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8.1 Seniority General:
The purpose of this article is to provide a policy of work security for employees measured by length of service with the fire district and to provide means by which job movement of employees will be regulated.
8.2 Definitions:
8.2.1 Hire Date Seniority: Shall be defined as the employees length of full time employment with the fire district.
8.2.2 Classification Seniority: Shall be defined as the original date of entry into a job classification.
8.2.3 Promotion: Shall be defined as a change to a job classification for which the top rate of pay is greater than the top rate of pay of the employees present job classification.
8.2.4 Downgrade: Shall be defined as a change to a job classification for which the top rate of pay is less than the top rate of pay of the employees present job classification.
8.2.5 Transfer: Shall be defined as a movement of an employee from one shift to another and/or one work organization to another without a change of job classification.
8.2.6 Layoff: Shall be defined as a removal from active payroll of the fire district because of reduction in the working force.
8.2.7 Recall Rights: Shall be defined as those rights which an employee has when laid off or downgraded from a job classification.
8.3 Layoffs and downgrades: In administering layoffs and downgrades, seniority shall be applied as follows:
8.3.1 The employee having the least hire date seniority within the affected job classification shall be the first displaced and the last recalled.
8.3.2 An employee who is unable to retain his/her present job classification due to a layoff shall apply his/her hire date seniority to bump a less senior employee within his/her promotional ladder.(note: an employees promotional ladder will be based on all previously held job classifications in descending order.
8.3.3 Employees shall be notified by the fire district, in the event of a layoff, at least fourteen (14) working days prior to the effective date.
8.3.4 Layoff In Lieu of Downgrade: An employee requesting layoff in lieu of downgrade to a lower job classification shall submit a written memo to their supervisor within seven (7) days following notification. An employee who elects to accept layoff in lieu of downgrade shall forfeit recall rights to refused job classification within his/her promotional ladder.
8.4 Recall from Layoff or Downgrade
8.4.1 Recall: Laid-off, downgraded employees due to reduction in force shall be recalled in accordance with their hire date seniority before the fire district declares such openings available for promotion or outside hire.
8.4.2 Recall to Lower Classification: In the event that the employee accepts a job classification at a lower or equal to the job where he/she has recall rights as determined by the promotional ladder, he/she shall not lose recall rights to the higher classified jobs within their promotional ladder.
8.4.3 Forfeiture of Recall Rights: An employee who has been downgraded and refuses recall to any job classification where they have recall rights shall forfeit any and all recall rights to such job classification.
8.4.4 Method of Recall: An employee subject to recall shall be sent a certified or registered letter to the employee's address given at the time of layoff; or the last address provided by the employee after layoff. Upon receipt of the certified or registered letter, the employee must notify the fire district within three (3) working days from the receipt of the letter, whether or not he/she will accept or refuse recall. If he/she fails to reply or refuses to accept the job, their seniority rights are forfeited. If an employee accepts recall, he/she must report to work within fourteen (14) working days from the date of the receipt of the certified or registered letter. If an employee accepts recall to their highest rated job and fails to report within fourteen (14) working days, he/she will forfeit their seniority rights to all job classifications. Any exceptions to the above limitations will be by mutual agreement between the district and the employee.
8.5 Loss of Seniority
8.6 Promotions General: It shall be the policy to afford each employee the opportunity to advance and fill vacancies by promotion when present employees are qualified.8.5.1 Resignation
8.5.2 Discharge for just cause.
8.5.3 Failure to comply, report, or refusal of recall in accordance with this article.
8.5.4 Layoff in excess of twenty-four (24) consecutive months out of the district.
8.5.5 Failure to return from, or comply with the provisions of a authorized leave of absence.
8.5.6 Early retirement.
8.5.7 Leave without pay in excess of 30 days (only to lose actual time accumulated).
8.6.1 An employee promoted shall receive the appropriate rate of pay per district wage policy.
8.6.2 An employee promoted who becomes dissatisfied in the new job within the following forty-five (45) calendar days, may return to their previously held classification without loss of seniority and/or benefits of the previously held position. if the employee is deemed unsatisfactory by the district they shall be returned to their previously held job classification and rate within forty-five (45) calendar days following promotion without loss of seniority and/or benefits. Absence of five(5) or more days during evaluation period shall extend the evaluation period for an equivalent amount of time. If the return of an employee during the forty-five (45) day calendar evaluation results in a need to reduce an employee from the returnee's former position then the employee with the least classification seniority will be reduced in reverse order and return to their previously held job classification
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