21.1 Reason for Layoff

Layoff shall be for reasons in compliance with the Education Code.

21.2 Layoff Procedure

21.2.1 Seniority

Order of layoff shall be determined by seniority, with the least senior employee being laid off first. Effective upon ratification by the Board of this contract, seniority will be determined by date of hire. Date of hire shall mean the first date of paid service as a classified unit member. The hire date shall not be interpreted to mean any service performed prior to entering into probationary status in the classified service of the District.

21.2.2 Notice of Layoff

Any layoffs shall take place upon thirty (30) calendar days written notice. Any notice of layoff shall specify the reason for layoff and identify by name and classification the unit member designated for layoff.

21.2.3 Order of Layoff

Any layoff shall be effected within a class.

21.2.4 Bumping Rights

A unit member laid off from his/her present class may bump into the next lower class in which the unit member has previously worked and in which the unit member has sufficient seniority over others in the class to avoid layoff. The unit member may continue to bump into lower classes in which s/he has previously worked to avoid layoff. Should the unit member elect to bump into a lower class, his/her actual assignment, including work site, shall be determined by the District.

21.2.4.1 A unit member laid off from his/her present class may bump into a lateral or the next lower class in which the unit member has previously worked and in which the unit member has sufficient seniority over others in the class to avoid layoff under the following conditions:

21.2.4.1.1 The unit member shall not have the right to exercise bumping rights to any position in any classification with a longer monthly work year or more hours per day. For example, a more senior ten (10) month, eight (8) hour per day unit member could not displace a less senior unit member occupying a twelve (12) month, six (6) hour per day position. Likewise, a twelve (12) month, six (6) hour person could not displace a less senior person in a ten (10) month, eight (8) hour position.

21.2.4.1.2 A unit member shall have the right to exercise bumping rights to any position in any classification with a lesser monthly work year and the equivalent or lower number of hours per work day.

21.2.4.2 The unit member may continue to bump into lower classes in which s/he has previously worked to avoid layoff. Should the unit 59

member elect to bump into a lower class, his/her actual assignment, including work site, shall be determined by the District.

21.2.5 Equal Seniority

If two (2) or more unit members subject to layoff have equal class seniority, the employee with less District seniority shall be laid off. If District seniority is also equal, then the layoff determination shall be made by lot.

21.3 Reemployment Rights

Laid-off persons are eligible for reemployment in the class from which laid off for a thirty-nine (39) month period and shall be reemployed in the reverse order of layoff and in preference to new applicants.

21.4 Voluntary Demotion or Voluntary Reduction in Hours

Unit members who take voluntary reductions in assigned time in lieu of layoff shall, in addition to the thirty-nine (39) months, be granted an additional twenty-four (24) months of reemployment rights.

21.5 Reemployment Procedures

21.5.1 Notification of Reemployment

A unit member who is laid off and is subsequently eligible for reemployment shall be notified in writing by the District.

21.5.2 Unit Member Notification to the District

A unit member shall notify the District of his/her intent to accept or refuse employment within ten (10) working days following receipt of the reemployment notice.

21.5.3 Acceptance of Offer

If the unit member accepts an offer of employment in the class from which the unit member was laid off, the District's obligation under this Section will have been satisfied and discharged.

21.5.4 Declination of Offer

The laid-off unit member may decline three (3) such offers of employment before relinquishing his/her position on the list.

21.5.4.1 If a unit member on a reemployment list refuses the third offer of employment, no additional offers will be made and the unit member shall be considered unavailable for work.

21.6 Reemployment in Lower Class

Unit members who accept a position lower than their highest former class shall retain their original thirty-nine (39) month rights to the higher position.