Title 6 - Seniority

6.1 Definition

For purposes of this Memorandum, seniority is defined as a regular employee's continuous length of service with the District since the most recent date of hire or rehire. An employee shall not attain seniority during a probationary period but shall, upon completion of a probationary period, be granted seniority from the date of hire or rehire as a probationary employee.

6.2 Probationary Period

New regular employees will be hired on a trial basis and will be assigned to probationary status for a period of six (6) months. During the probationary period an employee, who is terminated by the District, shall not have recourse to the grievance procedure.

6.3 Job Categories

District jobs are categorized, at the exclusive discretion of the District, as to whether work is expected to be full-time and regular, part-time and regular, full-time and temporary, or part-time and temporary. Category definitions are as follows:

1. Full-time Regular
   1. A job (or position) which has full-time regular status is expected to be in existence for an indefinite period and generally requires a minimum of forty (40) hours weekly to perform.
   2. An employee assigned to a full-time regular job becomes eligible, after the respective eligibility periods, for all of the District's benefit programs.
2. Part-time Regular
   1. A job (or position) which has part-time regular status is expected to be in existence for an indefinite period and generally requires at least twenty (20) but less than forty (40) hours each week.
   2. An employee assigned to work a part-time regular job, except those individuals who are employed in a work experience or student intern classification, will be eligible for the same benefits offered for full-time work subject to specific eligibility requirements spelled out in each benefit plan. If a part-time regular employee elects coverage in the health, dental, vision, LTD, chiropractic, and/or life plans the employee will be responsible for paying ½ any monthly premium cost for the coverage they have elected through payroll deduction. If a part-time regular employee does not want health and welfare benefit coverage as described above he/she may elect to waive the coverage. Those benefits pertaining to paid absences will be earned and accrued on a pro-rate basis.
3. Full-time Temporary
   1. A job (or position) which has full-time temporary status is one which has been established to meet a temporary increase in workload requirements or other service of a temporary nature. The work is expected to last for a specific period, but not more than one (1) year.
   2. A job (or position) which has full-time temporary status generally requires a minimum of forty (40) hours weekly to perform.
   3. An employee who is assigned to a full-time temporary status is not eligible for regular employee benefits.
   4. Although it is expected that holiday work will be held to a minimum, if an employee who is assigned to a full-time temporary job works on a designated holiday, he/she will receive no holiday pay but will be paid the applicable overtime rate for work actually performed. The employee will receive no pay for holidays not worked.
   5. When an employee, who has been assigned to work involving full-time temporary status is reassigned to work involving regular status, his/her seniority date shall be the date on which the employee commences the regular assignment.
4. Part-time Temporary
   1. A job (or position) which has part-time temporary status is one which is expected to last for a specific period, but not more than one year and requires twenty (20) hours but less than forty (40) hours weekly to perform.
   2. An employee who is assigned to a part-time temporary job is not eligible for regular employee benefits.
   3. Although it is expected that holiday work will be held to a minimum, if an employee who is assigned to a part-time temporary job works on a designated holiday, he/she will receive no holiday pay but will be paid the applicable overtime rate for work actually performed. The employee will receive no pay for holidays not worked.
   4. When an employee who has been assigned to work involving part-time temporary status is reassigned to work involving regular status, his/her seniority date shall be the date on which the employee commences the regular assignment.

6.4 Reduction in Force

When it becomes necessary to reduce the work force, senior employees will be retained provided they have the necessary skills and ability to perform the required work efficiently and without training. In the event that a reduction of positions occurs (without a reduction in force) in a defined department within a division, seniority may be exercised by an individual for job assignment purposes with the same job title in that department.

No full-time regular employee will be laid off if that employee can be transferred to a position then held by a contract employee employed with the District doing work that the full-time regular employee can perform (with education, and training not to exceed six months).

6.5 Rehire from Layoff

In the event staffing allocations require an increase in working forces within one (1) year following a reduction in force, rehiring will be effected by notifying employees in reverse order of which they were laid off provided they have the necessary skills and ability to perform the required work efficiently and without training.

6.6 Termination

Employees will be considered terminated by (a) voluntary quit; (b) discharge for cause; (c) failure to return to work within five (5) days after notice of rehire from layoff; (d) failure to properly notify the District or provide documentation for absences of five (5) or more work days; (e) layoff without being rehired for a period of one (1) year.

Memorandum of Understanding Modesto Irrigation District IBEW International Brotherhood of Electrical Workers Local Union 1245 December 1, 2004 - November 30, 2008 For Bargaining Units: Utility Service and Maintenance, Professional and Supervisory, Administrative, Technical and Clerical

IBEW Web Site Local 1245 Web site Printable PDF