Displacement Procedure Sample Clauses
The Displacement Procedure clause outlines the steps to be followed when one party needs to temporarily or permanently replace or move personnel, equipment, or resources involved in a contract or project. Typically, this clause specifies the conditions under which displacement can occur, the notice required to be given, and any obligations for providing suitable replacements or mitigating disruptions. Its core practical function is to ensure continuity and minimize operational disruptions by providing a clear, agreed-upon process for handling necessary changes in key resources or personnel during the course of an agreement.
Displacement Procedure. (i) Where the Employer is to reduce the staff compliment in a classification within a site, the least senior Employee within the classification to be reduced shall be displaced.
(ii) Where the displaced least senior Employee in the classification at the site is not the least senior Employee in the classification group (where groups are established by agreement with the Union) then the displaced Employee shall further displace the least senior Employee in the classification group at the site.
(iii) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the department as defined by the Employer within 90 days of the signing of the Collective Agreement (within their bargaining unit and site) for which the Employee meets the threshold requirements of the position.
(iv) Where the displaced Employee is the least senior Employee in the classification or classification group, the Employee may displace the least senior Employee in the Bargaining Unit in the site for which the Employee meets the threshold requirements of the position.
(v) Where the Employee is unable to meet the threshold requirements of a position of an Employee with the least seniority at the site or chooses to transfer to a position elsewhere in the DHA, the Employee may displace the least senior Employee in the displaced Employee’s classification or classification group at the site of the Employee’s choice.
(vi) A displaced Employee may displace the least senior Employee in the Bargaining Unit.
(vii) Where the Parties mutually agree that an Employee’s displacement choice has proven unworkable, the Employee will be allowed to exercise their full rights under Article 16.07(b).
Displacement Procedure. (a) Subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualifications are required, according to objective tests or standards reflecting the functions of the job concerned, an employee in receipt of layoff notice has, subject to Article 35.02(e), the right to displace another employee. The employee to be displaced shall be an employee with lesser seniority who:
(i) is the least senior employee in the displacing employee’s classification/classification grouping; or
(ii) where no such junior employee exists, the least senior employee in any classification/classification grouping in the displacing employee’s bargaining unit.
(b) An employee who chooses to exercise rights in accordance with Article 32.17 may elect at any step, beginning with Article 32.15, to accept layoff and be placed on the recall list or to resign with severance pay in accordance with Article 32.24(g)(ii).
(c) An employee who is displaced pursuant to Article 32 shall be entitled to:
(i) take the Transition Support Program, or,
(ii) go on the Recall List, or
(iii) subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualifications are required, according to objective tests or standards reflecting the functions of the job concerned be placed in any vacancy in any bargaining unit.
(d) An employee will have a maximum of two (2) full days to exercise her rights at any of the foregoing steps of the displacement procedures provided for herein.
(e) Where an employee accepts a position in a classification, the maximum salary of which is less than the maximum salary of the employee’s current classification, the employee shall be paid the salary of the classification of the employee’s new position.
Displacement Procedure a) In the case of abolishment of permanent positions, the University must place any employee benefiting from employment security in a newly created or a vacant position within the bargaining unit providing he/she can satisfy the normal requirements of that position.
b) Beginning at the time of receipt of the notice of abolition, any employee benefiting from employment security and whose position is abolished will be given priority to fill any vacant permanent position, or failing that, to fill any vacant temporary position. However, the University’s obligation to find a permanent position for this employee under the employment security provisions does not cease if the employee accepts a temporary position.
c) The employee with employment security and whose position has been abolished is deemed to hold the required qualifications of the abolished position, including educational level. Furthermore, he/she shall not be refused a permanent position if he/she only lacks competencies or skills that can reasonably be acquired within eight (8) months of full-time training or twenty-four (24) months of part-time training, as determined by the University.
d) Any employee benefiting from employment security whose position is abolished and who is placed in a position of a lower grade, maintains the salary of the abolished position.
e) Any employee benefiting from employment security who refuses an assignment to a vacant position will be considered as having voluntarily resigned.
f) An employee affected by the abolition of a position who cannot be assigned to a vacant position according to subsection 14.05 a) and who chooses to not resign and to receive the indemnity indicated in subsection l4.
03 a) must accept:
i. to fill a temporarily vacated position, as long as he/she satisfies the normal requirements of the position;
ii. to fill a work surplus or be assigned to a special project. In such cases, the University may assign the employee for a period of less than six (6) months to any position that is classified as grade nine (9) or higher. This may happen only once. For assignments of six (6) months or more, the University may assign the employee to a position that is no more than two (2) grades lower than his/her abolished position.
g) At the end of the paid period of employment security, the employee has the right to bump a temporary employee with less seniority who is the incumbent of a position that was not posted, as long as he or she meets the normal requiremen...
Displacement Procedure. An employee who is to be laid off has so-called "bumping rights" over another employee in the same classification who has been employed the shortest period of time in accordance with Education Code Section 88127 and the procedure that follows.
1. An employee who has been notified that he/she will be laid off has the right to displace the least senior employee in his/her classification,
2. If this cannot be accomplished, an employee who has been notified that he/she will be laid off has the right to displace the least senior employee in an equal or lower classification in which the more senior employee has served previously.
3. If neither of the above is possible, an employee who has been notified that he/she will be laid off has the right to displace the least senior employee in lower included classifications of the employee’s existing classification.
Displacement Procedure. An employee displaced from his regular job classifica- tion and who elects to exercise his seniority rights pursuant to the displacement procedure and providing that he is qualified to do the work in a satisfactory manner, must exhaust all his seniority claims in the following order.
Displacement Procedure. In all cases of reduction in work force or layoffs and rehiring, the principles of seniority shall govern, provided that the employee is qualified to perform the job. Employees shall be permitted to displace other employees as follows:
1) The most senior employee in the job classification in the affected unit to be reduced shall displace the least senior employee in the same or comparable positions at the same facility. If there is no same or comparable position at the facility, the employee may bump the least senior employee in the same or comparable position within the Region. The displacing employee shall be paid the step rate of the job classification nearest to, but not higher than, his/her former rate of pay.
2) The displaced employee shall be laid off.
3) If the displacing employee elects not to exercise his/her seniority pursuant to Paragraph (1) of this Section, s/he shall be laid off.
4) In the event an employee being affected is qualified to perform another classification within the same field, and wishes to change classifications, he/she must submit to Human Resources a timely written request to change classifications. Said requests will be accommodated provided a suitable vacancy exists.
Displacement Procedure. (a) Subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualification are required, according to objective tests or standards reflecting the functions of the job concerned, an Employee in receipt of layoff notice has the right to displace another Employee. The Employee to be displaced shall be an Employee with lesser seniority who:
(i) Is the least senior Employee in the displacing Employee’s classification / classification grouping who has the same designated percentage of full-time employment at the Employee’s worksite or
(ii) Where no such junior Employee exists, the least senior Employee in the displacing Employee’s classification / classification grouping who has the same designated percentage of full-time employment within the displacing Employee’s geographic location; or
(iii) Where no such junior Employee exists, the least senior Employee in any classification / classification grouping who has the same designated percentage of full-time employment within the displacing Employee’s geographic location; or
(iv) Where no such junior Employee exists, the least senior Employee in any classification / classification grouping who has the same designated percentage of full-time employment in the bargaining unit.
(v) At each of the above steps, the displacing Employee may elect to displace the least senior Employee with a lower designation of full-time employment.
Displacement Procedure. Subject to consideration of ability, experience, qualifications, or where the Employer establishes that special skills or qualifications are required, according to objective tests or standards reflecting the functions of the job concerned, an employee in receipt of layoff notice has the right to displace another employee. The employee to be displaced shall be an employee with lesser seniority who:
Displacement Procedure a) A permanent employee subject to a lay-off must receive a one (1) month notice, indicating the date of the lay-off. A copy of this notice is simultaneously sent to the Union. A temporary employee subject to a lay-off must receive a two (2) week notice indicating the date of the lay-off. A copy of this notice is simultaneously sent to the Union. The University must inform the concerned employee as to whether or not she/he must work during the notice period.
b) A permanent employee affected by a lay-off may displace a permanent employee in the same job class who has less seniority than she/he, on the condition that she/he can satisfy the normal requirements of the position.
c) If a displacement in the same job class is not possible, the permanent employee who is affected by a lay-off may displace an employee in the immediately lower job class having less seniority than she/he, on the condition that she/he has the qualifications to satisfy the normal requirements of the position.
d) Each permanent employee thus displaced may displace in the above mentioned manner.
Displacement Procedure. An employee displaced from his position, under Article 21 who is not placed in accordance with the provisions of paragraph 21.02, shall follow the procedure of Article 7.