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ARTICLE XXII <br />22.0 LAYOFFS <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 MOU is to be laid <br />off, receive a reduction in hours worked, or receive a loss in pay due to said contracting <br />out, the City shall provide the Union reasonable notice of the decision to contract out, <br />will meet with the Union upon the Union's request over the impact of the decision to <br />contract out and will consider reasonable alternatives provided by the Union. <br />22,2 If the City determines to replace employees covered by this MOU with contract workers <br />to perform the same work Linder similar circumstances, it will expeditiously notify the <br />Union of its intentions. Upon request by the Union the City will schedule meetings with <br />the Union leadership to discuss this objective and give the Union the opportunity to <br />present information before any final decision. The City and Union leadership agree to <br />commence meeting with each other 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 time and if <br />the parties have not achieved satisfactory resolution, the issues will be resolved according <br />to the City's Employer - Employee Relations Resolution (Resolution No. 81 -75). <br />22.3 Notwithstanding Section 22.1 and /or Section 22.2, if any bargaining unit member is laid <br />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 employees) to become employed by the company <br />or entity with which the City contracted for the applicable services. <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 workforce during the term of this MOU. However, circumstances arising <br />during this MOU may require such separation(s). ha that event, the City will provide <br />reasonable notice to the Union of the details of the separation(s) in order to meet and <br />exchange information, opinions and proposals regarding the consequence(s) of the <br />separation(s) on the employee(s). This provision in not intended to be a waiver of any <br />other rights the parties may have under this MOU. <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 detennination of performance <br />shall not be arbitrary or capricious in nature. Any dispute over the application of the <br />principles outlined in Article XXII — Layoffs shall be subject to the grievance procedure. <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 />layoff of an employee, seniority shall govern the order of layoff. The employee <br />with the lowest seniority in the affected classification shall be laid off first. <br />72 <br />25A -76 <br />