular employee who is laid off shall have one
opportunity to refuse a recall in his/her family, except if the employee is
recalled to his/her previous position, in which case a first refusal will
terminate the employeeÕs recall rights.
16.5.4 An employee on the recall list who is offered temporary
work may decline the offer without jeopardizing his/her recall rights.
16.5.5 An employee recalled from layoff shall not lose previously
accumulated sick leave provided that employee must be re-employed within eighteen
(18) months after layoff to retain these call back rights.
16.5.6 Offer of Re-employment Notice
16.5.6.1
An offer of re-employment
shall be in writing stating the date of the first day of work and sent by
registered or certified mail to the employeeÕs last known address.
16.5.6.2
The employee shall bear the
burden of notifying the department in writing, of any change in address.
16.5.6.3
The employee shall be deemed
to have received notice of the offer of re-employment within fifteen (15)
calendar days after the County mails the notice.
16.5.7
Acceptance of Offer - Time
Period - Begin Work
16.5.7.1
An employee will have twenty
(20) calendar days from the date the notice of recall is sent by certified mail
in which to notify the County of whether he/she will accept the position. The
County will consider the employeeÕs failure to notify the County within the twenty
(20) calendar days as a refusal.
16.5.7.2
All notices shall be in
writing.
16.5.7.3
Upon acceptance an employee
shall be back on the job within five (5) working days after acceptance of said
offer, or he/she shall forfeit all rights under this Article.