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contract between the city of cleveland local 100, afscme ohio council ...

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57. In <strong>the</strong> event a job opening occurs in an equal or lower-rated job classification, <strong>the</strong> most<br />

senior employee will be given <strong>the</strong> option <strong>of</strong> accepting <strong>the</strong> job or not, provided <strong>the</strong> employee has<br />

<strong>the</strong> ability and qualifications to perform <strong>the</strong> work. If <strong>the</strong> employee declines <strong>the</strong> job, <strong>the</strong> next<br />

most senior employee shall be accorded <strong>the</strong> same rights under <strong>the</strong> same conditions, and this<br />

procedure shall continue until <strong>the</strong> City has exhausted <strong>the</strong> lay<strong>of</strong>f list or <strong>the</strong> job opening is filled.<br />

No new bargaining unit employees shall be hired until all qualified employees on lay<strong>of</strong>f status<br />

desiring to return to work have been <strong>of</strong>fered recall by regular mail to <strong>the</strong>ir last known address,<br />

with a copy to <strong>the</strong> Union. The recall notice shall include a form for <strong>the</strong> employee to accept or<br />

decline <strong>the</strong> recall.<br />

58. In <strong>the</strong> event a laid-<strong>of</strong>f employee accepts recall to a job classification o<strong>the</strong>r than <strong>the</strong> job<br />

classification from which he/she was laid <strong>of</strong>f, he/she shall be paid his/her rate at <strong>the</strong> time <strong>of</strong><br />

lay<strong>of</strong>f or <strong>the</strong> rate <strong>of</strong> <strong>the</strong> lowest paid employee in <strong>the</strong> classification to which he/she is recalled,<br />

whichever is less, if <strong>the</strong> job is on <strong>the</strong> wage and salary schedule. If <strong>the</strong> job classification is not on<br />

<strong>the</strong> wage and salary schedule, <strong>the</strong> employee shall be paid at a rate which is not lower than <strong>the</strong><br />

lowest rate being paid to any o<strong>the</strong>r employee in <strong>the</strong> same job classification.<br />

59. Fur<strong>the</strong>r, he shall have <strong>the</strong> right to any vacancy in <strong>the</strong> job classification within <strong>the</strong> division<br />

from which he was laid <strong>of</strong>f for a period <strong>of</strong> two (2) years from <strong>the</strong> date <strong>of</strong> <strong>the</strong> initial lay<strong>of</strong>f.<br />

60. An employee who is recalled to <strong>the</strong> same position from which he was laid <strong>of</strong>f but refuses<br />

<strong>the</strong> job, shall be removed from <strong>the</strong> lay<strong>of</strong>f list and forfeits all seniority rights, including recall<br />

rights.<br />

LEAVES OF ABSENCE<br />

Immediate Family<br />

61. Immediate family shall be defined as an employee's mo<strong>the</strong>r, fa<strong>the</strong>r, a person who has<br />

been in loco parentis to <strong>the</strong> employee, spouse, child, bro<strong>the</strong>r, sister, grandparent, grandchildren,<br />

mo<strong>the</strong>r-in-law, or fa<strong>the</strong>r-in-law.<br />

Funeral Leave<br />

62. An employee will be granted a leave <strong>of</strong> absence with pay, to be charged against his<br />

accumulated sick leave with pay in <strong>the</strong> event <strong>of</strong> <strong>the</strong> death <strong>of</strong> a member <strong>of</strong> his immediate family<br />

as follows:<br />

[a]<br />

[b]<br />

If<strong>the</strong> funeral is within <strong>the</strong> State <strong>of</strong> Ohio- five (5) working days;<br />

If <strong>the</strong> funeral is outside <strong>the</strong> State <strong>of</strong> Ohio - seven (7) working days; and<br />

[ c] To be eligible for funeral leave, an employee must provide <strong>the</strong> City with a funeral<br />

fonn (to be supplied by <strong>the</strong> City) and must attend <strong>the</strong> funeral and/or o<strong>the</strong>r<br />

obligations related to <strong>the</strong> death and/or estate. etc.<br />

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