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Section 1.
The Union recognizes the Library's sole right, pursuant to Article III of this Agreement, to determine the necessity for layoffs. When, for economic reasons or because of a transfer of functions, the Library determines that it must make layoffs of employees, the provisions of this Article shall apply.
Section 2.
The Union shall be given thirty (30) days notice of proposed layoffs of employees. Following the giving of such notices, the Union and the Library shall confer with respect to the proposed layoffs. The thirtyday notice provided by this section shall be waived if the Library is not informed by the City more than thirty (30) days in advance of reductions or modifications in budget allocations which necessitate layoffs earlier than thirty (30) days thereafter. In such event, the Union shall immediately be notified of impending layoffs and a meeting between the Library and the Union shall thereafter be held.
Section 3.
(A) Layoffs among incumbents holding the same or similar position shall be made in inverse order of original appointment to the Library in a paid, full-time position. Incumbents holding the same or similar positions who have not completed their probationary and/or training period shall be terminated or demoted before incumbents who have satisfactorily completed said period. For the purposes of this article only, Librarians in the phase training period shall be deemed to have completed their probationary period after 6 months of service. Except as hereinafter provided, no provision of this Article shall apply to the title of Librarian Trainee.
(B) The computation of seniority of permanent employees, for layoff purposes only, shall include continuous employment, immediately before appointment to such permanent position, in any part-time per annum position previously held at the Queens Borough Public Library, on a pro-rata basis to full-time equivalent service. The computation of seniority, for layoff purposes only, of any person employed in the title of Librarian or higher title in that line of promotion and who, immediately prior to such appointment and prior to November 19, 1979, served as a Librarian Trainee in the Queens Borough Public Library, shall include such employment on a pro-rata basis to full-time equivalent service. The full-time equivalent service, for computation of seniority for layoff purposes only, of Librarian Trainee service in Queens Borough Public Library, of persons employed as Librarian Trainees on and after November 19, 1979, shall be limited to thirty six (36) months.
Section 4.
The original appointment of an incumbent shall mean the date of first hire, followed by continuous service up to the time when layoffs are taking place. An employee who has resigned and who has been reappointed within four (4) years thereafter, shall, for the purposes of this Section, be deemed to have continuous service, except that a period of time during which an employee was not on active payroll service shall not be counted in the computation of said service. However, a period of leave without pay pursuant to law, this Agreement, or the rules covering Library employees, or any period during which an employee is terminated pursuant to this Article (and subsequently reappointed) shall not constitute an interruption of continuous service for purposes of this Section. Except as specifically provided in this Article, continuous service for the New York Public Library or the Brooklyn Public Library shall be deemed service with the Queens Borough Public Library for purposes of this Article.
Section 5.
An incumbent of a position in a specific title to which there is a direct line of promotion, as set forth below, who is to be laid off pursuant to this Article, shall displace in inverse order of original appointment to the Library on a full-time, paid basis, incumbents serving in positions in the next lower occupied title in direct line of promotion, who shall be displaced in similar order; providing, however, that no incumbent shall displace any other incumbent having greater retention standing. The lines of promotion are as follows:
Unit 1
Principal Librarian
Supervising Librarian
Senior Librarian
Librarian
Unit 2
Senior Library Custodian
Library Custodian
Assistant Library Custodian
Junior Library Custodian
Custodial Assistant
Library Maintainer
Assistant Library Maintainer
Office Associate
Office Aide
Senior Illustrator
Illustrator
Storekeeper
Stockman
Assistant Stockman
Section 6.
If an incumbent is to be laid off from a position in a title for which there are no lower level occupied positions in direct line of promotion as set forth above, he/she shall displace the incumbent with the least retention right who is serving in a title in which the displacing incumbent last served on a full-time, paid basis prior to his/her present service, if (1) his/her service in the former title was satisfactory, and (2) the position of the junior incumbent is in a lower salary grade; provided, however, that no incumbent shall displace any other incumbent having greater retention standing. These provisions shall also apply to a Librarian Trainee who, prior to such appointment, served on a full-time basis in a clerical title.
The Employer shall make every effort to employ an incumbent who is to be laid off pursuant to this Article in another position for which the Employer, in its sole determination, deems the employee capable and which it has the authority to fill.
Section 7.
(A) An employee who has been laid off or demoted in accordance with this Article shall have his/her name placed on a "preferred" list, which must be used before any other list and from which appointments must be made in strict list order. The preferred list shall contain the employee's name, title, date of appointment, and reason for termination or demotion, and shall last for a maximum of four (4) years. A laidoff employee on a preferred list in a particular title, and who thereafter accepts a position in another title, shall not thereby lose his/her position on the preferred list in the former title.
(B) Where eligible and qualified for such positions, laid off employees on preferred lists shall be given first preference in hiring for specially funded positions. The polling of employees for such positions shall be in list order. The refusal by such employee of any offer of employment in such position shall not affect the employee's position on such preferred list.
Section 8.
(A) Notwithstanding any provision above, blind employees and employees with verified physical handicaps shall have absolute preference in retention regardless of original date of appointment.
(B) Disabled veterans shall be deemed to have been appointed 60 months earlier than their actual date of original appointment. Veterans shall be deemed to have been appointed 30 months earlier than their actual date of original appointment. "Veterans" and "Disabled Veterans" shall be defined as in Section 85 of the Civil Service law of the State of New York. "Physical Handicap" shall be defined according to the New York City Commission on Human Rights survey report, issued September, 1973 pursuant to Mayor's Executive Order No. 49, dated October, 1971.
Section 9.
Where either party to this Agreement believes that a strict application of the procedures outlined in this Article would result in a disproportionate number of minority and/or female workers being laid off, the Library shall have the right, after negotiations with the Union, to apply a variation of these layoff procedures. The parties agree to a speedy resolution of any negotiations pursuant to this section so that the employer may proceed to exercise its management responsibilities in timely fashion.
Section 10.
No employee shall be laid off or have his/her employment terminated as the result of automation unless such employee refuses an alternative assignment. The provisions of this section shall not apply in the event of hiring or other freezes prohibiting alternative assignments or requiring mandatory staff reductions. In the event of such a freeze, however, the Library and the Union shall meet with respect to such layoff or termination.
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