2019 - 2023 Local 39 Memorandum of Understanding: Article 19: Layoff and Restoration

International Union of Operating Engineers, Stationary Engineers - Local 39

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19.1 Layoff and Restoration – Water Agency

Applicability
The parties agree that the following layoff policy and procedures shall be applicable to employees of Sonoma County Water Agency who are covered by this Memorandum.
Force Reduction
Employees shall be subject to layoff whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds.
Order of Layoff
1. Layoff procedures shall be applied on a Water Agency-wide basis. Where appropriate, after meeting and conferring with the Union, the Agency may authorize that layoff procedures be restricted to employees of one (1) or more divisions or small units of the Agency.
2. Whenever necessary to layoff one (1) or more employees in the Agency, in a division or unit in which there is more than one (1) employee in the class in which the layoff is necessary, employees shall be laid off in the following order:
  1. Extra Help and Provisional employees.
  2. Employees who have had their first merit increase extended or denied because of poor job performance.
  3. Full-time and part-time employees who have less than 1,040 hours of continuous County and Agency service.
  4. Part-time and full-time employees with more than 1,040 hours of continuous County and Agency service.
3. Continuous County and Agency service in the class in which the layoff occurs or in any other class having the same or higher salary allocation shall be counted as service in the affected class. Employees with less total continuous County and Agency service in the affected class shall be laid off before those with greater total continuous County and Agency service in the affected class. Continuous part-time service shall be prorated on an hour-for-hour basis in its relationship to full-time work.
4. For purposes of this Section 19.1, continuous service means continuous employment by the County or Water Agency, in paid or unpaid status.
Displacement
1. A full-time or part-time employee who is laid off and who has greater total continuous County and Agency service than another employee in the Agency in another class with the same or lower salary allocation, and which class the employee previously occupied in good standing and for which the employee is qualified for certification, transfer or voluntary demotion, may elect to displace the junior employee in the Agency in the class in accordance with the rules on the order of layoff (Section 19.1(c)). An employee who is displaced shall be laid off and replaced by the employee who displaces him/her.
2. An employee who is displaced because of layoff may in the same manner displace an employee who is junior to him/her.
3. Should an employee have the right to displace in more than one class, the employee shall first displace in the class with the highest allocated salary.
Restoration
1. Each person other than extra-help or provisional who has been laid off or displaced from, or who has in lieu of layoff been demoted voluntarily from a position which the employee occupied in good standing shall, in writing by certified mail, be offered restoration to a vacant position in the classification from which the employee was laid off, which the County determines to fill within two (2) years after the date the employee is laid off or displaced. The Agency shall make a reasonable attempt to notify an employee who is eligible for restoration. If an employee cannot be reached within thirty (30) calendar days, the right to restoration shall be forfeited. Should an employee not accept restoration within five (5) regular Agency business days after the receipt of the offer or should the employee decline to begin work within fifteen (15) regular Agency business days after the receipt of the offer, the employee shall be declared unavailable and shall forfeit the right to restoration unless further offer of restoration is granted by the General Manager.
2. Whenever more than one person has been laid off and/or displaced in the same class in the Agency, the order of restoration shall be in reverse of the order of layoff. An employee who has restoration rights in more than one class because of layoff or displacement in more than one class, shall have restoration rights in each of the classes from which the employee was laid off or displaced. Refusal to accept restoration in one class does not eliminate the right to restoration in the other class or classes.
3. Whenever a person is unavailable for restoration, the next senior person who is eligible for restoration shall be offered restoration in the same manner and under the same conditions. Should there be no person eligible and available for restoration, the position shall be filled by the Agency.
4. A person who has forfeited for restoration may, within ten (10) regular Agency business days after forfeiture, request in writing to the General Manager that the employee be considered for a further offer of restoration, should such occur within one (1) year after layoff or displacement. The employee's request shall contain a full explanation of the reason for the employee's unavailability. Within thirty (30) calendar days after the request is filed the General Manager shall either grant or deny the request. The General Manager may specify conditions under which the further offer of restoration may be granted.
Appeals
1. The Board of Directors of the Sonoma County Water Agency shall act as a separate and final hearing body for layoff appeals for all full-time and part-time employees. Extra Help employees have no appeal rights.
2. Implementation of a layoff decision may be appealed by an employee laid off; however, the decision to layoff may not be appealed.
3. Any formal written notice to a part-time or full-time employee stating that the employee is subject to layoff or layoff resulting from displacement may be appealed as follows:
  1. Within ten (10) regular Agency business days from the receipt of the notice, an employee may, within the provision of Section 19.1(F)(2), appeal the action to the General Manager.
  2. Within five (5) regular Agency business days after receiving the appeal, the General Manager shall give a written decision to the employee.
  3. If the employee is not satisfied with the decision in (f)(3)(b) above, the employee may, within five (5) regular Agency business days after receiving the decision, appeal the decision to the Agency's Board of Directors.
  4. The Agency's Board of Directors shall review an appeal resulting from Section 19.1(f)(3) above, within twenty-one (21) days. This review and appeal procedure which applies to layoff and displacement action in no way supersedes restoration appeal procedures set forth under Section 19.1(e).
  5. This Article is not grievable nor arbitrable.

19.2 Layoff and Restoration - Sonoma County Fair and Exposition, Inc. (SCF&E Inc.)

Applicability
The parties agree that the following layoff policy and procedures shall be applicable to employees of Sonoma County Fair and Exposition, Inc. (hereinafter referred to as Fair) who are covered by this Memorandum.
Force Reduction
Employees shall be subject to layoff whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds.
Order of Layoff
1. Layoff procedures shall be applied on a Fairgrounds-wide basis. Where appropriate, after meeting and conferring with the Union, the Fair may authorize that layoff procedures be restricted to employees of one or more divisions or small units of the Fair.
2. Whenever necessary to layoff one (1) or more employees in positions allocated by the Board of Supervisors at the Fair, in a division or unit in which there is more than one (1) employee in the class in which the layoff is necessary, employees shall be laid off in the following order:
  1. Extra Help and Provisional employees.
  2. Employees who have had their first merit increase extended or denied because of poor job performance.
  3. Full-time and part-time employees who have less than 1,040 hours of continuous County and Fair service.
  4. Part-time and full-time employees with more than 1,040 hours of continuous County and Fair service.
3. Continuous County and Fair service in the class in which the layoff occurs or in any other class having the same or higher salary allocation shall be counted as service in the affected class. Employees with less total continuous County and Fair service in the affected class shall be laid off before those with greater total continuous County and Fair service in the affected class. Continuous part-time service shall be prorated on an hour-for-hour basis in its relationship to full-time work.
4. For purposes of this Section 19.2, continuous service means continuous employment by the County or Sonoma County Fair and Exposition, Inc., in paid or unpaid status.
Displacement
1. A full-time or part-time employee who is laid off and who has greater total continuous County and Fair service than another employee of the Fair in another class with the same or lower salary allocation, may elect to displace the junior employee of Fair in the class in accordance with the rules on the order of layoff (Section 19.2(c)) if the employee previously occupied a position in the class in good standing and if the employee is qualified for transfer or voluntary demotion to the class. An employee who is displaced shall be laid off and replaced by the employee who displaces him/her.
2. An employee who is displaced because of layoff may in the same manner displace an employee who is junior to him/her.
3. Should an employee have the right to displace in more than one class, the employee shall first displace in the class with the highest allocated salary.
Restoration
1. Each person other than Extra Help or provisional who has been laid off or displaced from or who has in lieu of layoff been demoted voluntarily from a position which the employee occupied in good standing shall, in writing by certified mail, be offered restoration to a vacant position in the classification from which the employee was laid off, which Fair determines to fill within two (2) years after the date the employee is laid off or displaced. The Fair shall make a reasonable attempt to notify an employee who is eligible for restoration. If an employee cannot be reached within thirty (30) calendar days, the right to restoration shall be forfeited. Should an employee not accept restoration within seven (7) days after the receipt of the offer or should the employee decline to begin work within twenty-one (21) days after the receipt of the offer, the employee shall be declared unavailable and shall forfeit the right to restoration unless further offer of restoration is granted by the Fair Manager.
2. Whenever more than one person has been laid off and/or displaced in the same class at Fair, the order of restoration shall be in reverse of the order of layoff. An employee who has restoration rights in more than one class because of layoff or displacement in more than one class, shall have restoration rights in each of the classes from which the employee was laid off or displaced. Refusal to accept restoration in one class does not eliminate the right to restoration in the other class or classes.
3. Whenever a person is unavailable for restoration, the next senior person who is eligible for restoration shall be offered restoration in the same manner and under the same conditions. Should there be no person eligible and available for restoration, the position shall be filled by Fair.
4. A person who has forfeited for restoration may, within ten (10) days after forfeiture, request in writing to the Fair Manager that the employee be considered for a further offer of restoration, should such occur within one (1) year after layoff or displacement. The employee's request shall contain a full explanation of the reason for the employee's unavailability. Within thirty (30) days after the request is filed the Fair Manager shall either grant or deny the request. The Fair Manager may specify conditions under which the further offer of restoration may be granted.
Appeals
1. The Sonoma County Fair Board shall act as a separate and final hearing body for layoff appeals for all full-time and part-time employees. Extra Help employees have no appeal rights. The Fair Board will hear any such appeal(s) unless and until Fair amends its by-laws to give to the Personnel Committee of the Fair Board the authority to hear such appeals. Any such by-laws amendment would not be subject to meet and confer.
2. Implementation of a layoff decision may be appealed by an employee laid off; however, the decision to layoff may not be appealed.
3. Any formal written notice to a part-time or full-time employee stating that the employee is subject to layoff or layoff resulting from displacement may be appealed as follows:
  This review and appeal procedure which applies to layoff and displacement action in no way supersedes restoration appeal procedures set forth under Section 19.2(e).
  1. Within fourteen (14) days from the receipt of the notice, an employee may, within the provision of Section 19.2(f)(2), appeal the action to the Fair Manager.
  2. Within seven (7) days after receiving the appeal, the Fair Manager shall give a written decision to the employee.
  3. If the employee is not satisfied with the decision in (f)(3)(b) above, the employee may, within seven (7) days after receiving the decision, appeal the decision to the Fair Board.
  4. The Fair Board shall review an appeal resulting from Section 19.2(f)(3) above, within twenty-one (21) days.
  5. This review and appeal procedure which applies to layoff and displacement action in no way supersedes restoration appeal procedures set forth under Section 19.1(e).
This Article is not grievable nor arbitrable.