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CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) (2022-2025)
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CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) (2022-2025)
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Last modified
10/12/2023 2:30:30 PM
Creation date
8/3/2023 4:11:44 PM
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Contracts
Company Name
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA)
Contract #
A-2023-132
Agency
Human Resources
Council Approval Date
7/18/2023
Expiration Date
6/30/2025
Destruction Year
2030
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ARTICLE XX <br />20.0 LAYOFFS <br />20.1 It is the hope of the City not to separate any employee(s) from employment because of a <br />reduction in the work force or work week during the term of this MOU. However, <br />circumstances arising during this MOU may require such separation(s). In that event, the <br />City shall notify CASA in writing of the layoff at least thirty (30) days prior to the <br />occurrence of the layoff of the employee and, if requested by CASA, schedule a meeting <br />to discuss the same. Only the written notice is required to occur thirty (30) days before the <br />proposed layoff. This provision in not intended to be a waiver of any other rights the parties <br />may have under this MOU. <br />20.2 If it is decided to contract out work currently being performed by employees of this <br />bargaining unit and it is projected that no employee covered by this MOU is to be laid off, <br />receive a reduction in hours worked, or receive a loss in pay due to such contracting out, <br />the City shall provide CASA reasonable notice of the decision to contract out, shall meet <br />with CASA upon CASA's request over the impact of the decision to contract out and shall <br />consider reasonable alternatives provided by CASA. <br />20.3 If the City determines to contemporaneously replace employees covered by this MOU with <br />contract workers to perform the same work under similar circumstances, it shall <br />expeditiously notify CASA of its intentions. Upon request by CASA, the City shall <br />schedule meetings with CASA leadership to discuss this objective and give CASA the <br />opportunity to present information before any final decision. The City and Association <br />leadership agree to commence meeting when practicable for a period not to exceed forty- <br />five (45) days, unless mutually agreed to meet longer. At the end of the agreed upon time <br />and if the parties have not achieved satisfactory resolution, the issues shall be resolved <br />according to the City's Employer -Employee Relations Resolution.. <br />20.4 Notwithstanding Section 20.2 and/or Section 20.3 hereof, if any bargaining unit member <br />is laid off as a result of a decision by the City to contract out work, the City shall make a <br />reasonable effort to cause the affected employee(s) to become employed by the company <br />or entity with which the City contracted for the applicable services. <br />20.5 The principles of seniority (length of service) shall govern layoffs as described herein, <br />except in the event that more than one (1) employee has the same seniority date, in which <br />case performance also shall be considered. The City's determination of performance shall <br />not be arbitrary or capricious in nature. Any dispute over the application of the principles <br />outlined in this Article shall be subject to the grievance procedure. <br />A. Classification seniority is defined as length of service in the classification, and shall <br />begin on the first date worked by the employee in that classification. Whenever a <br />position within a classification is to be eliminated, resulting in the layoff of an <br />employee, seniority shall govern the order of layoff. The employee with the lowest <br />seniority in the affected classification shall be laid off first. <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1, 2022 THROUGH JUNE 30, 2025 <br />Page 63 <br />
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