Cite as [A.S.A.C. § 11.0455]
A.Employees may be separated in accordance with the statutes and approved Reduction-in-Force procedures of LBJ-ASMCA, without prejudice, because of lack of funds, curtailment of work or reorganization.
1. Permanent employees may be separated only after 15 calendar days notice in writing.
2. Emergency, intermittent, temporary or probationary employees may be separated immediately after notice in writing.
B.It is the responsibility of Human Resources Division to develop a Reduction-In-Force procedure which shall include:
1. Clearly defined layoff unit(s), either geographically or by administrative units or both, so as to limit the disruption of LBJ-ASMCA’s total operation; but not so small as to unduly restrict the options available to employees with greater seniority.
2. The order of separation for employees which shall be based on the type of appointments held and by assigned class.
C.The order for separating employees for LBJ-American Samoa Medical Center Authority is as follows:
1. Employees with Emergency Appointments shall be separated first.
2. Employees with Intermittent Appointments shall be separated next.
3. Employees with Temporary Appointments shall be separated next.
4. Employees with Probationary Appointments shall be separated next.
5. Employees with Permanent Appointments shall be separated next.
6. Emergency, intermittent, temporary or probationary appointees shall be laid off as administratively determined by Human Resources Division and approved by the Chief Executive Officer.
D.The order of separation of permanent employees shall be based on seniority and such employees do have the right to appeal as provided in (Part of Chapter 7).
E. Class as referenced in (Section 8.1.B(2)) is the identification of a position or a group of positions sufficiently similar in duties so that the same requirements of training, experience, or skill and the same title, examination and salary range may be applied.
F. The definition of seniority shall be the total length of service of an employee in LBJ-ASMCA.
G.Seniority shall be measured based on the official service computation date of the employee with LBJ-ASMCA as determined by the Human Resources Division.
H.In determining the service computation date, employees shall be allowed credit for all time worked in LBJ-ASMCA, served on military leave, in and for other periods or leaves of absence authorized by LBJ-ASMCA.
I. In case of a tie, the employee with the most total broken or unbroken seniority assigned will prevail.
J. If the tie remains, the employee with the most total broken or unbroken seniority within the class will prevail.
K.If the tie can still not be broken, the determination will be based on the most recent official performance evaluation of the affected employees.
L. In the event the tie still cannot be broken, the determination will be made by lot.
M. If a function is transferred by LBJ-ASMCA action, the employees incumbent in those positions will earn seniority from the date they entered LBJ¬ASMCA.
N. It is the responsibility of each employee to bring any discrepancy in a service computation date or other date used for seniority to the attention of the Chief Executive Officer or Human Resources Manager in order to resolve any differences.
O. The rights of employees who have been scheduled for Reduction-in¬force to take a reassignment or a voluntary demotion to a vacancy that is to be filled in their own layoff unit for which they qualify, is determined by the Chief Executive Officer and Human Resources Manager. This right to be exercised according to the seniority of those desiring the same vacancy.
P. Rights and obligations for employees to accept or reject options offered in lieu of separation due to Reduction-in-Force.
Q. The right to “Bump” as well as the provision that only after the employee to be “bumped” has received 15 calendar days notice of the scheduled action can another employee displace them.
R. No permanent employee shall lose the employee’s position through Reduction-in-Force without being first offered by the Chief Executive Officer and Human Resources Division Manager those positions within the layoff unit for which the individual qualifies at the time of the Reduction-in-Force currently being held by emergency, temporary or probationary employees: but only within 15 calendar days prior to what would be the permanent employee’s effective separation.
S. Permanent employees separated due to Reduction-in-Force shall be placed on the LBJ-American Samoa Medical Center Authority wide Reduction¬in-Force Register for one year.History: Rule 06-98, eff. Mar. 3, 1999