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25N - AGMT - MOU CASA
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25N - AGMT - MOU CASA
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Last modified
8/4/2014 8:56:15 AM
Creation date
7/31/2014 4:48:42 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Personnel Services
Item #
25N
Date
8/5/2014
Destruction Year
2019
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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 <br />because of a reduction in the work force or workweek during the term of this <br />Agreement. However, circumstances arising during this Agreement may <br />require such separation(s). In that event, the City shall notify CASA in writing <br />of the layoff at least 30 days prior to the occurrence of the layoff of the <br />employee and, if requested by CASA, schedule a meeting to discuss the <br />same. Only the written notice is required to occur 30 days before the <br />proposed layoff. This provision in not intended to be a waiver of any other <br />rights the parties may have under this Agreement. <br />20.2 If it is decided to contract out work currently being performed by employees <br />of this bargaining unit and it is projected that no employee covered by this <br />Agreement is to be laid off, receive a reduction in hours worked, or receive a <br />loss in pay due to said contracting out, the City shall provide CASA <br />reasonable notice of the decision to contract out, shall meet with CASA <br />upon CASA's request over the impact of the decision to contract out and <br />shall consider reasonable alternatives provided by CASA. <br />20.3 If the City determines to contemporaneously replace employees covered by <br />this Agreement with contract workers to perform the same work under similar <br />circumstances, it shall expeditiously notify CASA of its intentions. Upon <br />request by CASA the City shall schedule meetings with CASA leadership to <br />discuss this objective and give CASA the opportunity to present information <br />before any final decision. The City and Association leadership agree to <br />commence meeting when practicable for a period not to exceed forty -five <br />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 <br />shall be resolved according to the City's Employer - Employee Relations <br />Resolution (Resolution No. 81 -75 — Exhibit C of this MOU). <br />20.4 Notwithstanding Section 20.2 and /or Section 20.3 hereof, if any bargaining <br />unit member is laid off as a result of a decision by the City to contract out <br />work, the City shall make a reasonable effort to cause the affected <br />employee(s) to become employed by the company or entitywith which the <br />City contracted for the applicable services. <br />20.5 The principles of seniority (length of service) shall govern layoffs as described <br />herein, except in the event that more than one employee has the same <br />seniority date, in which case performance also shall be considered. The <br />City's determination of performance shall not be arbitrary or capricious in <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 299—'84 15 Page 62 <br />
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