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HomeMy WebLinkAboutResolution 12-80 EER pages only 1 C. City Council Review. Upon receiving the grievance, the City Clerk shall present the appeal to the City Council within fifteen (15) working days of receipt of the request for hearing. The City Clerk shall notify the appellant of the hearing date at least ten (10) days before the date of hearing. The City Council shall hear the matter within twenty (20) working days of the date the City Clerk officially received the employee's request. The hearing may be continued from time to time to provide the City Council an opportunity to gather and consider all the facts in the matter. The City Council shall, however, render its decision within thirty (30) working days of the first date upon which the matter was heard. The City Council may adopt its own rules of procedure for conducting the hearing; it may hear sworn or unsworn testimony and receive whatever testimony or documentary evidence it shall deem necessary to quickly and equitably resolve the matter. It shall not be required to comply with the judicial rules of evidence or procedure. The decision of the City Council shall be final. 6. 5 Conduct of Grievance Procedure. a. The time limits specified above may be extended P Y to a definite date by mutual agreement of the employee and the reviewing party. b. The employee may request the assistance of ' another person of his own choosing in preparing and presenting his grievance at any level of review. C. Employees shall be free from reprisal for using the Grievance Procedure. SECTION 7. 0 EMPLOYER-EMPLOYEE RELATIONS PROCEDURE 7. 1 Statement of Purpose. The purpose of this Section .is to implement Chapter 10, Division 4, Title l of the Government Code of the State of California (Sec- tions 3500 et seq. ) captioned "Public Employee Organi- zations, " and to strengthen the merit system, by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations. It is the further pur- pose of this Section to provide procedures for - 18 - 0 0 tmeeting and conferring in good faith with recognized employee organizations regarding matters that directly affect and primarily involve the wages , hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by Federal or State law. However, nothing herein shall be construed to restrict any legal or inherent exclusive City right with respect to matters of general legislative or managerial policy. 7.2 Definitions. As used in this section, the following terms shall have the meanings indicated: Appropriate Unit. A unit established pursuant to the provisions of this Section. ' City. The City of Atascadero, a municipal corpora- tion, and where appropriate herein, "City" refers to any duly authorized City representative as herein defined. Consult or Consultation in Good Faith. To communicate orally or in writing for the purpose of presenting and obtaining views and advising of intended actions. Day. Calendar day unless expressly stated otherwise. Employee. Any person regularly and permanently employed by the City except those persons elected by popular vote. Employee, Confidential. An em to ee who in the course P Y of Eis duties, has access to information relating to the City's administration of employer-employee vela- tions. Employee Relations officer. The City Manager or his duly authorized representative. Employee, Management/Mid-Management. An employee having responsibility for formulating, administering or managing the implementation of City policies or programs, or having authority, in the interest of the City, to hire, ' transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their ' grievances, or effectively to recommend such actions , If, in connection with the foregoing, the excercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employee Organization. Any organization which includes employees of the City and which has as one of its primary purposes representing such employees in their ' - 19 employment relations with the City. Impasse. The representatives of the City and a recog- nizecT employee organization have reached a point in their meeting and conferring in good faith where ' their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. Mediation or Conciliation. The efforts of an impar- tial third person, or persons, functioning as inter- mediaries, to assist the parties in reaching a voluntary resolution to an impasse, through inter- pretation, suggestion and advice. Mediation and conciliation are interchangeable terms. Proof of Employee Support. a. An authorization card personally signed and dated by an employee; or b. A verified authorization petition or petitions personally signed and dated by an employee; or ' C. Employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed here- under, except that dues deduction authoriza- tions for more than one (1) employee organiza- tion for the account of any one (1) employee ' shall not be considered a proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee,. Said authorization cards must be signed and ' dated within ninety (90) days prior to the filing of a petition. Recognized Employee Organization. An employee organi- zation which has been formally acknowledged_by the City as the employee organization that represents the employees in an appropriate representation unit ' pursuant to Sections 7 through 9 hereof. 7. 3 Employee Rights. Except as otherwise provided or ' authorized by law, employees of the City shall have the right to form, join and participate in the activi- ties of employee organizations of their own choosing for the purpose of representation in accordance with ' these Rules and Regulations. Employees of the City also shall have the right to refuse to join or parti- ' - 20 - • 0 cipate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interferred with, intimi- dated, restrained, coerced or discriminated against by the City or by any employee organization because of his exercise of these rights. Notwithstanding the foregoing paragraph, the City Council hereby designates any classifications and positions comprising the Police Department Unit as having duties consisting primarily of the enforcement of State and local laws, and employees in these classi- fications and positions shall be limited to forming, joining, participating and being represented by employee organizations which are composed solely of such law enforcement employees, which concern themselves solely and exclusively with the wages , hours, working condi- tions, welfare programs, and advancement in the academic and vocational training in furtherance of the police profession, and which are not subordinate to any other organization. i7.4 Employer' s Rights. As employer, the rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its ' employees; evaluate the quality of the performance of its employees; take disciplinary action subject to established appellate procedure; relieve its employees 1 from duty because of lack of work or for other legiti- mate reasons subject to consultation regarding the impact of such decisions; maintain the efficiency of governmental operations; determine the methods , 'means and personnel by which government operations are to be conducted; determine the types and content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 7. 5 Meet and Confer in Good Faith. The City, through its representatives, shall meet and confer in good faith in an effort to reach agreement with representatives ' of recognized employee organizations regarding matters within the scope of representation`, The City shall not be required to meet and confer in good faith on any subject preempted by Federal or State law, nor shall it be required to meet and confer in good faith on Employer's Rights as defined in Section 7. 4. 21 - 7.6 Advance Notice. Reasonable written notice shall be ' given to each recognized employee organization affected by any ordinance, rule, resolution, or regulations directly relating to matters within the scope of repre- sentation proposed to be adopted by the City. In case of emergency when the City determines that an ordinance, rule, resolution, or regulation must be adopted imme- diately without prior notice or meeting with a recog- nized employee organization, the City shall provide such notice at the earliest practicable time following the adoption of such ordinance, rule, resolution, or regu- lation. 7. 7 Petition for Recognition. An employee organization that seeks to be formally acknowledged as the Recog- nized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following ' information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. C. Names of employee organization representatives who are authorized to speak on behalf of the organization. ' d. A statement that the employee organization, as one of its primary purposes, represents employees in their employment relations with the City. 1 e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, ' state, national or international organization and, if so, the name and address of each such other organization. ' f. Certified copies of the employee organization' s constitution and by-laws. ' g'. A designation of those persons, not exceeding two (2) in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, creed, sex or national origin. ' i. The job classification or title of employees in ' - 22 - I then' t be appropriate and the unit deemed o number of member employees therein. j A statement that the employee organization has in its possession proof of employee support to establish that a majority of the employees in an appropriate unit have designated the employee organization to represent them in their employment relations with the City. Such ' written proof shall be submitted for confirma- tion to the Employee Relations Officer, however, the employee organization may request that such written proof be submitted to a mutally agreed upon disinterested third party. h. A request that the Employee Relations Officer formally acknowledge the petitioner as the Recognized Employee organization representing the employees in the appropriate unit for the ' purpose of meeting and conferring in good faith. The petition, including all accompanying docu- ments, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employees' organization executing it, ' 7. 8 Employee' s Former Organization. Notwithstanding the fact that an employee hired or merged with the City organization was formally a member of an employee organi- zation which represented the employees within the scope of the-Meyer-Milias Brown Act, each of said employees 1 must comply with the provisions of the rules and regu- lations as a condition of being recognized as an employee organization. ' 7. 9 City Response to Recognition Petition. Upon receipt of t e petition, the Employee Relations Officer shall deter- mine whether: a. There has been compliance with the requirements of the Recognition Petition, and b. The proposed representation unitisan appro- priate unit as determined by the Employee Rela- tions Officer as defined in Section 7 . 14. If an affirmative determination is made by the Employee Relations Officer, he shall so informthepetitioning ' employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters 23 - 0 are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such peti- tioning employee organization, and, if such determina- tion thereafter remains unchanged, shall inform that organization of the reasons therefor in writing. The petitioning employee organization may appeal such deter- mination in accordance with Section 7. 17 of these Rules and Regulations. ' 7. 10 Challenge to Filed Petitions. Within thirty (30) days o the date written notice was given to affected employees of a valid recognition petition for an appro- priate unit has been filed, any other employee organiza- tion may file a competing request to be formally-acknow- ledged as the recognized employee organization of the employees in the same or overlapping unit (one which ' corresponds with respect to some but not all the classi- fications or portions set forth in the recognition peti- tion being challenged) , by filing a petition evidencing proof of employee support in the unit of at least thirty (30) percent and otherwise in the same form and manner set forth in Section 7.7. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall hold a hearing on such over- lapping petitions at which time all affected employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units between such overlapping units in accordance with the criteria set forth in Section 7. 14. The peti- tioning employee organization shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determina- tions or to appeal pursuant to Section 7. 17. 7. 11 Recognition Without Election. If the written proof submitted by the employee organization is found to be appropriate and established that it represents more than fifty percent (50%) of the employees in such unit, Employee Relations Officer may, in his discretion, grant formal recognition to such employee organization without a ballot election. 7. 12 Election Procedure. In the event that recognition is not granted pursuant to Section 7. 11 above, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization (s) , in accordance with such party's rules and procedures subject to the provisions of these Rules and Regulations. All employee organizations who have duly submitted petitions which have been determined to be in conformance with these Rules and Regulations shall ' be included on the ballot. The choice of "no organization" ' - 24 - ! 0 shall also be included. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at ' least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Recognized Employee Organization for the designated appropriate unit following an election or run-off elec- tion if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules govern- ing an initial election being applicable to a run-off election. There shall be no more than one valid election under this section pursuant to any petition in a twelve (12) month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Conciliation Service. Costs of conducting elections shall be borne in equal shares by the City and each employee organization appearing on the ballot. 7. 13 Decertification of Recognized Employee Organization. A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit may be filed with the Employee Relations Officer only during the months of October or November of each year following the ' first full year of formal recognition. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall ' contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: ' a. The name, address and telephone number of the petitioner and a designated representative auth- orized to receive notices or requests for further ' information. b. The name of the established appropriate unit and ' of the formally Recognized Employee Organization 25 - 1 • i 1 sought to be decertified as the representative of that unit. 1 c. An allegation that the formally Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevent and material facts relating thereto. d. Written proof of Employee Support, as herein defined, that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the formally Recognized Employee Organization. Such proof shall be submitted for confirmation to the ' Employee Relations Officer or to a mutally agreed upon disinterested third party within the time limits specified in this Section. The Decertification Petition may be accompanied by a Recognition Petition for that established appropriate unit. Such accompanying Recogni- tion Petition shall comply with the requirement of Section 7. 7. The Employee RelationsOfficer shall determine whether the Petition h�s been filed in compliance` with the applicable provisions of these Rules and Regulations. If his determination is in the nega- tive, he shall offer to consult thereon with the representative (s) of such petitioning employees or employee organization, and, if such determina- tion thereafter remains unchanged, shall return such Petition to the employees or employee organi- zation with a statement of the reasons therefor in writing. If the determination termination of the Employee Relations Officer is in the affirmative, he shall give written notice tolsuch Decertification or Recognition Petition to the incumbent Recognized, 1 Employee Organization and to unit employees. The Employee Relationsl, Officer shall thereupon 1 arrange for a secret ballot election to be held on or about fifteen (1�) working days after such notice to determine the wishes of unit employees 1 as to the question of decertification, and, if a. Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 7. 12. 1 There shall be no morelthan one (1) valid decerti- fication election in the same unit in any twelve (12) month period. 1 26 7. 14 Appropriate Units. The basicpolicy objective in deter- mining appropriate units shal be the effect of a pro- posed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and econom- ically serve the public, and (2) to provide employees with effective representation based on recognized com- munity of interest considerations. These policy objec- tives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required, and the general 1 working conditions. b. History of representat on in the City and similar 1 employment; except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the exten to which employees in the proposed unit have organized. C, Consistency with the o ganizational patterns of the City. rd. Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classi- fications and proliferation of units. e. Effect on the classification structure and impact on the stability of the employer-employee rela- tionship of dividing a single or related classi- fications among two or more units. rThe Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or portions, delete elimi- nated classifications or portions; and retain, reallo- cate or delete modified classifications or portions from units in accordance with the provisions of this Section. 7. 15 Modification of Established Appropriate Units, Requests by employee organizations for modifications of established 1 appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 7. 13 above. Such requests shall be submitted in the form of a Recognition Petiion, and. in addition 1 to the requirements established for a Recognition Petition, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec- 27 tion 7 of these Rules and Regulations. The Employee Relations Officer shall process such petitions as I other Recognition Petitions under Section 7. 7, if he determines modification of an established unit to be appropriate. The Employee Relations Officer may on his own motion propose during the period specified in Section 7.13 that an established unit be 'modifi d. The Employee Relations Officer shall give written notice of the proposed modi- fication (s) to any affected employee organization (s) and shall hold a meeting concerning the proposed modi- fication (s) , at which time all affected employee organi- zations shall be heard. Thereafter the Employee Relations Officer shall determine the c mposition of the appro- priate unit or units in, accordance with Section 7. 14 . and shall give written notice of such determination to the affected employee organizations. The Employee Rela- tions Officer's determinations may be appealed as pro- vided in Section 7. 17. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Recognized Employee Organi- zation for such new appropriate unit or units. 7. 16 Cost of Election Proceedings. ) The cost of any election ' proceeding shall be borne by the employee organization (s) whose name (s) appear on ` the ballot. 7.17 Appeals. An employee organization aggrieved by an appro- priate unit determination by the Employee Relations Officer under these Rules and Regulations may, within ten (10) working days of notice thereof, request through the City Manager the interven ion of the California State Conciliation Service pursuant to Civil Code Section ' 3507. 1 and 3507. 3, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) working days of notice of the Employee Relations Officers determination or the determination of proceedings conducted by the California State Conciliation Service, whichever is later. Costs of the State Conciliation Service intervention, if any, ' shall be at the requesting party's expense. An employee organization aggrieved by a determination of the Employee Relations Off cer that a Recognition Petition, Challenging Petition, or Decertification Peti- tion, or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition has not been filed in compliance with applicable provisions of these Rules and Regulations , may, within fifteen (15) working days of notice of such determination, appeal the determination to the City Council for final determination. - 28 - 0 Appeals to the City Council should be filed in writing with the City Clerk, and a copy thereof served on the ' Employee Relations Officer. The City Council should commence to consider the matter within twenty (20) working days of the filing of this appeal and its deci- sion shall be final and binding. 7. 18 Currency of Information by Recognized Em loyee Organiza- tion. All changes in information filed with the City by--a Recognized Employee Organization in its Recognition Petition shall be submitted in writing to the Employee Relations Officer within fourteen (14) working days of ' such change. Each formally Recognized Emp1 yee Organization may select up to two (2) employee members of such organization to attend meet and confer sessio s with the Employee Rela- tions Officer and/or his desi nees on subjects within the scope of representation without loss of compensation on those occasions when such meetings are scheduled during regular working hours. where exceptional circum- stances warrant, the City Manager may approve the atten- dance at such meetings of additional employee representa- tives. 7. 19 Meet and Confer Process ' 7. 19. 1 Representation of Membersh p. For the purpose of the meet and confer process, tie Recognized Employee ' Organization shall represent only the members of its organization. ' 7. 19.2 Proposals. Only a Recognized Employee Organization, FY_ and through its designated representatives, at any time subsequent to January 1 and prior to April l of any calendar year, may submit to the City Manager a written proposal in such f rm as the Recognized Employee Organization deem appropriate, indicating the items and matters it wishes to submit for dis- t cussion in the meet and confer process. Any Recognized Employee Organization which does not, within the time permitted therefor, submit such a written proposal shall be deemed, for all purposes , to have waived its right to engage in the meet. and confer process during that calendar year. However, meet and confer sessions ' will be held at other times than specified herein upon mutual consent of the representatives of the City and the Recognized Employee Organization. The City will give a Recognized Employee Organization the opportunity to meet with City representatives at other times regarding the effect of any proposed action of the City relating to matters within the scope of representa- - 29 - tion unless foreclosed by a Memorandum of Under- standing then in force between the City and the ' Recognized Employee Organization. 7. 19. 3 Proposal -Meeting. At such time as a Recognized ' Employee Organization submits a proposal, the City Manager shall review the same, and within thirty (30) calendar days after April 1, he shall establish a time and place for the commencement of the meet and confer process. He shall give at least twenty-four (24) hours ' written notice to the representatives of such organization of the time and place of such proposal meeting, which notice shall include an - agenda containing the items to be discussed at such meeting. Only matters set forth on such agenda shall be discussed as a part of such proposal meeting of the representatives of the City and the employee organization. The notice provisions contained herein need not be observed where a proposal meeting is continued to another time and place by mutual consent of such re- presentatives. Additional items may be added to an agenda upon the written request of either party pro- vided that such requests are made not less than twenty- four (24) hours in advance of a scheduled meeting, and only if such items are the proper subject matter for such meet and confer process. Except as otherwise provided herein, attendance at such meeting shall be ' limited to not more than three (3) designated repre- sentatives of the Recognized Employee Organization submitting the proposal and three (3) or less representa- tives of the City. 7. 19. 4 Memorandum of Understanding. At the conclusion of the ' meet and confer process , if agreement is reached, the representatives of such Recognized Employee Organiza- tion and the City Manager or his designated represen- tative shall execute a memorandum of such under- standing. The memorandum shall be transmitted to the City Council for its determination. ' 7. 20 Notices., Except as otherwise provided herein, notices required pursuant to the provisions of this Section shall be given by United States mail, postage pre- paid' re-paid, adressed to the receipient at his last-known address. In lieu of mailed notices required, personal delivery of such notices may be made in order to assure timely receipt thereof. Notice shall be deemed, for all purposes, to have been given upon physical delivery thereof, or upon its deposit in the custody of said postal service. 30 - 2 s The following classes of 7. 1 Designation of Employee g employees of the City shall be deemed management, mid-management, elected or confidential employees, as hereinafter indicated; such employees shall not be eligible to serve as representatives of any Recognized Employee Organization other than as members of thein ' own recognized unit for the purpose of the meet and confer process. 1 Management t City Attorney City Councilmember City Manager Finance Director Fire Chief Personnel Director Planning Director Police Chief Public Works Director Recreation Director Mid-Management Associate Planner Deputy City Clerk ' Fire Captain Police Sergeant Public Works Superintendent ' Recreation Supervisor Confidential ' Departmental Secretaries Personnel Clerk Secretary to City Manager Senior Account Clerk, Finance Dept. 7.22 Violation. Any officer or employee of the City who interfers, intimidates, restrains, coerces , or dis- criminates against any other City officer or employee with respect to the exercise of such officer' s or employee' s rights shall be subject to disciplinary action. 7.23 Administrative Rules. The City Manager is hereby authorized an directed to prepare and issue, after reasonable con- sultation with any and all Recognized Employee Organiza- tions, such supplementary rules as he deems appropriate ' relating to employer-employee relations which are not in conflict with the express provisions of this Section. 7.24 Employee Activities. No City employee on behalf of an 31 - employee organization shall engage in any type of activity relating to an employee organization during such time as r such employee is on duty, except as expressly provided in memoranda of understanding or as provided under the provisions of the Myers-Milias Brown Act; nor shall any- one use any City supplies , equipment or facilities in conjunction with any activity for any such employee organi- zation, except as may be provided in the rules referred to in Section 7.23 hereof. SECTION 8.0 LAYOFF 8. 1 Intent of Procedure. For reasons of economy and effi- ciency, or in the interest or mandate of the public, reductions or curtailments of City services may be required. In such an event, it may be necessary to lay off one or more City employees. The following procedure is intended to give primary consideration to seniority and job per- formance whenever the layoff of employees is necessary. The City's decision to abolish a position is not subject to the employee' s right of appeal or grievance. 8. 2 Procedures . 8.2. 1 Abolition of a Position. When a position within a department or division is abolished, all employees in that department or division in the subject classifi- cation shall be listed in order of their length of service with the City. The Department Head shall choose from among their number the least senior employee to be laid off for each position to be abolished. ' If in any case length of service should be equal, the appointing authority may take job performance into consideration in determining the employee to be laid off. Employees to be laid off shall be given two (2) weeks written notice of the action. ' 8. 2.2 Transfer or Demotion to Avoid Layoff. Any employee who is to be laid off may requests in writing, to be transferred to a vacant position subject to being qualified for the position being requested, within the two (2) week notification period. An employee who has held regular status in a lower classification within the same department and/or division may request, within the two (2) week notification period, demotion to a vacant position in said lower classification or ' an equivalent class in order to avoid layoff. If the employee makes such a request, a list of employees as prescribed in Section 8. 2. 1 of these Rules and Regulations shall be prepared and subject employee ' shall have his name placed among the other names on said list according to his total length of service in ' - 32