Reductions in Workforce, Changes in Organization, and Other Changes in Business Operations

DEPARTMENT OF THE LOTTERY
Departmental

RULE NO: RULE TITLE
53ER06-42: Reductions in Workforce, Changes in Organization, and Other Changes in Business Operations
SUMMARY: This emergency rule replaces Rule 53ER03-36, F.A.C., and sets forth the procedures that the Florida Lottery shall apply to reductions in workforce, changes in organization and other changes in business operations.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER06-42 Reductions in Workforce, Changes in Organization, and Other Changes in Business Operations.

(1) Reductions in Workforce shall be conducted as follows:

(a) Positions Represented for Collective Bargaining – represented positions shall be identified for reduction in accordance with an Agreement to be negotiated by the Lottery and the collective bargaining representative (“Agreement”). A waiver of bargaining rights by the bargaining representative will cause the identification of positions for reduction to be processed under paragraph (1)(b).

(b) Positions Not Represented for Collective Bargaining – positions that are not represented for collective bargaining shall be identified for reduction solely by the Lottery.

(c) Benefits, if any, to be provided to employees in represented positions will be determined by Agreement between the Lottery and the collective bargaining representative. A waiver of bargaining rights by the bargaining representative will cause the Lottery to solely determine the benefits to be provided, if any. The Lottery shall provide the benefits as determined in the Agreement or, in the event of a waiver of bargaining rights, as determined by the Lottery, to both collective bargaining unit employees and non-collective bargaining unit employees. The Lottery reserves the right to provide additional benefits not specifically addressed in the Agreement.

(2) When an organizational change or other change in Lottery business operations results in the incumbent of an established position being separated from employment, the Lottery is authorized to provide separation benefits to the adversely affected employee in the same manner as provided in paragraph (1)(c).

Specific Authority 24.105(19)(d), 24.109(1) FS. Law Implemented 24.105(19)(d) FS. History–New 7-25-06, Replaces 53ER03-36, F.A.C.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: July 25, 2006