§ 5. Recall Procedure for Non-Uniformed Employees (unless superseded by a collective bargaining agreement).

A.

Employees who have been laid off or have, by virtue of exercising their displacement rights, been displaced to a lower classification in their classification series, shall be placed on appropriate layoff lists. Those employees with the most retention points shall be placed at the top of the layoff list to be followed by employees ranked in descending total retention order. Laid-off employees shall be placed on layoff lists for each classification in the classification series equal to or lower than the classification in which the employee was employed at the time of layoff.

B.

An employee who is laid off retains reinstatement rights in the appointing authority from which he was laid off. Reinstatement rights continue for one year (Non Represented), thirty-six months (AFSCME) and forty-eight months (CODE) from the date of layoff. During this one-year period, thirty-six month period or forty-eight month period, in any layoff jurisdiction in which an appointing authority has an employee on a layoff list, the appointing authority shall not hire or promote anyone into a vacancy in that classification until all laid-off persons on a layoff list for that classification are reinstated or decline the position when it is offered.

C.

Each laid off or displaced employee, in addition to reinstatement rights within the employee's appointing authority, shall have the right of service reemployment with other appointing authorities within the layoff jurisdiction but only in the same classification from which the employee was initially laid off or displaced. Layoff lists for each appointing authority must be exhausted before jurisdictional reemployment layoff lists are used.

D.

Any employee accepting or declining reinstatement to the same classification and same appointment type from which the employee was laid off or displaced shall be removed from the appointing authority's layoff list.

E.

Any employee accepting or declining reemployment to the same classification and the same appointment type from which the employee was laid off or displaced shall be removed from the jurisdictional layoff list.

F.

An employee who does not exercise his option to displace under Section 3 of this rule shall only be entitled to reinstatement or reemployment in the classification from which the employee was displaced or laid off.

G.

An employee who declines reinstatement to a classification lower in the classification series than the classification from which the employee was laid off or displaced, shall thereafter only be entitled to reinstatement to a classification higher, up to and including the classification from which the employee was laid off or displaced, in the classification series than the classification that was declined.

H.

Any employee reinstated or reemployed under this section shall not serve a period upon reinstatement or employment except than an employee laid off during an original or promotional probationary period shall begin a new probationary period.