CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) (2010-2014)

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ARTICLE XX 20.0 LAYOFFS 20.1 It is the hope of the City not to separate any employee(s) from employment because of a reduction in the work force or work week during the term of this Agreement. However, circumstances arising during this Agreement may require such separation(s). In that event, the City shall provide reasonable notice to CASA of the details of the separation(s) in order to meet and exchange information, opinions and proposals regarding the consequence(s) of the separation (s) on the employee(s). This provision in not intended to be a waiver of any other rights the parties may have under this Agreement. 20.2 If it is decided to contract out work currently being performed by employees of this bargaining unit and it is projected that no employee covered by this Agreement is to be laid off, receive a reduction in hours worked, or receive a loss in pay due to said contracting out, the City shall provide CASA reasonable notice of the decision to contract out, shall meet with CASA upon CASA's request over the impact of the decision to contract out and shall consider reasonable alternatives provided by CASA. 20.3 If the City determines to contemporaneously replace employees covered by this Agreement with contract workers to perform the same work under similar circumstances, it shall expeditiously notify CASA of its intentions. Upon request by CASA the City shall schedule meetings with CASA leadership to discuss this objective and give CASA the opportunity to present information before any final decision. The City and Association leadership agree to commence meeting when practicable for a period not to exceed forty-five days, unless mutually agreed to meet longer. At the end of the agreed upon time and if the parties have not achieved satisfactory resolution, the issues shall be resolved according to the City's Employer-Employee Relations Resolution (Resolution No. 81-75 - Exhibit C of this MOU). 20.4 Notwithstanding Section 20.2 and/or Section 20.3 hereof, if any bargaining unit member is laid off as a result of a decision by the City to contract out work, the City shall make a reasonable effort to cause the affected employee(s) to become employed by the company or entity with which the City contracted for the applicable services. 20.5 The principles of seniority (length of service) shall govern layoffs as described herein, except in the event that more than one employee has the same seniority date, in which case performance also shall be considered. The City's determination of performance shall not be arbitrary or capricious in CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 63