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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending Article 1011, § 1011.01 of the Administrative Code by providing that the employees to be laid off due to a reduction in force shall be determined through an evaluation of work load by position, including supervisory and management positions within Career Service.
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WHEREAS, Article IX, §2 of the Allegheny County Home Rule Charter provides that the personnel system, including rules and regulations governing force reduction, shall be included in the Administrative Code; and
WHEREAS, Article 1011, § 1011.01 of the Administrative Code addresses external considerations when reduction in force is necessary but does not address internal considerations; and
WHEREAS, requiring an evaluation of work load by position, including supervisory and management positions, insures that reduction in force results in minimal disruption of services.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Article 1011, § 1101.01 is amended by adding a new subsection F as follows:
1011.01. Layoffs.
A. If a reduction in force is necessary in the Career Service, no employee shall be laid-off while any probationary, part-time, occasional, casual, temporary or seasonal employee is employed in the same class in the same department or division.
B. Layoffs may occur because of economic considerations, lack of work, abolition of position or reduction of state or federal funds.
C. If there is in existence a Labor Agreement covering the manner in which employees are to be laid-off, the labor agreement shall be controlling.
D. A laid-off employee shall have the right of return for five years from the date of layoff to any class and career service status which was previously held, provided such class is contained in the current classification plan of the department or division, or to any class and career service status in the same or lower grade, provided the employee meets the minimum qualifications given in the classification plan of the department or division.
E. The Human Resources Director shall, with the approval of the County Manager, provide for rules governing the order of re-employment of laid-off employees. If such rules are in conflict with the terms of an existing collective bargaining agreement, the collective bargaining agreement shall be controlling.
F. If a reduction in force is necessary in the Career Service, the Director, Deputy Director, or Division Manager shall undertake an evaluation of work load by position, including supervisory or management positions in Career Service. Such evaluation shall assist in identifying which employees could be laid-off through the reduction in force that will result in minimal impact or disruption of services. When possible, a reduction in force shall result in the layoffs of an equal percentage of supervisory and management employees and non-supervisory and non-management employees.
SECTION 2. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 3. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.