2008-81 AUTHORIZING CONTRACT PAY AND BENEFITS - AFSCME LOCAL 268, GENERAL SERVICE EMPLOYEES

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(d). A current employee who passes an examination described in paragraph (b) of this section shall be appointed to the appropriate new position, and such employee shall, at the time of such appointment, be considered a member of the classified service and shall not be required to serve a probationary period in such new position. (e). Current employees shall be permitted to take the examinations described in para- graph (b) of this section without limitation on the number of such attempts, and such current employees shall suffer no adverse consequences for any failure or failures to pass such exami- nations. The City and the Union hereby agree that all such current er�ployees shall be permit- ted to remain in such existing positions until such time as said current �mployees are appointed as provided herein or removed there from for cause or by resignation or retirement. (fl. At such time as a current employee is appointed to a new position, as provided by the provisions hereof, the authorized number of employees assigned to such existing position shall be reduced by one, and such existing position shall be abolished at the time of the removal of the last occupant thereof, whether by appointment as described herein or otherwise; provided that for purposes of reduction in personnel only, any existing position may be reinstated if ne- cessary, for an employee in another existing position to be reduced to such newly-reinstated ex- isting position in order to avoid being furloughed, and such position may be reinstated, and such employee appointed thereto, without further action of the Civil Service Commission. (g). Effective December 12, 1990, the City shall cease to appoint or promote persons to existing positions identified in this section. (h). The provisions of this section shall be effective as, and on the dates, described here- in, provisions of civil service law or statute to the contrary notwithstandl,ing. It is the intent of the parties hereto that said provisions shall supercede any requirements �f action by the Civil Ser- vice Commission of the City of Decatur to effect such provisions. ARTICLE 10 REDUCTION IN PERSONNEL Section 1. The City at its discretion, shall determine whether furloughs are necessary. Although not limited to the following, the City may furlough any employee, whenever such action is made necessary by reason of a shortage of work or funds, the abolition of a position, or be- cause of changes in organizational structure. Such reduction shall be within the position classifi- cations of the department affected by the reduction in force. No employees shall be furloughed while there are temporary or probationary employees serving in the same job classification with- in the affected department. Section 2. In the event a furlough is necessary, such a reduction shall be based on se- niority and the employee's ability to perform the remaining work available within the employee's position classification without additional training provided that all emlployees affected had an equal opportunity for training. When two or more employees have rela ively equal experience or skill, ability and qualifications to do the work without further training, th employee with the least seniority will be furloughed first. If the senior employee is furloughed, the City will have the bur- den to prove the less senior employee was more qualified. Section 3. An employee furloughed from his/her position classification will have the right to bump an employee with less seniority and in any department in the same position classifica- 22