PAP.9.5.090 Layoff and Recall

It is the policy of the Gaming Enterprises that, if it must reduce employment because of adverse economic conditions or other reasons, layoffs and recall will be conducted consistent with policy requirements and in accordance with the procedures set forth below:

(a) The Gaming Enterprises will attempt to avoid layoffs and, whenever possible, will consider alternatives to layoff before any final decisions are made. However, management reserves the right to implement a layoff procedure. Layoffs that are expected to be temporary will be handled according to the provisions outlined herein. Selections for layoffs that are known to be permanent will be made according to policies outlined in Section PAP.9.5.100 of this manual.

(b) Hourly team members within each affected department are to be selected for layoff in the following sequence:

(1) Team members who have not completed their introductory period are to be laid off first;

(2) Temporary and part-time team members are to be laid off next;

(3) Full-time team members are to be laid off based on their length of service, in all cases provided that the team members who are retained have the demonstrated ability and desire to perform the available work. If after a reasonable time, a team member cannot perform the duties of a new job, that team member is to be laid off if the team member is ineligible to transfer;

(4) Regardless of category, Tribal Members will be considered last for layoff.

(c) Salaried team members are to be selected for layoff based on evaluation of the following criteria:

(1) Demonstrated current and past performance;

(2) Promotion potential and transferability of skills to other positions within the unit; and

(3) Length of service with the Employer.

(d) A team member's tenure with the Gaming Enterprises will be measured from the seniority date with the Gaming Enterprises.

(e) Team members selected for layoff will be given as much notice as is reasonable under the circumstances. Team members will be informed of the reason for the layoff, of the estimated length of the layoff (if available), and of any rights they have to appeal their selection for layoff.

(f) Team members who are laid off will be maintained on a recall list for one year. Removal from the recall list terminates all job rights the team member may have. While on the recall list, team members should notify the Gaming Enterprises if they become unavailable for recall or have an address change. Team members will be recalled according to need, classification, or ability to fulfill a position. Notice of recall will be sent by registered mail. Unless a team member responds to the recall notice within seven calendar days, the team member's name will be removed from the recall list, forfeiting all previous rights with the employer.

(g) Credit for seniority will continue to accumulate during any layoff of 30 days or less. No PTO leave shall be accrued during layoff.

(h) The Human Resource Department shall answer any questions regarding the continuation of certain other benefits during layoff and will strive to coordinate with local Resources to provide assistance to team members who have been laid off.