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reclassification shall supersede the job posting procedure and may result in a <br />reduction of wages but shall not result in a promotion or increase in per hour, <br />rate of pay. When reclassified, the employee shall be placed in the wage tier for <br />that position based upon the employee's date of hire. <br />C. If no position is available or the employee is unable or refuses to perform the <br />assigned duties, the employee shall be laid off without the right to bump other <br />regular full-time or part-time employees. If the employee is able to obtain a <br />CDL and has less than eight (8) violation points within ninety (90) days, or <br />such longer period as determined by the City, the employee shall be returned to <br />their previous classification. <br />D. If the employee is unable to obtain the CDL within the prescribed time limits, <br />the position shall be posted bargaining unit wide. Once the vacant position has <br />been posted and filled, the employee on layoff status shall be recalled pursuant <br />to the terms outlined in Article 22, Recall from Layoff, of the current <br />negotiated agreement. <br />E. Employees working in a position that utilizes a Commercial Driver License (CDL) shall receive a <br />one (1) time lump sum payment each year of $50.00, payable on the first regular pay date in March. <br />ARTICLE 41 LEGALITY <br />41.01 If a court of competent jurisdiction invalidates any provision of this Agreement, that <br />provision shall be null and void, but that determination shall not affect the validity of the remaining <br />paragraphs of this Agreement. In the event a provision is determined unlawful, the Agreement shall <br />be reopened on that provision and the City and the Union shall meet within thirty (30) days for the <br />purpose of negotiating a lawful alternative provision. <br />ARTICLE 42 PERSONNEL FILES <br />42.01 The personnel files for all employees shall be maintained by the Director of Human <br />Resources of the City of Lakewood. <br />42.02 All permanently appointed employees shall have the right to examine their own personnel <br />file (excluding all information related to their probationary period) with two (2) working days <br />advance notice. Such request shall be forwarded through channels to the Director of Human <br />Resources. <br />42.03 An employee may not remove or alter any documents in their file but may place written <br />clarification, explanation or rebuttal to any of its contents, which may be of a negative nature, by <br />submitting it through channels to the Director of Human Resources. <br />42.04 No unsubstantiated complaint shall be placed in an employee's personnel file and any <br />disaffirmed disciplinary action shall be expeditiously removed from an employee's file. <br />