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25F - MOU - SEIU
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1/3/2012 3:59:50 PM
Creation date
9/15/2010 5:44:15 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
9/20/2010
Destruction Year
2015
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<br /> <br /> <br /> <br /> <br /> ARTICLE XXII <br /> <br /> 22.0 LAYOFFS <br /> <br /> 22.1 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 Agreement is to be <br /> laid off, receive a reduction in hours worked, or receive a loss in pay due to said <br /> contracting out, the City shall provide the Union reasonable notice of the decision to <br /> contract out, will meet with the Union upon the Union's request over the impact of the <br /> decision to contract out and will consider reasonable alternatives provided by the Union. <br /> <br /> 22.2 If the City determines to contemporaneously replace employees covered by this <br /> Agreement with contract workers to perform the same work under similar circumstances, <br /> it will expeditiously notify the Union of its intentions. Upon request by the Union the <br /> City will schedule meetings with the Union leadership to discuss this objective and give <br /> the Union the opportunity to present information before any final decision. The City and <br /> Union leadership agree to commence meeting when practicable for a period not to exceed <br /> forty-five days, unless mutually agreed to meet longer. At the end of the agreed upon <br /> time and if the parties have not achieved satisfactory resolution, the issues will be <br /> resolved according to the City's Employer-Employee Relations Resolution (Resolution <br /> No. 81-75). <br /> <br /> 22.3 Notwithstanding Section 22.1 and /or Section 22.2 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 /> <br /> 22.4 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 Agreement. However, <br /> circumstances arising during this Agreement may require such separation(s). In that <br /> event, the City will provide reasonable notice to the Union of the details of the <br /> separation(s) in order to meet and exchange information, opinions and proposals <br /> regarding the consequence(s) of the separation(s) on the employee(s). This provision in <br /> not intended to be a waiver of any other rights the parties may have under this <br /> Agreement. <br /> <br /> 22.5 The principles of seniority (length of service) shall govern layoffs as described herein, <br /> except in the event that more than one employee has the same seniority date, in which <br /> case performance also shall be considered. The City's determination of performance <br /> shall not be arbitrary or capricious in nature. Any dispute over the application of the <br /> principles outlined in this Article XXII shall be subject to the grievance procedure. <br /> <br /> A. Classification seniority is defined as length of service in the classification, and <br /> shall begin on the first date worked by the employee in that classification. <br /> Whenever a position within a classification is to be eliminated, resulting in the <br /> <br /> <br /> <br /> 73 <br /> 25F-75 <br />
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