helicopter pilot or a specialty requiring a state license or certification (other than MPTC), he or she may be retained. Seniority means total length of Departmental Service. In the event two (2) members of the unit have equal seniority, the tie shall be broken on the basis of their last written performance evaluation. C. HIRING DURING LAYOFF No employee may be hired to perform the duties normally performed by a bargaining unit member while he or she is in layoff status, except to meet operational needs of the Department for members having an essential skill, as defined in Paragraph B, or in accordance with the "bumping" provisions of the Department's Memorandum of Understanding with Unit II. D. RECALL RIGHTS Laid-off bargaining unit members shall enjoy the right to be reinstated within eighteen (18) months from the effective date of the layoff to any vacant position for which they are qualified. Reinstatement shall be in reverse order of layoff or reduction in rank (i.e., by seniority). When the Department offers reinstatement to a laid-off member, it shall give him or her notice by registered mail, return receipt requested, and afford the affected member reasonable time, not to exceed twenty (20) days, within which to accept reinstatement. E. BENEFITS While on layoff, a member of the bargaining unit shall be entitled to maintain eligibility for COBRA benefits by paying the costs in accordance with the provisions of COBRA legislation. F. No member of the Bargaining Unit shall be subject to layoff from July 1, 2009 through June 30, 2010. ARTICLE 29
PERSONAL PRONOUNS In all instances in this Memorandum in which the masculine form of the third person pronoun is used, such pronoun shall refer to both male and female employees.
ARTICLE 30
PRESERVATION OF BENEFITS All benefits presently enjoyed by employees covered by this Memorandum of Understanding which are not specifically provided for or abridged in this Memorandum, such as but not limited to holidays, uniforms, equipment, etc., are hereby included and protected by this Memorandum. FOP Unit 1 FY 2010
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