DEMOTIONS AND LAYOFFS Clause Samples

The 'Demotions and Layoffs' clause outlines the procedures and conditions under which an employer may reduce an employee's rank or terminate their employment due to organizational needs. It typically specifies the criteria for selecting employees for demotion or layoff, such as performance, seniority, or business restructuring, and may detail notice requirements or severance provisions. This clause serves to provide a clear and fair process for workforce reductions, minimizing disputes and ensuring both parties understand their rights and obligations in such situations.
DEMOTIONS AND LAYOFFS. Demotions and layoffs shall follow the reverse order of promotions. The method of administering this seniority provision for demotions and layoffs shall be developed in each Local Supplement. However, in any location probationary employees shall be laid off first. Layoffs from the plant shall be by plant seniority. Any employee’s job classification affected by a layoff shall be given an opportunity to receive at least thirty (30) days training prior to being reduced from their line of progression, job, group, department or the plant.
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DEMOTIONS AND LAYOFFS. (a) It is the parties' intent that a senior employee will not be laid off before a junior employee without reasonable justification from the established history of poor job performance documented through disciplinary action, above the level of a verbal warning, balanced against the employee's seniority. Only discipline issued within 3 years of the demotion or layoff may be considered by the Company. Disciplinary actions that are being challenged through the grievance procedure shall not be considered until there is a final determination on said grievance. (b) If demotions become necessary due to reduction of the force, the determining factors shall be seniority and performance record based on disciplinary history as described in subparagraph (a). Employees with the least job seniority will be demoted first, except as described in subparagraph (a). If Job seniority is equal, length of service in line of progression shall govern, and if length of service in line of progression is equal, seniority in this bargaining unit shall govern, and if seniority in this bargaining unit is equal, Company Service shall govern. (c) If an employee is demoted within a line of progression for any reason, all length of employment in higher job classifications within such line of progression shall be added to the employee's Job seniority in the job classification to which the employee is demoted. (d) Layoffs from a line of progression due to reduction in the force shall be made from the starting job classification within the line of progression according to seniority in this bargaining unit, except as described in subparagraph (a), after necessary demotions have been made. (Employees in the Transmission and Distribution Clerical Department and the Internal Services Clerical Department as of February 13, 1980, will be considered as a common group for layoff purposes only from the bottom jobs under Article V of the current Agreement.) (In the event of demotions or layoffs due to reduction in the force the clerical employees who were members of the Administrative Services Department prior to the reorganization (incumbents as of May 9, 1988), will be treated as a common work group.) (e) Layoffs from the Company due to reduction of the force from job classifications not in a line of progression shall be made according to seniority in this bargaining unit, except as described in subparagraph (a). If the layoff will result in the employee being able to replace/displace another employe...
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DEMOTIONS AND LAYOFFS. (a) Where a layoff or demotion is necessary because of curtailment or lack of work in a Job Classification Section (as described in Attachment A), the employee demoted or laid off shall be the employee in the Job Classification Section with the least Complex Seniority and who does not have, or cannot attain, in the Company's sole judgment, the qualifications and abilities required for the remaining positions, within ninety (90) days of notice given to the employee. After providing such notice, the parties will meet to consider all available methods to facilitate the planned workforce reductions. The Company shall train or retrain employees subject to layoff for job vacancies which exist at that time, provided the employees have the basic qualification required for the job vacancy, and are selected for the role. (b) In the event of permanent closure of all or part of the Complex which will result in a permanent work force reduction of employees covered by this Agreement, the Company will: i) Notify the Bargaining Unit, six (6) months in advance. ii) Meet with the Bargaining Unit to discuss the impact of the change on the work force. iii) Discuss relocation assistance that could be made available for employees being transferred to other locations within the Company. iv) Provide provisions for out placement assistance up to a budget of $2,000 per employee for employees laid off under the provisions of Article V, Section 3 (b) of the collective agreement.
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DEMOTIONS AND LAYOFFS. 1. A non-exempt employee who is affected by a reduction shall replace the employee in his department with the least plant seniority. This displaced employee may apply his plant seniority to displace the most junior employee in the plant. Displaced employees from one plant (Canton or Waynesville) cannot use their plant seniority to replace an employee at the other plant. Non-exempt employees affected by job reductions (through no fault of their own) will not receive a cut in pay. 2. If a non-exempt employee loses his/her job because their job is eliminated, they will have indefinite recall rights. 3. In case of reduction in the work force resulting in a layoff other than short term, notice of such layoff will be given to those employees affected at least thirty (30) days in advance of such layoff. 4. For the purpose of job bidding, an employee transferred out of his regular department because of a reduction shall accumulate his department seniority for the first twenty-four (24) months following his transfer out of the department. Should he be the successful bidder during this period, he shall receive his former department seniority date. 5. There shall not be a reduction in the workforce of full time, non-exempt employees while there are non-exempt temporary/contract employees working in the plant. Jobs which require special technical skills will be reviewed by the Non-Exempt Position Review Committee for recommendations.
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DEMOTIONS AND LAYOFFS. Where a layoff or demotion is necessary because of curtailment or lack of work in a Job Classification Section (as described in Attachment A), the employee demoted or laid off shall be the employee in the Job Classification Section with the least Complex Seniority and who does not have, or cannot attain, in the Company's sole judgment, the qualifications and abilities required for the remaining positions, within ninety (90) days of notice given to the employee. After providing such notice, the parties will meet to consider all available methods to facilitate the planned workforce reductions. The Company shall train or retrain employees subject to layoff for job vacancies which exist at that time, provided the employees have the basic qualification required for the job vacancy, and are selected for the role.
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DEMOTIONS AND LAYOFFS. (a) Layoffs due to reduction in the force shall be made according to Edison Credit Union Seniority. (b) A regular employee scheduled to be laid off due to reduction in force will be given two weeks notice prior to the layoff.
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DEMOTIONS AND LAYOFFS 
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Related to DEMOTIONS AND LAYOFFS

  • Demotion and Layoff 10:1 In the event reduction of forces or curtailment of operation shall occur, employees shall be laid off in the reverse order of their Company seniority in the area in which they are working at the time of the reduction. The application of this Section to an employee working temporarily in an area shall apply only to the extent that it affects him/her in his/her regular area. 10:2 An employee who has six (6) months or more of continuous Company service and whose job is being eliminated, may request to displace an employee with less seniority than his/her own in the following sequence: (a) the employee in the same classification in the District who has the least seniority; (b) the employee in the lower classification in the District who has the least seniority; (c) no employee may displace another employee who has greater Company seniority than his/her own. 10:3 If Company cannot effect a displacement in accordance with Section 10:2 or if an employee requests not to take a demotion as provided in Section 10:2(b), an employee who has one (1) year or more continuous service with the Company may elect to displace an employee with less seniority than his/her own in the following sequence: (a) the employee in the same classification in the area working for the same customer who has the least seniority; (b) no employee may displace another employee who has greater seniority than his/her own, except as provided in Article 10:3(c) below; (c) Foremen and Climbers who possess a current commercial driver’s license, and airbrake endorsement when required by the Company, may displace the next *senior employee in their classification (*this senior employee shall be the least senior of those employees in the same classification by District) who has no commercial driver’s license and/or airbrake endorsement, if the vehicle of the crew being displaced requires an airbrake endorsement. In the event a ▇▇▇▇▇▇▇ is displaced subject to this Article, he/she shall be reclassified to the top climber classification. Foremen and climbers shall maintain all demotion and layoff rights to those crews consisting of vehicles they are licensed to operate. 10:4 The Company shall give employees whose jobs are eliminated as much notice as possible. Employees desiring to exercise the provisions of Section 10:2 or 10:3 shall give the Company notice of at least five (5) workdays. 10:5 If in the application of the provisions of this Article an employee in a classification which, in the normal line of progression, is higher than an Trainee classification can effect a displacement in such classification, the former shall not take such Trainee classification but shall be given the rate of classification next higher thereto.

  • Demotions By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.

  • LAYOFFS AND RECALL 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer. 16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained. a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to: i) Accept the lay-off and be recalled under the terms of the Collective Agreement or; ii) Displace the most junior permanent Educational Assistant in the Division. b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September. c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period. 16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job. 16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work. 16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof. 16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure. 16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours. 16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there. 16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.

  • Demotion A demotion shall mean the transfer of an employee to a lower level position of less responsibility as well as salary.

  • LAYOFFS AND RECALLS (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site. (b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire. (c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall. (d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client. (e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately. (f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.