17.1 Employees shall lose their seniority and their employment shall be terminated for the following reasons:
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1. Discharge
if not reversed. |
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2. Resignation.
An employee who voluntarily submits a resignation either orally or in writing
shall have the right to withdraw said resignation for up to twenty-four (24)
hours from submission. If submission
occurs on a day preceding a weekend or holiday or the employee's regular day
off, the employee shall have to the close of the employee's next regular
working day to withdraw said resignation. |
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3. Abandonment
of position. An employee absent for a
period of three (3) workdays without notification of valid reason to the City
and who has no legitimate reason for not notifying the City of his absence, may
be considered as having resigned. Said
resignation shall only be reviewed, if applicable, by the City Manager or the
Labor Relations Officer. |
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4. Unexcused
failure to return to work when recalled from layoff, as set forth in the recall
procedure. |
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5. Unexcused
failure to return to work after expiration of a formal leave of absence. |
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6. Retirement. |
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7. Layoff
for a continuous period of eighteen (18) months. |
17.2 Permanent employees subject to layoff shall be demoted or
transferred to those classes in which the employee held previous status,
consistent with Civil Service Rules and Regulations, not withstanding Article 24,
Section 24.1, Wages.
If the employee has
ten (10) years of full-time consecutive classified service with the City and
has never held permanent status in another position, the employee may be
demoted or transferred by management in accordance with his seniority to
another position in the bargaining unit that is as close to the employee's
present class and wage level as possible and which he is able to perform and
qualified to fill. The employee must
make a written request for such demotion or transfer within three (3) working
days after notification of layoff. Such
request shall be made to the Director of Human Resources. Management shall have the right to determine
such person's ability and qualifications to fill a position without recourse
through the grievance procedure or any other appeals procedure with exception
of the following.
Should the individual
transferred or demoted feel that the position determined by Management is not
the one closest to their previous salary level for which they are qualified,
the employee may appeal within three (3) working days of notice of the new
assignment only to a two (2) person committee made up of the Labor Relations
Officer and the Union President. The Labor Relations Officer and the Union
President shall convene a meeting with the Federal Mediation and Conciliation
Service Commissioner who shall review the placement and render an advisory
decision to the parties.
Employees transferred
or demoted under this Section shall replace the least senior employee in the
position which he occupies. If the employee's regular position subsequently
becomes available, consistent with Civil Service Rules and Regulations, he
shall be promoted and transferred back to his regular position.
It is understood by the Union and the City that nothing in Section 17.2 guarantees the employee a job nor is the City obligated to create a job, but the City will make a good faith effort to place the individual demoted or laid off consistent with the language of Section 17.2.