AFSCME: 14.3 Precedence by Employment Status

No permanent employee shall be laid off while employees working in extra-help, seasonal, temporary, provisional, or probationary status are retained in the same classification unless that employee has been offered the extra-help, seasonal, temporary, or provisional appointment. The order of layoff among employees not having permanent status shall be according to the following categories:

  • Extra-Help or Seasonal
  • Temporary
  • Provisional
  • Probationary – among probationary employees in a given classification, order of layoff shall be according to reverse order of seniority as determined by total continuous County civil service, not continuous time in that probationary period. Employees in flexibly-staffed positions serving a second probationary period (at a higher level classification in the series) shall not be considered probationary for layoff purposes.

Seniority

Layoffs shall be by job classification according to reverse order of seniority as determined by total continuous County civil service, except as specified above. For employees within the Court, all Court service time counts in determining seniority within the Court. If an employee transfers or otherwise moves from the Court to a County position, or if an employee transfers or otherwise moves from a County position to the Court, only the employee’s time in the Classified service counts in determining seniority for purposes of layoff. Subject to Court participation, the County and Union agree to reopen this language within the first six (6) months following the effective date of this agreement.

The following provisions shall apply in computing total continuous service:

  • Time spent on military leave, leave to accept temporary employment outside the County government and leave to accept a position in the unclassified service shall count as County service.
  • Periods of time during which an employee is required to be absent from his/her position by reason of an injury or disease for which he/she is entitled to and currently receiving Workers’ Compensation benefits shall be included in computing length of service for the purpose of determining that employee’s seniority rights.
  • Time worked in an extra-help or seasonal status shall not count as County service.
  • Time worked in a permanent, probationary, provisional, or temporary status shall count as County service. Part-time status shall count at the rate of one (1) year of continuous employment for each 2080 straight-time hours worked.

If two (2) or more employees have the same seniority, the examination scores for their present classification shall determine seniority.