FORCE ADJUSTMENTS Sample Clauses
The FORCE ADJUSTMENTS clause allows for modifications to contractual obligations or terms in response to significant changes in circumstances that affect the feasibility or fairness of performance. Typically, this clause applies when unforeseen events—such as regulatory changes, market disruptions, or force majeure incidents—materially impact the costs, timelines, or ability of a party to fulfill their duties. By providing a mechanism for renegotiation or adjustment, the clause helps ensure that the contract remains equitable and practical, preventing disputes or breaches due to circumstances beyond the parties' control.
FORCE ADJUSTMENTS. Section 19.01 Should the Company determine that a force reduction in a job title in a district is necessary due to adverse economic conditions or other reasons, the designated representatives of the Union and affected employees shall be notified by mail twenty-one (21) days in advance of the force reduction. The force adjustment shall be carried out in accordance with the following successive steps:
a) Temporary employees shall be laid off first.
b) Part-time employees shall be laid off in the inverse order of union seniority, shortest to longest.
c) Regular employees shall be laid off in inverse order of Union seniority, shortest to longest. The Company may, at its option, determine that employees shall remain at work with a reduced work week.
Section 19.02 The regular employees affected by the reduction in force may exercise their Union seniority rights in gaining continued employment in any location where they have Union seniority over an incumbent in a job title which they have previously held and are deemed fully qualified by the Company to perform with a maximum of forty (40) hours of on-the-job training and familiarization. Such rights must be exercised against the employee who has the least Union seniority in that job title. Employees who are not deemed qualified as described above are not eligible to exercise bumping rights.
Section 19.03 Rehiring After Layoffs - Employees who are laid off must be rehired in the same jobs in inverse order in which they were laid off. The Company agrees that it will not hire any new employees until all laid off employees have had opportunity for re-employment with the Company for a period of nine (9) months. A refusal to accept a recall within the employee’s former job title and former district will result in termination. The Company, when requesting a laid-off employee to return to work, shall notify such employee by a registered letter sent to the employee’s last known address. It is the employee’s responsibility to notify the Company and the Union of any change of address. If the employee does not reply by registered letter within five (5) work days from the date of the returned receipt, he or she shall be considered to have resigned. If the returned receipt is not received within five (5) work days of the mailing date of the letter, the Company will attempt to contact the employee. If this fails, the Union will be notified and will have five (5) work days to contact the employee. If this is unsuccessful, the em...
FORCE ADJUSTMENTS. Section 15.1 Whenever conditions are considered by the Company such as to warrant layoffs, part-timing, reclassifications, or a combination thereof, the Company agrees to give the Union thirty (30) calendar days’ notice (or the number of days’ notice required by law, if greater) of its intended plan, together with a description of designated work location(s) and job title(s) (including levels within channels) and Wage/Skill Groups (see Section 15.7) so affected as determined by the Company.
FORCE ADJUSTMENTS. 8 Employment Security ........................................................................................... 9 Transfer and Travel Expense ............................................................................... 10 Travel Time and Travel Conditions ..................................................................... 11 Suspensions, Discharges and Demotions ............................................................. 12 Promotions, Transfers and Job Vacancies ........................................................... 13 Application of Seniority .......................................................................................
FORCE ADJUSTMENTS. 49.01 This Article will define the method by which the Contract applies to misdistributions, vacancy(s), and surplus situations.
a) Once the appropriate Section of this Article has been identified, then utilize the procedures, in the sequence listed, until either the employees are redistributed or the vacancy(ies) are filled, or the surplus(es) relieved, as appropriate.
b) The Company shall make every reasonable attempt to provide as much advance notice as possible, but in no event less than two (2) weeks' notice, in writing, to the Union and the Local, prior to announcing a surplus.
FORCE ADJUSTMENTS. 8.1 Temporary Layoffs. Layoffs which are not expected to exceed two weeks in duration shall be considered temporary.
FORCE ADJUSTMENTS. 1. Whenever the Company deems it necessary for any reason to make force adjustments in any Company-defined entity (as defined in Policies and Procedures, Part 1, Attachment 1-Transfer Plan, Paragraph 1, E), such adjustments shall be effected in the following order
a. When a surplus condition exists (defined at the job title level within a company-defined entity when the Company determines there are more people on a job title in an entity than are needed to perform the work of that particular job title in the entity) the Company shall (i) notify the Union; (ii) identify the impacted job title, the company-defined entity and the number of surplus employees in the job title and (iii) inform the Union as to whether the Company intends to layoff bargaining unit employees to relieve that surplus. When the Company has jobs available to offer to surplused employees and therefore notifies the Union that it does not intend to layoff bargaining unit employees, the Company will proceed as follows:
(1) For the remaining life of the current Contract (April 14, 2018), the Company will offer an Enhanced Voluntary Severance Plan1 (EVSP) to incumbents in the impacted job title within the company-defined entity. The offer may be accepted by incumbents in the impacted job title, in seniority order, up to the number of surplus declared for that job title. The offer will be available for one calendar week, and employees who accept
1 Enhanced Voluntary Severance Plan (EVSP) – in effect for remaining life of current Contract (April 9, 2016):
FORCE ADJUSTMENTS. 20.1 Whenever the Company deems it necessary to declare as surplus, to part-time or to layoff regular employees, the designated representatives of the Union shall be notified two (2) weeks in advance of such contemplated force reduction, to the extent it is feasible to do so.
20.1.1 The least senior employee(s) in the company, in the surplus job title, will be separated. The most senior qualified employee(s) in the surplus job title in the surplus district will be allowed to take the vacated position(s). If no employee(s) in the surplus job title in the surplus district choose(s) to take the vacated position(s). Article 20 of the collective bargaining agreement shall apply for the least senior employee(s) in the surplus job title in the surplus district.
20.2 Laid off employees who are rehired within one (1) year shall be placed on the same seniority status as held at the time of layoff.
20.3 As a part of any reduced force the Company may retain as employees whose services are essential to the business, in the sole opinion of the Company, a total of 10 percent of the retained hirees from any calendar year with any fractional number adjusted upward to the next whole number. These employees may be named before subparagraph 14.3 of paragraph 14, Seniority, of this Agreement is applied to establish the remainder of the reduced work force.
20.4 Laid off employees will be rehired in the reverse order of the original layoff schedule under which they left the job.
20.5 Laid off employees must keep the Company informed in writing as to the current address at which they may be reached. Notification of re- employment may be made by telephone or registered mail. When such an offer has been made the employee must accept the offer within five
FORCE ADJUSTMENTS. 3. Any other transfer situations which do not involve voluntary rotation off a rotation shift onto the straight-day shift.
FORCE ADJUSTMENTS. 22.1 It is understood and agreed that in all cases of force adjustments (lay-off, reallocation of positions, bumping and recall from lay-off), the following process shall be controlling:
a. At such time that the Company determines that a force adjustment is necessary, the Company shall notify the Union of the job classification(s), location(s) and number of employees which need to be reduced. The Company will provide employees who will be affected by the force reduction with a minimum of fifteen (15) days’ notice. In all instances of a force adjustment as defined above, the Company will be solely responsible for determining the date that the lay-off will take place, when the bumping process would be implemented and when a recall to work is needed.
b. When a force adjustment is required, the Company will first identify the number of positions, the location(s) and the job classification(s) and function(s) which need to be reduced. The reduction will take place in the following order:
i. Temporary and probationary employees: Temporary and probationary employees will be laid off first. These employees have no rights to a severance or recall to available positions.
ii. Part-time employees: Part-time employees will be laid off next in the inverse order of seniority (least senior first).
FORCE ADJUSTMENTS. Section 15.1 Whenever conditions are considered by the Company such as to warrant layoffs, part-timing, reclassifications, or a combination thereof, the Company agrees to give the Union thirty (30) calendar days’ notice (or the number of days’ notice required by law, if greater) of its intended plan, together with a description of designated work location(s) and job title(s) (including levels within channels) [archive *and Wage/Skill Groups (see Section 15.7)* so affected as determined by the Company. Reclassifications resulting in Business Advisors being reassigned to a lower rated job level within the same channel shall be implemented according to the deployment guidelines contained in the Market Assignment Guidelines with the employee being selected based on qualifications. When the qualifications of two (2) or more employees are determined by the Company to be equal, seniority shall govern in the selection.