off with or without cause, and such discharge or layoff shall not be subject to the grievance
procedure.
F, The employee’s present classification seniority as of the effective date of this
contract, shall be the only type of seniority considered for the purpose of establishing the
classification seniority system called for in this Article. This classification seniority must have
been continuous in nature to merit consideration under this section. The preparation and
maintenance of the classification seniority roster shall be the responsibility of the Division of
Public Works, approved by the Union, and is to be part of this agreement.
G. In cases of promotions and transfers, Department Seniority shall be the type
considered. Where Department Seniority of two qualified candidates is identical, Division
Seniority shall be the type considered.
H, Layoffs will be made on the basis of job classification with the employee having
the least Division Seniority being the first identified for layoff. Laid off employees will have the
option of bumping by seniority if they are minimally qualified for that position and hold any
required certifications, permits or licenses associated with that position. An employee so bumped
shall have the same rights.
The division shall not increase beyond the 2009 season level the number of summer and
temporary positions, exclusive of summer pool instructors and lifeguards, during the term of this
contract following any attrition in the number of members employed in bargaining unit positions.
The board of public works acknowledges the union has job security concerns and that this
language shall not be interpreted in such a way as to replace regular employees with summer
help.
The City agrees to maintain at least 110 AFSCME positions through the term of this
contract, ending on June 30, 2014.
I. The names of employees laid off from the bargaining unit will be maintained on a
recall list for three (3) years from the date of such layoff and such employees will be offered
their job classifications in the event of a recall. If a laid off employee is notified by telephone or
by letter sent certified mail to the employee’s last known address on the records of the Division
to report to work, the employee must notify the Division within five (5) days of the employee’s
intention to comply or accept and must report to work within two (2) weeks of such notification
or the employee shall cease to have any rights based on seniority and shall be terminated.
Recalled employees who return to work will be credited with prior length of service provided
such employee has not withdrawn his or her contributions from the Employee Retirement Plan to
which he/she belonged.
J. In the event that an employee transfers to the Public Works Division from any
other City Division/Department, said employee will be assigned a Division Seniority date and a
Department Seniority date which shall be the same as the date of such transfer.
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