LAY-OFF AND RECALL. 11.01 In the event of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff. 11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off. 11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period. 11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit. 11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis. 11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff. 11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions: (a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work. (b) Permanent employees who are subject to a permanent lay-off shall have the right to either: i) accept the lay-off and be placed on the recall list; ii) accept the lay-off, accept severance if applicable, and forego recall; iii) bump according to Article 11.07 (c). (c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows: i) their own classification; or ii) another equal or lower classification. (d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans. (e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section. (f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff. (g) There shall be no bumping up. (h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer. (i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay. (j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees. (a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping. (b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled. 11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
LAY-OFF AND RECALL. 11.01 10.01 In the event case of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, Temporary Employees, if any, and then Probationary Employees, and then Permanent Employees shall be laid off by department, with the Employer and exception of skilled tradespersons whose services are mutually deemed to be essential for the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact efficient operation of the temporary layoff.
11.07 In Company. Laid off employees will be allowed to replace more junior employees in other departments provided the event employees exercising such rights have the skill and ability to do the job. Employees who exercise these rights would do so for the period of a reduction in the number of employees, a lay-off of staff shall only and their security in the original department would not be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available workaffected.
(b) Permanent 10.02 Except in the case of extreme emergency, the Company will give permanent employees who are subject to a permanent lay-be laid off shall have the right to either:
i) accept the lay-off and be placed notice on the recall list;
iibulletin boards three (3) accept the working days prior to lay-off. If the employee is on leave of absence, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace absent through sickness or on Worker’s Compensation at the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary time of lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employeesprovisions the same as if he/she were on active status.
(a) An 10.03 Any employee who has received notice is laid off or continues to be laid off in violation of seniority must present a permanent layoff shall be entitled claim, in writing, to receive up to ten the Human Resources Department within three (103) working days orientation from the date of notice of such employee’s lay-off, otherwise it shall be deemed that compensation for time lost arising out of any wrongful lay-off is waived. The Company will promptly determine the merits of written claim and if it is found that the lay-off was unjust the affected employee will receive their straight time lost during such lay-off.
10.04 When rehiring takes place in any department, the reverse of Section 10.01 will be followed (i.e. laid off permanent employees will be recalled in order of their seniority within that department). In the event that additional employees are required by that department, then permanent laid off employees holding seniority in another department will be recalled in the job into order of their seniority. Permanent employees recalled to work in another department will not transfer their seniority rights to the department in which they are bumpingrecalled except as provided for in Section 11. Employees who hold top departmental seniority pursuant to Article 7.07, and who are laid off will be recalled in order of seniority.
(b) An employee who is being recalled from a permanent layoff 10.05 Notification of recall shall be entitled made by telephone first, then in writing by registered mail or courier, to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet last telephone number or address that the employee shall have recorded with the Union to discuss Company, and the reasons causing SEIU Labatt Representative shall be notified thereof. It shall be the layoff, the impact responsibility of the layoff employee to keep the Company and the employees to Union notified of his telephone number and address so that he may be laid off, and other related issuescontacted.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
LAY-OFF AND RECALL. 11.01 In the event of a staff reduction requiring a permanent or temporary 12.01 If layoff of any employee or employeesis anticipated, the Employer shall lay off on will meet to inform the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available workUnion as far in advance as is practical. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of will, whenever possible, give regular employees to be laid off.
11.03 If one or more employees are laid off for five (5) working days’ clear notice of lay-off. The Employer will notify the Plant Chairperson of all lay-offs. For purposes of this collective agreement, regular employee(s) shall be those employees who are actively at work on the date the lay-off notice is given. Employees who are absent because of vacation, Workers Compensation Leave, Short Term Disability Leave or fewer consecutive regular an approved Leave of Absence as per Article
15.01 will receive notice of lay-off. However, these absent employees will work days on which the employees would normally be scheduled five (5) day notice period upon their return to work, such layoff shall and it is agreed by the Union that no grievance may be on the basis of filed in these circumstances by other employees, including laid-off employees with greater seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the The Employer will use every reasonable effort to ensure that notify the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority Plant Chairperson first of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unitpending layoffs.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees The employee with the least seniority in the affected job classification shall be exercise their bumping rights as described below. An employee who does not have a valid forklift license cannot bump into a classification where a valid forklift license is required. The affected employee would bump to the first laid off. However, it is understood that they may be retained if next classification within Flowchart “A” with no other employees have the qualifications loss of recall rights to perform the available worktheir original position.
(b) Permanent employees The employee in the affected job classification who are subject is unable because of seniority to a permanent lay-off maintain his/her shift in his/her classification shall have displace the right lower seniority employee in his/her classification or the affected employee can elect to either:
i) accept displace the lay-off and be placed lowest seniority employee in the production classification on his/her shift seniority permitting. Employees electing to move to the production classification will maintain their recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according rights to Article 11.07 (c)their former position.
(c) Employees The employee in the affected job classification who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may is unable to maintain his/her classification because of seniority shall displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications lower seniority employee on his/her shift as follows:
i) their own classification; or
ii) another equal or lower classificationper Flowchart "A".
(d) While on temporary lay-off, The employee in the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or affected job classification who is deemed unable to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to maintain his/her rights under this section.
(f) Employees who have received a notice classification/Flowchart grouping on his/her shift because of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There seniority, shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of displace the lower classification at the step which most closely resembles her current rate of payseniority employee plant wide as per Flowchart "A".
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
LAY-OFF AND RECALL. 11.01 In Section 1. For the event purpose of a staff reduction requiring a permanent or temporary layoff of any employee or employeeslay-off and recall, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available workjob(s) concerned and seniority shall apply. Written notice or pay in lieu thereof shall be given in accordance The employee(s) with the Employment Standards Act. For a layoff least departmental seniority in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees department shall be the first full-time employee laid offoff in each department, and so on. HoweverEmployee(s) displaced from their classification(s) shall first be entitled to displace the junior employee in their department provided they are qualified to perform the work involved. Employee(s) not qualified to displace junior employees within their department shall be entitled to displace the junior employee in other departments, based upon Union seniority, provided they are qualified to perform the work involved. Upon recall, the last full-time employee laid off will be the first full-time employee recalled, providing such employee is qualified to perform the job in question, utilizing Union seniority. Temporary employees and probationary employees will be laid off prior to employees on the seniority list, unless the temporary or probationary employees have special skills not held by regular employees.
Section 2. An employee has fifteen (15) days to respond to a recall to work by certified mail. The fifteen (15) days will begin running when the Company makes its initial attempt to recall. Unless other arrangements are made, the recalled employee will have up to fifteen (15) days to return to work after responding to the Company’s offer. Failure to respond or return to work within the time limits outlined in this Section will result in a loss of seniority.
Section 3. The Company will meet with the MUC Committee to discuss any layoffs or reduction-in-force prior to implementation. The Company will notify the Union of any pending layoff or reduction-in-force as far in advance as possible. If a layoff is less than ninety (90) days in duration, the Company will pay its portion of the cost of fringe benefits during the layoff.
Section 4. For purposes of this Article, it is understood that they may be retained if no other employees have the an employee’s qualifications to perform a job will be based on relevant job-related criteria utilizing job Skills Assessment. The requisite skills, knowledge and ability to perform the available workrelevant tasks of the job may be determined through tests, licenses or certifications.
(b) Permanent employees who Section 5. The proposed creation of a new test, or the elimination or change of an existing test, shall first be discussed with the Local Unit Chairman with written notification provided to the Local Union President. If the parties aren’t able to agree on such new test or changes, the Union may file a grievance as to the reasonableness of the test as set forth in this Agreement.
Section 6. Employees on lay off are subject required to inform the Company of any address changes via Certified Mail.
Section 7. If a permanent laylaid-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received with recall rights, refuses a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-offreinstatement offer, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to forfeits his/her rights under this sectionUnion seniority.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 2 contracts
Sources: Collective Bargaining Agreement (Stillwater Mining Co /De/), Collective Bargaining Agreement (Stillwater Mining Co /De/)
LAY-OFF AND RECALL. 11.01 14.01 In the event that a reduction of a the nursing staff reduction requiring a permanent or temporary layoff of any employee or employeesis required, the Employer shall lay agrees that the most junior employee will be laid off on the basis of seniorityfirst, provided that the employees who remain are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer willing and have the qualifications, skills and ability to perform the work available. When recalling employees after layoff, those last to be laid off will be the first to be recalled provided that in each case, the employee is qualified and has the skill and ability to perform the work.
(a) The layoff and recall of registered nurses shall be separate and apart from the layoff and recall of registered practical nurses.
(b) Full-time layoff and recall shall be separate from part-time layoff and recall.
(c) Where a vacancy occurs in a position following a layoff hereunder, the affected employee will be offered the opportunity to return to her former position providing she has recall rights and is qualified, having the skill, ability, ability and qualifications required experience to perform the available work. Written notice or pay in lieu thereof Where the employee returns to her former position there shall be given no obligation to consider the vacancy under Article 13.01.
14.03 The Employer will endeavour to provide the Union with as much advance notice as possible of any permanent layoff. The Employer shall provide the employees with notice of permanent layoff in accordance with the Employment Standards Act, as amended from time to time. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing for the layoff.
14.04 Notice of recall shall be sent by registered mail to the employee’s last known address on file. The employee is solely responsible for her proper address being on record with the Employer. The employee must respond, in writing, to the impact notice within five (5) calendar days of mailing of same and shall be available for work within an additional seven (7) calendar days. In the layoff event that the employee declines or does not respond, she shall lose all seniority and the employees shall be considered to be laid off, and other related issueshave resigned her employment.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
LAY-OFF AND RECALL. 11.01 13.01 In the event of a staff reduction requiring layoff of a permanent or temporary layoff of any employee or employeeslong-term nature, the Employer employees shall lay be laid off on the a bargaining unit wide basis in reverse order of seniorityseniority within their classification, provided that the employees who are entitled to remain on the basis of seniority retained are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written The Employer will provide such employees with a minimum of twenty (20) days written notice, for lay-offs of a permanent or indefinite duration and ten (10) days written notice for temporary lay-offs, or pay payment in lieu thereof of notice. Written notices shall be given in accordance with hand-delivered to the employee(s) affected or sent by registered mail. For the purpose of this article, Temporary lay-off shall be as defined within the Employment Standards Act. For a layoff in excess of The Employer will provide the Union with at least ten (10) working daysdays notice prior to individual notices being given to employees affected. Following such notice to the union, the Employer shall provide will meet with the Bargaining Unit President union as soon as practicable to discuss the reasons for the layoff and to identify and explore alternatives to the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, abilityif any, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order explore ways to minimize the impact on affected staff.
13.02 Any reassignments outside of an employee’s program/department due to lay-offs or restructuring shall be done according to seniority preference within the same classification provided that the employee can perform the work. Employees designated for reassignment will submit their preferred choice (1st, 2nd, 3rd choice, etc.) for reassignment to the positions held by employees given notice of lay-off.
13.03 Full-time employee in receipt of notice of layoff of a permanent or long-term nature shall elect one of the temporary following options:
a) accept the layoff, or be transferred to relief status, or
b) be transferred to a vacant full-time position in any program/department if one is in existence, provided she has the qualifications, skill and ability to perform the work.
11.07 13.04 In the event of a reduction in that the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications employee does not elect to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off or to be transferred to relief status as per 13.03 a) above, and in the event that a full-time vacancy does not exist to which she elects to be placed on transferred to in accordance with article 13.03 b) above, and in the recall list;event that there is no junior employee in the same classification in any of the programs to which the employee can bump into, the employee may then elect to displace more junior employees in lower rated classifications in any program, provided that she possesses the qualifications, skill and ability to perform the work.
ii13.05 A regular part-time employee in receipt of notice of layoff of a permanent or long- term nature shall elect one of the following options:
a) accept the laylayoff, or be transferred to relief status, or
b) be transferred to a vacant part-offtime position in any program/department if one is in existence, accept severance if applicableprovided she has the qualifications, skill and forego recall;
iii) bump according ability to Article 11.07 (c)perform the work.
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace 13.06 In the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, event that the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to does not elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to accept the lay-off or recall to be transferred to relief status as per 13.05 a) above, and in the event that a part- time vacancy does not exist to which she elects to be transferred to in accordance with article 13.05 b) above, and in the event that there is no junior employee in the same classification in any of the programs to which the employee can bump into, the employee may then elect to displace more junior employees in lower rated classifications in any program, provided that she possesses the qualifications, skill and ability to perform the work.
13.07 An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of her intention to do so, in writing, within three (3) calendar days after receiving the notice of layoff. Failure to advise the Employer in writing within the three (3) day period shall be deemed to be acceptance of the lay-off by the Employee and a forfeiture of the right to transfer to relief status or to displace another employee. The 3-day notice period shall be extended for employees who can provide a reasonable explanation for not having advised the Employer within the required 3 day period provided that it does not unreasonably delay the process or interfere with collective agreement rights of other employees.
(a) An employee who has received notice 13.08 The cancellation of a permanent layoff full or partial shift shall not be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees deemed or interpreted to be laid a lay-off, and other related issues.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
LAY-OFF AND RECALL. 11.01 10.01 In the event case of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, Temporary Employees, if any, and then Probationary Employees, and then Permanent Employees shall be laid off by department, with the Employer and exception of skilled tradespersons whose services are mutually deemed to be essential for the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact efficient operation of the temporary layoff.
11.07 In Company. Laid off employees will be allowed to replace more junior employees in other departments provided the event employees exercising such rights have the skill and ability to do the job. Employees who exercise these rights would do so for the period of a reduction in the number of employees, a lay-off of staff shall only and their security in the original department would not be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available workaffected.
(b) Permanent 10.02 Except in the case of extreme emergency, the Company will give permanent employees who are subject to a permanent lay-be laid off shall have the right to either:
i) accept the lay-off and be placed notice on the recall list;
iibulletin boards three (3) accept the working days prior to lay-off. If the employee is on leave of absence, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace absent through sickness or on Worker’s Compensation at the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary time of lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employeesprovisions the same as if he/she were on active status.
(a) An 10.03 Any employee who has received notice is laid off or continues to be laid off in violation of seniority must present a permanent layoff shall be entitled claim, in writing, to receive up to ten the Human Resources Department within three (103) working days orientation from the date of notice of such employee's lay-off, otherwise it shall be deemed that compensation for time lost arising out of any wrongful lay-off is waived. The Company will promptly determine the merits of written claim and if it is found that the lay-off was unjust the affected employee will receive their straight time lost during such lay-off.
10.04 When rehiring takes place in any department, the reverse of Section 10.01 will be followed (i.e. laid off permanent employees will be recalled in order of their seniority within that department). In the event that additional employees are required by that department, then permanent laid off employees holding seniority in another department will be recalled in the job into order of their seniority. Permanent employees recalled to work in another department will not transfer their seniority rights to the department in which they are bumpingrecalled except as provided for in Section 11. Employees who hold top departmental seniority pursuant to Article 7.07, and who are laid off will be recalled in order of seniority.
(b) An employee who is being recalled from a permanent layoff 10.05 Notification of recall shall be entitled made by telephone first, then in writing by registered mail or courier, to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet last telephone number or address that the employee shall have recorded with the Union to discuss Company, and the reasons causing SEIU Labatt Representative shall be notified thereof. It shall be the layoff, the impact responsibility of the layoff employee to keep the Company and the employees to Union notified of his telephone number and address so that he may be laid off, and other related issuescontacted.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
LAY-OFF AND RECALL. 11.01 In (a) Where the event of Employer decides to lay-off an employee or discontinue a staff reduction requiring a permanent or temporary layoff bargaining unit position, the parties shall meet to discuss the implementation of any employee or employees, the lay-offs. The Employer shall lay off on consider the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs job classification of the Employer bargaining unit employees and shall lay-off the employee in that job classification with the least seniority provided the remaining employees have the skillskills, ability, qualifications and qualifications required ability to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President duties and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoffresponsibilities remaining.
11.02 The Employer will determine the timing (b) Employees whose positions are eliminated as a result of lay-offs shall be entitled to bump into any position in that job classification provided they have the skills, qualifications and the number of employees to be laid offability and have greater seniority.
11.03 If one (c) Vacancies or more employees are laid off for five (5) or fewer consecutive regular work days on which new positions created as the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event result of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basisfilled in accordance with Article 14, Job Postings.
11.06 (d) Prior to implementing a laying off any permanent lay-off, employee the Employer will ensure that all temporary employees in that job classification have been laid off provided the permanent employee has the skills, qualifications and ability to perform the Union must attempt job with reasonable orientation. Reasonable orientation is defined as a period of familiarization not to place affected employees within the organization. Prior to implementing a temporary layoff exceed thirty (30) days in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoffduration.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees If the Employer decides to re-institute a position the Employer shall be recall the first laid off. Howevermost senior qualified employee in that job classification on lay-off first, it is understood provided that they may be retained if no other employees have employee has the skills, qualifications and ability to perform the available workjob with reasonable training as defined in 13.01 (d).
(b) Permanent No new employees who will be hired while any employees in that job classification are subject to a permanent on lay-off shall have provided that the right to either:
i) accept the employee on lay-off has the skills, qualifications and be placed on ability to perform the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 job with reasonable orientation as defined in 13.01 (cd).
(c) Employees who are permanently laid off or who are temporarily laid off shall remain on the recall list for a period greater than five of twelve (512) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classificationmonths.
(d) While on temporary lay-offIf an employee is recalled, the employee is entitled to receive those benefits as outlined shall have no interruption in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit planstheir seniority.
(e) The Employees shall be notified of recall by registered mail to their last known address on record with PATH upon receipt of recall notice employees shall have seven (7) working days to return to work or provide satisfactory reasons for not returning within this period.
13.3 Employees being laid off employee shall make receive a commitment to work the same proportion minimum of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this sectionone (1) month's notice of lay-off.
(f) 13.4 Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled eligible to receive up benefits at their expense for the first six (6) months of lay-off, subject to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact provisions of the layoff and the employees to be laid off, and other related issuesbenefit plan provider.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 6.01 In lay-offs and recall from a lay-off, seniority shall be the only consideration subject to the employee's ability to sufficiently perform the remaining job(s).
6.02 In cases of lay-off, continuous service shall remain unbroken and continue to accumulate for a period of time equal to the length of continuous service at time of lay-off, but in no event less than three (3) nor more than six (6) years. The Employer shall recall employees in reverse order of a staff reduction requiring a permanent or temporary layoff the lay-off. A recall notice shall be sent by registered mail to the employee's last known address. The notice shall indicate the position being recalled to and the expected recall date. Employees must keep the Employer informed of any employee or employeeschange of address.
6.03 An Employee must, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of within ten (10) working daysdays of receiving the notification of recall, inform the Employer of the acceptance of the recall. An individual who is recalled, and who is unable to report for work on the date indicated in the recall notice because of sickness or accident or extenuating circumstances and who provides the Employer with satisfactory evidence on or before the specified date shall provide not lose his or her recall rights solely because of failure to report. An employee does not have to accept a recall notice from a different District or National office from which the Bargaining Unit President employee was laid-off.
6.04 Each District and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing National Office shall be considered as a separate seniority unit for purposes of lay-offs and the number of employees to be laid offrecalls after lay-offs.
11.03 If one (a) The Director of the National Office and District concerned shall give the Union as much advance notice as possible regarding any transfers, closing of offices, lay- offs or more employees are laid off for five (5) any other changes which adversely affects the rights of the employees, or fewer consecutive regular work days on which the employees would normally be scheduled to hours of work, such layoff shall be on or their wages or working conditions.
(b) In the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed event that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of foresees a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent general lay-off, the Employer and parties to this agreement shall meet for the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order purpose of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize reducing the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, said lay-off. The Employer agrees to make every reasonable attempt to prevent any negative impact created by a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off If a member is offered a transfer beyond eighty (80) kilometres and chooses not to accept the transfer, said member may first exercise his or who are temporarily laid off for her right to bump or elect to be laid-off. A transfer is defined as a period greater move to any other office than five (5) days may displace the least senior employee, who has not received a lay-off notice, that in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal she or lower classificationhe currently works.
(d) While on temporary lay-off, In the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary event any lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced occurs, an employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received given a notice minimum of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.three
Appears in 1 contract
Sources: Collective Bargaining Agreement
LAY-OFF AND RECALL. 11.01 In Section 1 All bargaining unit classifications and positions shall be filled by employees of the event Board.
Section 2 If it becomes necessary to reduce the number of employees in a staff reduction requiring a permanent job classification due to abolishment of positions, lack of funds, or temporary layoff lack of any employee or employeeswork, the Employer following procedures shall lay govern such lay-off.
A) The number of people affected by reduction in the force will be kept to a minimum by not employing replacements in so far as practical for employees who resign, retire or otherwise vacate a position.
B) Whenever it becomes necessary to lay-off on employees by reasons stated above, affected employees shall be laid off according to seniority within the basis classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of continuous service within the classification, computed from the latest date of hire or transfer into the classification. Authorized leave of absence does not constitute an interruption in continuous service. In cases of identical seniority, provided that the employees who are entitled Administration and the Association shall meet to remain on the basis determine a fair and equitable means of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof deciding which employee shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall laid off first.
Section 3 The Administration agrees to provide the Bargaining Unit Local #751 President and the Labour Relations Officer and affected employees with eight (8) weeks written notice a seniority list by September 1 of layoffeach year.
11.02 Section 4 The Employer will Board of Education shall determine in which classification the timing of lay-offs off should occur and the number of employees to be laid-off. In the classification of lay-off, employees on probation shall be laid off before any employees in that classification employed under a continuing Contract is laid off.
11.03 If one or more employees are laid off for five Section 5 Twenty (520) or fewer consecutive regular work days on which prior to the employees would normally be scheduled to work, such layoff shall be on the basis effective date of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer Board of Education shall prepare and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff post for inspection in a department/unitconspicuous place a list containing name, employees shall first be offered, in order of seniority, the opportunity date and classifications and indicate which employees are to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may Each employee lay off shall be retained if no other employees have given advance notice of the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off. Each notice of lay-off shall have state the right to eitherfollowing:
ia) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off Reasons for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employeesreduction.
(ab) An The effective date of lay-off.
Section 6 For the classifications in which the lay-off occurs the Board shall prepare a reinstatement list and name all employees employed under probationary Contracts. They shall be placed on the reinstatement list in the reverse order of the lay-off. The name of employees employed under the continuing Contract status of employment shall be placed on a separate reinstatement list in reverse order of lay-off. Reinstatement shall be made from this list before any new employees are hired in classification or any employee is reinstated from the probationary list.
Section 7 Vacancies which occur in the classification of lay-off shall be offered to and declined, in writing, by the employees standing highest on the lay-off list before the next person on the list may be considered. Any employee who has received notice of a permanent layoff declines reinstatement shall be entitled to receive up to ten (10) working days orientation in removed from the job into which they are bumpingreinstatement name list.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Custodial Negotiated Agreement
LAY-OFF AND RECALL. 11.01 Section 1. For the purpose of lay-off and recall, qualifications to perform the job(s) concerned and seniority shall apply. The employee(s) with the least seniority in the affected classification within the department shall be the first full-time employee laid off in each department, and so on. Employee(s) displaced from their classification(s) shall first be entitled to displace the junior employee in their department provided they are qualified to perform the work involved. Employee(s) not qualified to displace junior employees within their department shall be entitled to displace the junior employee in other departments, based upon Union seniority, provided they are qualified to perform the work involved. Upon recall, the last full-time employee laid off will be the first full-time employee recalled, providing such employee is qualified to perform the job in question, utilizing Union seniority. Temporary employees and probationary employees will be laid off prior to employees on the seniority list, unless the temporary or probationary employees have special skills not held by regular employees.
Section 2. An employee has fifteen (15) days to respond to a recall to work by certified mail. The fifteen (15) days will begin running when the Company makes its initial attempt to recall. Unless other arrangements are made, the recalled employee will have up to fifteen (15) days to return to work after responding to the Company’s offer. Failure to respond or return to work within the time limits outlined in this Section will result in a loss of seniority.
Section 3. The Company will meet with the MUC Committee to discuss any layoffs or reduction-in-force prior to implementation. The Company shall notify the Union of any pending layoff or reduction-in-force as far in advance as possible. In the event of a staff reduction requiring a permanent or temporary short-term layoff of any employee or employees(less than ninety (90) days in duration), the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs Company will maintain its portion of the Employer and have the skill, ability, and qualifications required cost to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of maintain Company benefits during said layoff.
11.02 The Employer will determine the timing Section 4. For purposes of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. Howeverthis Article, it is understood that they may be retained if no other employees have the an employee’s qualifications to perform a job will be based on any relevant job-related criteria, utilizing established Job Classification — Task Proficiency Matrices. The requisite skills, knowledge and ability to perform the available workrelevant tasks of the job may be determined through tests, licenses or certifications.
(b) Permanent employees who Section 5. If a new test is to be created or an existing test changed or eliminated, the company will first work with the Union President and the Chief ▇▇▇▇▇▇▇ of the affected department to reach mutual agreement on the new test. If the parties aren’t able to agree on such new test or changes, the Union may file a grievance as to the reasonableness of the test as set forth in this Agreement.
Section 6. Employees on lay off are subject required to inform the Company of any address changes via Certified Mail.
Section 7. If a permanent laylaid-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received with recall rights, refuses a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-offreinstatement offer, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to forfeits his/her rights under this sectionUnion seniority.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Stillwater Mining Co /De/)
LAY-OFF AND RECALL. 11.01 In the event that a reduction of a the staff reduction requiring a permanent or temporary layoff of any employee or employeesis required, the Employer shall lay agrees that the most junior employee will be laid off on the basis of seniorityfirst, provided that the employees who remain are entitled to remain on willing and are qualified having the basis of seniority are able to meet the operational needs of the Employer skill and have the skill, ability, and qualifications required ability to perform the available work available. When recalling employees after layoff, those last to be laid off will be the first to be recalled provided that in each case, the employee is qualified and has the skill and ability to do the work. Written notice or pay in lieu thereof The layoff and recall of registered nurses shall be given in accordance with separate and apart from the Employment Standards Actlayoff and recall of administrative staff. For a Full-time layoff in excess shall be separate from part-time layoff. ▇▇▇▇▇▇ and recall of ten (10) working days, shift nurses shall be separate and apart from the Employer shall provide the Bargaining Unit President layoff and the Labour Relations Officer and affected employees with eight (8) weeks written notice recall of layoff.
11.02 visiting nurses. The Employer will determine not hire any new employee to fill a vacancy where there is an employee on layoff who is qualified to do the timing of lay-offs work available. Where a vacancy occurs in a position following a layoff hereunder the affected employee will be offered the opportunity to return to former position providing has seniority rights and the number of employees employee hasthe to perform the work available. Where the employee returns to former position there shall be laid off.
11.03 If one or more employees are laid off for five no obligation to consider the vacancy under Article Where the employee refusesthe opportunity to returnto former positionthe employee shall advise the Employer in writing, within (5) days of receiving notification. A laid off employee may accept a temporary assignment or fewer consecutive regular work days on which the employees would normally be scheduled apply for a part- time job posting without relinquishing recall rights. The employer shall endeavour to work, such layoff shall be on the basis of seniority, provided the employee is able provide reasonable notice to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layofflayoffs and staff displacements. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of proposed layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in or long term nature, the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to will meet with the Union union to discuss review the following: the reasons causing ▇▇▇▇▇▇; the service which the Employer will undertake after the layoff; the method of implementation, the impact including areas of the layoff cutback and the employees to be laid off. When the process for nursing gets triggered by the DurhamAccess to Care, the employer will inform the Union of the timelines and other related issuesthe areas affected.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 13.01 In the event of a staff reduction requiring layoff of a permanent or temporary layoff of any employee or employeeslong term nature, the Employer employees shall lay be laid off on the a bargaining unit wide basis in reverse order of seniorityseniority within their classification, provided that the employees who are entitled to remain on the basis of seniority retained are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written The Employer will provide such employees with a minimum of twenty (20) days written notice, for lay-offs of a permanent or indefinite duration and ten (10) days written notice for temporary lay-offs, or pay payment in lieu thereof of notice. Written notices shall be given in accordance with hand-delivered to the employee(s) affected or sent by registered mail. For the purpose of this article, Temporary lay-off shall be as defined within the Employment Standards Act. For a layoff in excess of The Employer will provide the Union with at least ten (10) working daysdays notice prior to individual notices being given to employees affected. Following such notice to the union, the Employer shall provide will meet with the Bargaining Unit President union as soon as practicable to discuss the reasons for the layoff and to identify and explore alternatives to the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, abilityif any, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order explore ways to minimize the impact on affected staff.
13.02 Any reassignments outside of an employee’s program/department due to lay-offs or restructuring shall be done according to seniority preference within the same classification provided that the employee can perform the work. Employees designated for reassignment will submit their preferred choice (1st, 2nd, 3rd choice, etc.) for reassignment to the positions held by employees given notice of lay-off.
13.03 Full-time employee in receipt of notice of layoff of a permanent or long-term nature shall elect one of the temporary following options:
a) accept the layoff, or be transferred to relief status, or
b) be transferred to a vacant full-time position in any program/department if one is in existence, provided she has the qualifications, skill and ability to perform the work.
11.07 13.04 In the event of a reduction in that the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications employee does not elect to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off or to be transferred to relief status as per 13.03 a) above, and in the event that a full-time vacancy does not exist to which she elects to be placed on transferred to in accordance with article 13.03 b) above, and in the recall list;event that there is no junior employee in the same classification in any of the programs to which the employee can bump into, the employee may then elect to displace more junior employees in lower rated classifications in any program, provided that she possesses the qualifications, skill and ability to perform the work.
ii13.05 A regular part-time employee in receipt of notice of layoff of a permanent or long- term nature shall elect one of the following options:
a) accept the laylayoff, or be transferred to relief status, or
b) be transferred to a vacant part-offtime position in any program/department if one is in existence, accept severance if applicableprovided she has the qualifications, skill and forego recall;
iii) bump according ability to Article 11.07 (c)perform the work.
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace 13.06 In the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, event that the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to does not elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to accept the lay-off or recall to be transferred to relief status as per 13.05 a) above, and in the event that a part- time vacancy does not exist to which she elects to be transferred to in accordance with article 13.05 b) above, and in the event that there is no junior employee in the same classification in any of the programs to which the employee can bump into, the employee may then elect to displace more junior employees in lower rated classifications in any program, provided that she possesses the qualifications, skill and ability to perform the work.
13.07 An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of her intention to do so, in writing, within three (3) calendar days after receiving the notice of layoff. Failure to advise the Employer in writing within the three (3) day period shall be deemed to be acceptance of the lay-off by the Employee and a forfeiture of the right to transfer to relief status or to displace another employee. The 3 day notice period shall be extended for employees who can provide a reasonable explanation for not having advised the Employer within the required 3 day period provided that it does not unreasonably delay the process or interfere with collective agreement rights of other employees.
(a) An employee who has received notice 13.08 The cancellation of a permanent layoff full or partial shift shall not be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees deemed or interpreted to be laid a lay-off, and other related issues.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 SECTION 1. For the purpose of lay-off and recall, qualifications to perform the job(s) concerned and seniority shall apply. The employee(s) with the least departmental seniority in the affected classification within the department shall be the first full-time employee laid off in each department, and so on. Employee(s) displaced from their classification(s) shall first be entitled to displace the junior employee in their department provided they are qualified to perform the work involved. Employee(s) not qualified to displace junior employees within their department shall be entitled to displace the junior employee in other departments, based upon Union seniority, provided they are qualified to perform the work involved. Upon recall, the last full-time employee laid off will be the first full-time employee recalled, providing such employee is qualified to perform the job in question, utilizing Union seniority. Temporary employees and probationary employees will be laid off prior to employees on the seniority list, unless the temporary or probationary employees have special skills not held by regular employees.
SECTION 2. An employee has fifteen (15) days to respond to a recall to work by certified mail. The fifteen (15) days will begin running when the Company makes its initial attempt to recall. Unless other arrangements are made, the recalled employee will have up to fifteen (15) days to return to work after responding to the Company's offer. Failure to respond or return to work within the time limits outlined in this Section will result in a loss of seniority.
SECTION 3. The Company will meet with the MUC Committee to discuss any layoffs or reduction-in-force prior to implementation. The Company shall notify the Union of any pending layoff or reduction-in-force as far in advance as possible. In the event of a staff reduction requiring a permanent or temporary short-term layoff of any employee or employees(less than ninety (90) days in duration), the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs Company will maintain its portion of the Employer and have the skill, ability, and qualifications required cost to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of maintain Company benefits during said layoff.
11.02 The Employer will determine the timing SECTION 4. For purposes of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. Howeverthis Article, it is understood that they may be retained if no other employees have the an employee's qualifications to perform a job will be based on any relevant job-related criteria, utilizing established Job Classification - Task Proficiency Matrices. The requisite skills, knowledge and ability to perform the available workrelevant tasks of the job may be determined through tests, licenses or certifications.
(b) Permanent employees who SECTION 5. The proposed creation of a new test, or the elimination or change of an existing test, shall first be discussed with the area Chief ▇▇▇▇▇▇▇ of the affected department. If the parties aren't able to agree on such new test or changes, the Union may file a grievance as to the reasonableness of the test as set forth in this Agreement.
SECTION 6. Employees on lay off are subject required to inform the Company of any address changes via Certified Mail.
SECTION 7. If a permanent laylaid-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received with recall rights, refuses a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-offreinstatement offer, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to forfeits his/her rights under this sectionUnion seniority.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Stillwater Mining Co /De/)
LAY-OFF AND RECALL. 11.01 Layoffs shall include any significant reduction in regularly scheduled daily or bi-weekly hours of any full-time or part-time (exclusive of casual) employee. In the event of a staff reduction requiring proposed layoff at the Hospital of a permanent or temporary layoff of any employee or employeeslong term nature, the Employer shall lay off on Hospital will
(a) provide the basis Union with no less than sixty (60) calendar days notice of senioritysuch layoff, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs and
(b) normally within 14 days of the Employer notice provided to the Union in Article 11.01 (a), the parties will meet through the Labour Management Committee to review the following:
i) the reason causing the layoff ii) the service the Hospital will undertake after the layoff iii) identify and have recommend possible alternatives to the skillproposed layoffs or elimination of positions iv) the method of implementation including the areas of cut-back and employees to be laid off. In the event of a substantial bed cut-back or cut-back in service, abilitythe Hospital will provide the Union with sixty (60) days notice. If requested, the Hospital will meet with the Union through the Labour Management committee to review the reasons and qualifications required to perform expected duration of the available workbed cut-back or cut-back in service, any realignment of service or staff and its effect on employees in the bargaining unit. Written notice or pay The Labour Management Committee will constitute the local Redeployment Committee. An agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over other terms of layoff in lieu thereof this agreement. Notice of layoff shall be given in accordance with the provisions of the Employment Standards Act. For a layoff in excess Further to the requirements of ten (10) working daysthe Employment Standards Act, the Employer Employees with 9 years of service shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees receive 9 weeks notice Employees with eight (8) 10 years of service shall receive 10 weeks written notice Employees with 11 years of layoff.service shall receive 11 weeks notice Employees with 12 years of service shall receive 12 weeks notice
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction layoff, the Hospital shall layoff employees in the number reverse order of employeestheir seniority within their classification, a lay-off of staff shall be based providing that there remain on the following provisions:
(a) Probationary job employees shall be the first laid off. However, it is understood that they may be retained if no other employees who then have the qualifications ability to perform the available work.
(b) Permanent employees . An employee who are is subject to a permanent lay-off layoff shall have the right to either:
i(a) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).layoff; or
(cb) Employees displace an employee who are permanently laid off or has lesser bargaining unit seniority and who are temporarily laid off for a period greater than five (5) days may displace is the least senior employeeemployee in the same or a lower, who has not received a lay-off notice, or identical paying classification in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 bargaining unit if the employee was in receipt originally subject to layoff can perform the duties of such benefits prior to being laid-the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. An employee who so elects or who is deemed chooses to elect exercise the right to continue to participate in displace another employee with lesser seniority shall advise the said benefit plans during the temporary lay-off shall pay to the Employer Hospital of his or her monthly contribution owing by intention to do so and the first position claimed within seven (7) days after receiving the notice of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 6.01 In lay-offs and recall from a lay-off, seniority shall be the only consideration subject to the employee's ability to sufficiently perform the remaining job(s).
6.02 In cases of lay-off, continuous service shall remain unbroken and continue to accumulate for a period of time equal to the length of continuous service at time of lay-off, but in no event less than three (3) nor more than six (6) years. The Employer shall recall employees in reverse order of a staff reduction requiring a permanent or temporary layoff the lay-off. A recall notice shall be sent by registered mail to the employee's last known address. The notice shall indicate the position being recalled to and the expected recall date. Employees must keep the Employer informed of any employee or employeeschange of address.
6.03 An Employee must, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of within ten (10) working daysdays of receiving the notification of recall, inform the Employer of the acceptance of the recall. An individual who is recalled, and who is unable to report for work on the date indicated in the recall notice because of sickness or accident or extenuating circumstances and who provides the Employer with satisfactory evidence on or before the specified date shall provide not lose his or her recall rights solely because of failure to report. An employee does not have to accept a recall notice from a different District or National office from which the Bargaining Unit President employee was laid-off.
6.04 Each District and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing National Office shall be considered as a separate seniority unit for purposes of lay-offs and the number of employees to be laid offrecalls after lay-offs.
11.03 If one (a) The Director of the National Office and District concerned shall give the Union as much advance notice as possible regarding any transfers, closing of offices, lay- offs or more employees are laid off for five (5) any other changes which adversely affects the rights of the employees, or fewer consecutive regular work days on which the employees would normally be scheduled to hours of work, such layoff shall be on or their wages or working conditions.
(b) In the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed event that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of foresees a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent general lay-off, the Employer and parties to this agreement shall meet for the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order purpose of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize reducing the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, said lay-off. The Employer agrees to make every reasonable attempt to prevent any negative impact created by a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently If a member is offered a transfer beyond eighty (80) kilometers and chooses not to accept the transfer, said member may first exercise his or her right to bump or elect to be laid off off. A transfer is defined as a move to any other office than that in which he or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classificationshe currently works.
(d) While on temporary lay-off, In the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary event any lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced occurs, an employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received given a notice minimum of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.three
Appears in 1 contract
Sources: Collective Bargaining Agreement
LAY-OFF AND RECALL. 11.01 Section 1. For the purpose of lay-off and recall, qualifications to perform the job(s) concerned and seniority shall apply. The employee(s) with the least departmental seniority in the affected classification within the department shall be the first full-time employee laid off in each department, and so on. Employee(s) displaced from their classification(s) shall first be entitled to displace the junior employee in their department provided they are qualified to perform the work involved. Employee(s) not qualified to displace junior employees within their department shall be entitled to displace the junior employee in other departments, based upon Union seniority, provided they are qualified to perform the work involved. Upon recall, the last full-time employee laid off will be the first full-time employee recalled, providing such employee is qualified to perform the job in question, utilizing Union seniority. Temporary employees and probationary employees will be laid off prior to employees on the seniority list, unless the temporary or probationary employees have special skills not held by regular employees.
Section 2. An employee has fifteen (15) days to respond to a recall to work by certified mail. The fifteen (15) days will begin running when the Company makes its initial attempt to recall. Unless other arrangements are made, the recalled employee will have up to fifteen (15) days to return to work after responding to the Company’s offer. Failure to respond or return to work within the time limits outlined in this Section will result in a loss of seniority.
Section 3. The Company will meet with the MUC Committee to discuss any layoffs or reduction-in-force prior to implementation. The Company shall notify the Union of any pending layoff or reduction-in-force as far in advance as possible. In the event of a staff reduction requiring a permanent or temporary short-term layoff of any employee or employees(less than ninety (90) days in duration), the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs Company will maintain its portion of the Employer and have the skill, ability, and qualifications required cost to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of maintain Company benefits during said layoff.
11.02 The Employer will determine the timing Section 4. For purposes of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. Howeverthis Article, it is understood that they may be retained if no other employees have the an employee’s qualifications to perform a job will be based on any relevant job-related criteria, utilizing established Job Classification – Task Proficiency Matrices. The requisite skills, knowledge and ability to perform the available workrelevant tasks of the job may be determined through tests, licenses or certifications.
(b) Permanent employees who Section 5. The proposed creation of a new test, or the elimination or change of an existing test, shall first be discussed with the Union President and Chief S▇▇▇▇▇▇ of the affected department. If the parties aren’t able to agree on such new test or changes, the Union may file a grievance as to the reasonableness of the test as set forth in this Agreement.
Section 6. Employees on lay off are subject required to inform the Company of any address changes via Certified Mail.
Section 7. If a permanent laylaid-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received with recall rights, refuses a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-offreinstatement offer, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to forfeits his/her rights under this sectionUnion seniority.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Stillwater Mining Co /De/)
LAY-OFF AND RECALL. 11.01 A. All lay offs and recalls provided for herein are intended to be in accordance with all applicable laws and regulations, including, without limitation, the WARN Act and Federal Transit Authority regulations.
B. In the event of a staff reduction requiring a permanent or temporary layoff of any employee or employeessystem-wide lay off, the Employer shall lay off on determine which positions are to be reduced, utilizing the basis of seniority, provided that the employees who are entitled to remain on the basis principle of seniority as set forth herein to determine which employees under such reduced position categories are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid C. Following a lay off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union in accordance with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the Employer may offer laid off Regular Full-time Bus Operators the opportunity for reassignment to take vacation day(s)any available assignment including the Extra Board if available.
D. The Employer shall give affected employees the maximum amount of notice practicable, utilize any compensating/lieu and in no case less than thirty (30) calendar days notice, prior to the effective date of such designated lay offs.
E. In the case of a lay off a break in service will be defined as one (1) year.
F. Seniority for benefits and pay adjustment purposes shall not accrue during lay offs exceeding thirty (30) days.
G. All recalls shall be implemented without consideration of part-time or take unpaid leaves in order to minimize the impact full- time status as shifts become available. Except as otherwise provided for herein, refusal of any proper offer of recall shall be considered a voluntary resignation of the temporary layoffemployee so refusing.
11.07 In the event H. Employees laid off in excess of a reduction thirty (30) days shall be required to satisfy all eligibility requirements of newly hired employees. County retirement accounts will be handled based on their individual legal requirements in any rehire situation.
I. Seniority ranking for purposes of shift selection and job bidding shall remain unchanged for anyone recalled within one year of lay off.
J. The Employer shall recall employees in the number reverse order of employees, a laylay off. The Employer may offer laid off Regular Full-off of staff time Bus Operators the opportunity for reassignment to any available assignment including the Extra Board if available. Any employee who will not accept such reassignment shall be based on the following provisions:deemed to have waived their seniority ranking for all recall and job bid purposes, and shall not be entitled to continued priority in that regard.
(a) Probationary employees K. Notice of recall shall be sent to the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off employees at their last known address by registered or who are temporarily laid certified mail. Laid off for a period greater than five (5) days may displace employees must notify the least senior employee, who has not received a lay-off notice, Transit Operations Manager or in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-offabsence of, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights Transit Director within ten (10) calendar days of notification the notice being mailed of their layoff.
(g) There shall be no bumping up.
(h) Intention intent to exercise any return to work. It is the employee’s responsibility to keep the Employer informed of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles his or her current rate of payaddress.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Bargaining Agreement
LAY-OFF AND RECALL. 11.01 (a) In the event cases of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary from lay-off, the employee is entitled with the greatest seniority, provided that he/she has the skill and ability to receive those benefits as outlined in Article 15.02 if perform the employee was in receipt of such benefits prior required work, shall be the last to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject and conversely the first to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the recalled from lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.off
(b) An employee who is being recalled from In the event of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to notify and meet with the Union to discuss the reasons causing the layoff, the impact effects of the layoff and consider possible alternatives to the layoff prior to notifying the effected employees.
(c) In the event of reduction in the regular hours of work, the affected employees may exercise their seniority rights to bump the least senior employee in their classification, it being understood that such employee will be required to work the shift and perform the work of the displaced employee. Employees whose positions are eliminated due to a reduction in the workforce may exercise their seniority rights to bump the least senior employee in their classification, on their shift. If the laid off employee has no option to bump on their shift or is not qualified to bump on their shift, the said employee may bump the least senior employee on the next available shift or alternately opt for lay-off. For this purpose, Day shift shall be a shift scheduled to start between 6:00 a.m. and 2:00 p.m., Afternoon shift shall be a shift scheduled to start between 2:00 p.m. and 10:00 p.m. and Night shift shall be a shift scheduled to start at or after 10:00 p.m. It is understood and agreed that an employee exercising their right to bump a less senior employee shall assume the shift, duties and applicable pay rate of the position which he or she is taking over.
(d) If know by the Employer, employees will be provided with a minimum of seven (7) days notice of layoff or pay in lieu thereof.
(e) In all cases of layoff probationary employees shall be laid off, and other related issuesoff before employees who have attained seniority.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 Due to the irregular and sporadic nature of the Weekend work arrangement, employ- ees will not be entitled to notice of lay-off. However, Weekend employees will be given the opportunity to work based on their sen- iority standing within the Weekend workforce. In the case of long-term lay-off of 3 months or longer, company wide sen- iority will apply permitting weekend work force employees to bump back into the regular Monday to Friday work force. In clarification of Item 7 of schedule “D”, the following represents the agreed interpreta- tion of the meaning of “weekend employ- ees will be given the opportunity to work based on their seniority standing within the weekend workforce”.
1. On the renewal of the Collective Agree- ment which expires June 30, 1999, all current weekend employees will be given the initial opportunity to select the available jobs and shift on the weekend work schedule based on their seniority within the weekend workforce and sub- ject to the necessary skills and ability
2. Once assigned as per above, weekend employees are expected to report to their assigned jobs and shift unless can- celled by the Company one telephone call to the telephone number which the employee has most recently recorded with the Company will suffice for the purpose of cancellation.
3. In the event of cancellation no report- ing pay is owed.
4. Cancellation will be on the basis of the least senior weekend employee in the classification and shift affected based on the employee’s seniority in the week- end workforce.
5. On the renewal of the Collective Agree- ment, weekend employees and the Company will agree in writing which jobs the weekend employees have dem- onstrated the skills and ability to perform and which the employees prefer to per- form in the event of lack of work. The list of jobs indicated will be updated quarterly thereafter.
6. In the event a weekend employee has not been cancelled and there is not suf- ficient work in his/her assigned job on reporting to work, the Company will as- sign the weekend employee to any avail- able job on the same shift for which the weekend employee has expressed a preference under item 5 subject to the weekend employee’s seniority in the weekend work force. If no such job is available, reporting pay will be owed,
7. In the event of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off vacancy on the basis of seniority, provided that week- end work schedule subsequent to the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to workinitial assignments under item 1 above, such layoff shall vacancy will be on posted under the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoffcollective agreement. The seniority list shall also include the name and classification successful applicant will then come under items 2 through 6 of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employeethis clarification. The displaced employee shall be laid off subject to suc- cessful applicant will indicate in writing his/her rights under this section.
(f) Employees who have received a notice job preferences as per item 5 at - 70 - the time of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification his/her selection which pref- erences will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of payupdated quarterly also.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 The Board recognizes the principle that job security should increase with the length of continuous service with the Calgary Board of Education. In the event that a reduction of a staff reduction requiring a permanent or temporary layoff of any employee or employeesProfessional Support Staff is necessary, the Employer Board will seek to effect this reduction through attrition. When lay-off of permanent employees becomes necessary, the Board shall lay off retain employees on the basis of firstly, position description and secondly, seniority. Staff Association Permanent employees laid off pending recall shall be given six (6) weeks notice, provided that in writing, or four (4) weeks’ salary in lieu of notice. The employee who is laid off shall submit a present address and telephone number to Human Resources. Employees laid off in accordance with this Article shall retain recall rights for a period of one (Iy)ear the employees who are entitled to remain date of actual lay-off. Employees shall be recalled on the basis of seniority are able firstly, position description and secondly, seniority. The Board will attempt to meet first notify employees being recalled by phone, but in any case! employees being recalled will be notified by registered to the operational needs employees last known address on file (a copy of such notice shall be sent to the Association). The recalled shall notify the Board of their intent within five (5) working days from the date of receipt of the Employer and have notice as determined by the skill, ability, and qualifications required to perform records of registration. Recalled employees who do not notify the available work. Written notice or pay in lieu thereof Board within the aforementioned time frame shall be deemed to have terminated their employment with the Board. Laid off employees may be given consideration for positions other than those which they occupied at time of layoff, provided such employees are, in the opinion of the Board, qualified for those positions. PAY DAY Pay day shall be every second Friday. Each pay period, employees shall receive a statement showing deductions ▇▇▇ adjustments and their pay shall be deposited into the employee’s bank account. If a pay day falls on a general holiday, then the pay day shall be the preceding business day. For purposes of this clause, “business day” shall mean any day between Monday and Friday, inclusive, which is not a statutory holiday. Ten (IO) month employees shall receive an annual salary divided into twenty-two (22) equal pays, the first of which shall occur at the end of the pay period in which the first day worked for the new school year has taken place. Association SALARY GRIDS The applicable salary grades for positions covered by this Agreement in Appendix are attached. Employees shall be paid in accordance with the Employment Standards Act. For a layoff applicable rates of pay in excess of ten (10) working days, Appendix New employees normally start at the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs minimum of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees salary range in the bargaining unitappropriate salary grades. However, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off past relevant experience will be considered permanent after thirteen (13) weeks, otherwise, lay-off in establishing the employee’s starting salary. Relevant experience will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer when experience Is in an identical or very similar type of work and the Union must attempt to place affected employees within the organizationfollowing appropriate certification. Prior to implementing a temporary layoff Rates other than those listed in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they Appendix may be retained if no other employees have the qualifications to perform the available workestablished only by mutual agreement of both parties.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 13.01 In the event of a staff reduction requiring layoff of a permanent or temporary layoff long-term nature, employees shall be laid off in reverse order of any employee or employees, seniority within the Employer shall lay off on the basis of seniorityaffected Division and classification, provided that the employees who are entitled to remain on the basis of seniority retained are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written The Employer will provide such employees with a minimum of twenty (20) days written notice, for lay-offs of a permanent or indefinite duration and ten (10) days written notice for temporary lay-offs, or pay payment in lieu thereof of notice. Written notices shall be given in accordance with hand- delivered to the employee(s) affected or sent by registered mail. For the purpose of this article, Temporary lay-off shall be as defined within the Employment Standards Act. For a layoff in excess of The Employer will provide the Union with at least ten (10) working daysdays notice prior to individual notices being given to employees affected. Following such notice to the union, the Employer shall provide will meet with the Bargaining Unit President union as soon as practicable to discuss the reasons for the layoff and to identify and explore alternatives to the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, abilityif any, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order explore ways to minimize the impact on affected staff.
13.02 Any reassignments outside of an employee’s program/department due to lay-offs or restructuring shall be done according to seniority preference within the same classification provided that the employee can perform the work. Employees designated for reassignment will submit their preferred choice (1st, 2nd, 3rd choice, etc.) for reassignment to the positions held by employees given notice of lay-off.
13.03 Full-time employee in receipt of notice of layoff of a permanent or long-term nature shall elect one of the temporary following options:
a) accept the layoff, or be transferred to relief status, or
b) be transferred to a vacant full-time position in any program/department if one is in existence, provided they have the qualifications, skill and ability to perform the work.
11.07 13.04 In the event of a reduction in that the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications employee does not elect to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off or to be transferred to relief status as per 13.03 a) above, and in the event that a full-time vacancy does not exist to which they elects to be placed on transferred to in accordance with article 13.03 b) above, and in the recall list;event that there is no junior employee in the same classification in any of the programs to which the employee can bump into, the employee may then elect to displace more junior employees in lower rated classifications in any program, provided that they possess the qualifications, skill and ability to perform the work.
ii13.05 A regular part-time employee in receipt of notice of layoff of a permanent or long- term nature shall elect one of the following options:
a) accept the laylayoff, or be transferred to relief status, or
b) be transferred to a vacant part-offtime position in any program/department if one is in existence, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which provided they have the required skillsqualifications, skill and ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classificationto perform the work.
(d) While on temporary lay-off, 13.06 In the event that the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to does not elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to accept the lay-off or recall to be transferred to relief status as per 13.05 a) above, and in the event that a part-time vacancy does not exist to which they elect to be transferred to in accordance with article 13.05 b) above, and in the event that there is no junior employee in the same classification in any of employeesthe programs to which the employee can bump into, the employee may then elect to displace more junior employees in lower rated classifications in any program, provided that they possess the qualifications, skill and ability to perform the work.
(a) An employee who has received chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of their intention to do so, in writing, within five (5) calendar days after receiving the notice of a permanent layoff layoff. Failure to advise the Employer in writing within the five (5) day period shall be entitled deemed to receive up be acceptance of the lay-off by the Employee and a forfeiture of the right to ten transfer to relief status or to displace another employee. The five (105) working days orientation in day notice period shall be extended for employees who can provide a reasonable explanation for not having advised the job into which they are bumpingEmployer within the required five (5) day period provided that it does not unreasonably delay the process or interfere with collective agreement rights of other employees.
(b) An Upon receipt of notice from the employee who is being recalled from a permanent layoff as outlined in 13.07a) the Employer shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff Employee and the employees Unit Vice President (or designate). The Employer shall provide an up-to-date seniority list and a list shall be provided to the employee of positions that the Employee is eligible to bump into.
13.08 The cancellation of a full or partial shift shall not be deemed or interpreted to be laid a lay-off, and other related issues.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 In the event that a reduction of a the staff reduction requiring a permanent or temporary layoff of any employee or employeesis required, the Employer shall lay agrees that the most junior employee will be laid off on the basis of seniorityfirst, provided that the employees who remain are entitled to remain on willing and are qualified having the basis of seniority are able to meet the operational needs of the Employer skill and have the skill, ability, and qualifications required ability to perform the available workwork available. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working daysWhen recalling employees after layoff, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees those last to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which will be the employees would normally first to be scheduled recalled providedthat in each case, the employee is qualified and has the skill and ability to do the work, such . The layoff and recall of registered nurses shall be separate and apart from the layoff and recall of administrative staff. Full-time layoff shall be separate from part-time layoff. ▇▇▇▇▇▇ and recall of shift nurses shall be separate and apart from the layoff and recall of visiting nurses. The Employerwill not hire any new employee to fill a vacancy where there is an employee on layoff who is qualified to do the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available workwork available. It is understood and agreed that the Employer will use every reasonable effort to ensure that Where a vacancy occurs in a position following a layoff hereunder the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off employee will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, offered the opportunity to take vacation day(s)return to former position providing has seniority rights and the employee has the ability to perform the work available. Where the employee returns to former position there shall be no obligation to consider the vacancy under Article Where the employee refuses the opportunity to return to former position the employee shall advise the Employer in writing, utilize any compensating/lieu days of receivingnotification A laid off employee may accept a temporary assignment or apply for a part- time or take unpaid leaves in order job posting without relinquishing recall rights. The employer shall endeavour to minimize provide reasonable notice to the impact Union of the temporary layoff.
11.07 layoffs and staff displacements. In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of proposed layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in or long term nature, the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to will meet with the Union union to discuss review the following: the reasons causing ▇▇▇▇▇▇; the service which the Employer will undertake after the layoff; the method of implementation, the impact including areas of the layoff cutback and the employees to be laid off. When the process for nursing gets triggered by the Durham Access to Care, the employer will inform the Union of the timelines and other related issuesthe areas affected.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 In the event of a staff reduction requiring a permanent or temporary layoff of any employee or A. When it is necessary to lay off employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice Association President or pay in lieu thereof a designated area representative shall be given notified at once and the layoffs will be conducted in accordance with the Employment Standards Actfollowing provisions:
1. For Permanent employees within a layoff classification will not be laid off before emergency appointments, temporary appointments to temporary extra positions, provisional appointments to permanent positions, or employees serving in excess of ten (10) working days, test period within the Employer classifications affected.
2. The Board shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight a minimum of thirty (8) weeks written 30) calendar days’ notice of layofflayoff to all employees.
11.02 The Employer will determine the timing of lay-offs and the number of 3. Job classification seniority shall be a determining factor to be considered when identifying which permanent employees are to be laid off.
11.03 If one B. Permanent employees affected by layoff requirements may exercise bumping rights within their current job classification, in an equal or more employees are lower job classification, and in any classification that the employee has at least two (2) years full- time experience within the district.
C. The name of the permanent employee who is laid off shall be placed on a special reemployment list. Persons on such a list shall be given preferential consideration over any other type of applicant for five (5) or fewer consecutive regular appointment to the job classification and no employee shall be hired to that classification until all employees on layoff status desiring to return to work days shall have been recalled, provided such employees on which the employees would normally be scheduled layoff status are capable of returning to work, such layoff . The employee must provide the Board with any address change while waiting for recall. This preferential list shall be on the basis in effect for a period of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said periodeighteen (18) months.
11.04 The Employer shall provide the Union with the current status of the seniority of all D. Permanent employees will be recalled to work in the bargaining unit, reverse order in which they were laid off by the event appointing authority. Notice of a permanent layoff. The seniority list shall also include recall will be made in writing by certified mail to the name and classification employee’s home address of all employees in the bargaining unitrecord.
11.05 Lay-off E. Employees responding to recall will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff respond in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on accordance with the following provisions:
(a) Probationary employees shall be the first laid off1. However, it An employee who is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than recalled must respond within five (5) calendar days may displace of the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights certification of recall; or within ten (10) calendar days of notification of their layoffthe mailing.
(g) There shall 2. Employees failing to respond within the foregoing time lines will be no bumping upconsidered to have abandoned their recall rights. Furthermore, employees who fail to report for reinstatement within the specified time limit will be considered to have resigned.
(h) Intention 3. Employees recalled to exercise any of a job classification with a lower salary rate than the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employerprevious job classification may refuse such position and remain eligible for recall.
(i) F. An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of paylayoff accrues no additional sick leave or vacation credit.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Bargaining Agreement
LAY-OFF AND RECALL. 11.01 In the event of a staff reduction requiring a permanent or temporary layoff of any employee or A. When it is necessary to lay off employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice Association President or pay in lieu thereof a designated area representative shall be given notified at once and the layoffs will be conducted in accordance with the Employment Standards Actfollowing provisions:
1. For Permanent employees within a layoff classification will not be laid off before emergency appointments, temporary appointments to temporary extra positions, provisional appointments to permanent positions, or employees serving in excess of ten (10) working days, test period within the Employer classifications affected.
2. The Board shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight a minimum of thirty (8) weeks written 30) calendar days notice of layofflayoff to all employees.
11.02 The Employer will determine the timing of lay-offs and the number of 3. Job classification seniority shall be a determining factor to be considered when identifying which permanent employees are to be laid off.
11.03 If one B. Permanent employees affected by layoff requirements may exercise bumping rights within their current job classification, in an equal or more employees are lower job classification, and in any classification that the employee has at least two (2) years full- time experience within the district.
C. The name of the permanent employee who is laid off shall be placed on a special reemployment list. Persons on such a list shall be given preferential consideration over any other type of applicant for five (5) or fewer consecutive regular appointment to the job classification and no employee shall be hired to that classification until all employees on layoff status desiring to return to work days shall have been recalled, provided such employees on which the employees would normally be scheduled layoff status are capable of returning to work, such layoff . The employee must provide the Board with any address change while waiting for recall. This preferential list shall be on the basis in effect for a period of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said periodeighteen (18) months.
11.04 The Employer shall provide the Union with the current status of the seniority of all D. Permanent employees will be recalled to work in the bargaining unit, reverse order in which they were laid off by the event appointing authority. Notice of a permanent layoff. The seniority list shall also include recall will be made in writing by certified mail to the name and classification employee’s home address of all employees in the bargaining unitrecord.
11.05 Lay-off E. Employees responding to recall will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff respond in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on accordance with the following provisions:
(a) Probationary employees shall be the first laid off1. However, it An employee who is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than recalled must respond within five (5) calendar days may displace of the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights certification of recall; or within ten (10) calendar days of notification of their layoffthe mailing.
(g) There shall 2. Employees failing to respond within the foregoing time lines will be no bumping upconsidered to have abandoned their recall rights. Furthermore, employees who fail to report for reinstatement within the specified time limit will be considered to have resigned.
(h) Intention 3. Employees recalled to exercise any of a job classification with a lower salary rate than the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employerprevious job classification may refuse such position and remain eligible for recall.
(i) F. An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of paylayoff accrues no additional sick leave or vacation credit.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Bargaining Agreement
LAY-OFF AND RECALL. 11.01 10.01 In the event case of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, Temporary Employees, if any, and then Probationary Employees, and then Permanent Employees shall be laid off by department, with the Employer and exception of skilled tradespersons whose services are mutually deemed to be essential for the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact efficient operation of the temporary layoff.
11.07 In Company. Laid off employees will be allowed to replace more junior employees in other departments provided the event employees exercising such rights have the skill and ability to do the job. Employees who exercise these rights would do so for the period of a reduction in the number of employees, a lay-off of staff shall only and their security in the original department would not be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available workaffected.
(b) Permanent 10.02 Except in the case of extreme emergency, the Company will give permanent employees who are subject to a permanent lay-be laid off shall have the right to either:
i) accept the lay-off and be placed notice on the recall list;
iibulletin boards three (3) accept the working days prior to lay-off. If the employee is on leave of absence, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace absent through sickness or on Worker’s Compensation at the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary time of lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employeesprovisions the same as if he/she were on active status.
(a) An 10.03 Any employee who has received notice is laid off or continues to be laid off in violation of seniority must present a permanent layoff shall be entitled claim, in writing, to receive up to ten the Human Resources Department within three (103) working days orientation from the date of notice of such employee's lay-off, otherwise it shall be deemed that compensation for time lost arising out of any wrongful lay-off is waived. The Company will promptly determine the merits of written claim and if it is found that the lay-off was unjust the affected employee will receive their straight time lost during such lay-off.
10.04 When rehiring takes place in any department, the reverse of Section 10.01 will be followed (i.e. laid off permanent employees will be recalled in order of their seniority within that department). In the event that additional employees are required by that department, then permanent laid off employees holding seniority in another department will be recalled in the job into order of their seniority. Permanent employees recalled to work in another department will not transfer their seniority rights to the department in which they are bumpingrecalled except as provided for in Section 11. Employees who hold top departmental seniority pursuant to Article 7.07, and who are laid off will be recalled in order of seniority.
(b) An employee who is being recalled from a permanent layoff 10.05 Notification of recall shall be entitled made by telephone first, then in writing by registered mail or courier, to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet last telephone number or address that the employee shall have recorded with the Union to discuss Company, and the reasons causing B.G.P.W.U. ▇▇▇▇▇▇ Representative shall be notified thereof. It shall be the layoff, the impact responsibility of the layoff employee to keep the Company and the employees to Union notified of his telephone number and address so that he may be laid off, and other related issuescontacted.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 In the event of a staff reduction requiring lay-off, casual and temporary employees shall be laid off first, followed by probationary employees. Thereafter, should a permanent or temporary layoff further lay-off of any employee or employeesemployees be required, regular full-time and regular part-time employees shall be laid off in the Employer shall lay off on the basis reverse order of seniority, their bargaining unit seniority provided that the employees who retained are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer qualified and have the skill, ability, and qualifications required willing to perform the available work. Written notice Regular full- time and regular part-time employees shall be recalled in the order of their bargaining unit seniority providing they are qualified to do the work. Collective Agreement January March No new employees shall be hired and no casual employees shall be retained on a permanent or pay temporary basis until qualified regular full- time and regular part-time employees on lay-off have been given the opportunity of re-employment. The posting procedure in lieu thereof the collective agreement shall not apply until the recall procedure has been completed. The Hospital also agrees that it will not call in casual employees until any qualified regular full-time or regular part- time employees on lay-off have been given the opportunity of re- employment on a casual basis. A regular full-time or regular part-time employee who declines casual employment does not forfeit her right of recall under this article. In determining the ability of an employee to perform the work for the purposes of this article, the Hospital shall not act in an arbitrary or unfair manner. Employees on lay-off shall be given in accordance with the Employment Standards Act. For a layoff in excess of preference for temporary vacancies which are expected to exceed ten (100) working days, the Employer . An employee who has been recalled to such temporary vacancy shall provide the Bargaining Unit President not be required to accept such recall and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of instead may remain on lay-offs and off. No full-time employee within the number of employees to bargaining unit shall be laid off.
11.03 If off by reason of her duties being assigned to one or more employees are part-time employees. In the event of any lay-off and/or proposed lay-off: A laid off or transferred employee may elect to accept the lay- off and be placed on a recall list for five twenty-four (524) or fewer consecutive regular work days on which months. A laid-off employee may displace an employee who has lesser bargaining unit seniority if the employees would normally be scheduled employee originally subject to worklay-off is qualified and willing to perform the job of the displaced employee, such layoff subject to Article and below. Such employee so displaced shall be on the basis of seniority, provided the employee is able laid off subject to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available workher rights under this section. It is understood and agreed that an employee who accepts a transfer under this section retains her recall rights for twenty-four (24) months but forfeits her bumping rights under this article. An employee who chooses to displace must notify the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unitHospital, in the event writing, of her intention to do so within fourteen 4) days of receiving her notice of lay-off. An employee originally subject to a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Layshort-off will be considered permanent after thirteen (13) weeks, otherwise, term lay-off will must be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications able to perform the available work.
(b) Permanent employees who are duties of the displaced employee. Collective Agreement January March An employee originally subject to a permanent long-term or indefinite lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay up to the Employer his or her monthly contribution owing by the first of the month for which the payment is due same orientation period as would be accorded a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced new employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will shall be placed on the lower salary grid scale at the increment that is closest to her old salary. If the employee’s old salary is greater than the maximum of the new scale, then the employee shall be placed at the maximum on the new scale. An employee recalled to work in a different classification or position from which she was laid off, or an employee who has displaced an employee in a lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer or another position, shall be invited entitled to attend any meeting between an employee or employees and management where a representative of return to the human resources department is present and that is position she held for the purposes of addressing issues relating prior to the lay-off or recall should it become vacant within twenty-four (24) months of employees.
(a) An the lay-off, provided that the employee who has received notice remains qualified and able to perform the duties of her former position. The Hospital shall notify employees of a permanent layoff recall opportunity by registered mail addressed to the last address on record with the Hospital. The notification shall be entitled to receive up to ten (10) working days orientation in state the job into to which they are bumping.
(b) An the employee who is eligible to be recalled and the time at which the employee shall report for work. The employee is solely responsible for her current address being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet on record with the Union to discuss the reasons causing the layoff, the impact Hospital. This provision will apply for a period of the layoff and the employees to be laid twenty-four (24) months following lay-off, and other related issues.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 In the event of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled 12.1 Whenever it becomes necessary to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and reduce the number of employees to in a job classification for one of the reasons set forth in ORC 3319.172, employees in that classification shall be laid off.off in the inverse order of seniority under the following rules and in accordance with ORC 3319.172:
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days 12.1.1 The person on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union limited contract with the current status of the lowest job classification seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. HoweverIf further layoffs are necessary, it is understood that they may the same procedure shall be retained if no other used. No employee on continuing contract in the classification affected shall be laid off until all employees on limited contract in the classification affected have the qualifications to perform the available workbeen laid off.
(b) Permanent employees who are subject to a permanent lay-12.1.2 A person laid off under these provisions shall have the right to either:bump into another job classification within the bargaining unit as follows: A limited contract employee may bump another limited contract employee with lower bargaining unit seniority on the basis of his/her qualifications at the time of layoff. A continuing contract employee may bump a limited contract employee or, if none, a continuing contract employee with lower bargaining unit seniority on the basis of his/her qualifications at the time of layoff.
i12.2 Continuing contract employees shall have a right of restoration, to the extent authorized by law.
12.3 In recalling employees to vacancies, employees shall be recalled in the reverse order of layoffs.
12.4 It shall be the responsibility of the employee to keep the Board advised of his/her current address and telephone number at all times. Laid off employees with recall rights shall be given written notice of recall by certified mail, return receipt requested, mailed to their last known address appearing on their personnel record. The recall notice must advise the employee that s/he shall have seven (7) accept calendar days after receipt of said notice to notify the lay-off Board of his/her intention to return to work. Further, the notice must advise the employee that s/he must make himself/herself available for work within fourteen (14) calendar days after receipt of the recall notice. In the event the employee fails to respond to the notice or fails to make himself/herself available for work in the time prescribed, s/he shall be removed from the seniority list; except that pursuant to ORC 3319.17 and be placed 3319.172, employees have the right to reject an offer of recall for lesser hours of employment without losing their position on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Bargaining Agreement
LAY-OFF AND RECALL. 11.01 The Board recognizes the principle that job security should increase with the length of continuous service with the Calgary Board of Education. In the event that a reduction of a staff reduction requiring a permanent or temporary layoff of any employee or employeesProfessional Support Staff is necessary, the Employer Board will seek to effect this reduction through attrition. When lay-off of permanent employees becomes necessary, the Board shall lay off retain employees on the basis of firstly, position description and secondly, seniority. Permanent employees laid off pending recall shall be given six (6) weeks notice, provided that in writing, or four (4) weeks’ salary in lieu of notice. The employee who is laid off shall submit a present address and telephone number to H an Resources. Employees laid off in accordance with this Article shall retain recall rights for a period of one (1) year from the employees who are entitled to remain date of actual lay-off. Employees shall be recalled on the basis of seniority are able firstly, position description and secondly, seniority. The Board will attempt to meet first notify employees being recalled by phone, but in any case, employees being recalled will be notified by registered delivery to the operational needs employees last known address on file (a copy of such notice shall be sent to the Association). The recalled shall notify the Board of their intent within five (5) working days from the date of receipt of the Employer and notice as determined by the records of registration. Recalled employees who do not notify the Board within the aforementioned time frame shall be deemed to have terminated their employment with the skill, ability, and qualifications required to perform the available workBoard. Written notice or pay in lieu thereof Laid off employees shall be given consideration for positions other than those which they occupied at time of layoff, provided such employees are, in the opinion of the Board, qualified for those positions. Pay day shall be every second Friday. Each pay period, employees shall receive a statement showing deductions and adjustments and their pay shall be deposited into the employee’s bank account. If a pay day falls on a general holiday, then the pay day shall be the preceding business day. For purposes of this clause, “business day” shall mean any day between Monday and Friday, inclusive, which is not a statutory holiday. Ten (1O) month employees shall receive an annual salary divided into twenty-two (22) equal the first of which shall occur at the end of the pay period in which the first day worked for the new school year has taken place. Changes in the salary grid in Appendix effective September take effect at the beginning of the first pay period of the new school year. The applicable salary grades for positions covered by this Agreement in Appendix “ Aare attached. Employees shall be paid in accordance with the Employment Standards Act. For a layoff applicable rates of pay in excess of ten (10) working days, Appendix New employees normally start at the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs minimum of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees salary range in the bargaining unitappropriate salary grades. However, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off past relevant experience will be considered permanent after thirteen (13) weeks, otherwise, lay-off in establishing the employee’s starting salary. Relevant experience will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer when experience is in an identical or very similar type of work and the Union must attempt to place affected employees within the organizationfollowing appropriate certification. Prior to implementing a temporary layoff Rates other than those listed in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they Appendix may be retained if no other employees have the qualifications to perform the available workestablished only by mutual agreement of both parties.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Bargaining Agreement
LAY-OFF AND RECALL. 11.01 In 13.01 The Employer agrees that no full-time employee shall suffer any wage loss, or lay-off, as a result of contracting out. This Article would also apply to the event of a staff reduction requiring a permanent or temporary layoff of Employer’s participation in any employee or employeesexternally funded program outside the Service Plan.
13.02 Should it become necessary for the Employer to reduce staff, the Employer will first solicit voluntary lay-off from among the existing staff. Should there be no voluntary lay-off, lay- off shall lay off on occur according to Employer-wide seniority (having regard to qualifications and ability to do the basis of seniorityjob), provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance person with the Employment Standards Act. For a layoff in excess of ten (10) working days, least seniority being the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees first to be laid off.
11.03 If one or more employees 13.03 Employees who are laid off shall have their names placed on a re-hire list for five a period as determined by Article 11.05 (5f) or fewer consecutive regular work days on which the employees would normally be scheduled to workand when vacancies occur, such layoff they shall be on re-hired in accordance with the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said periodcriteria in Article 12.01.
11.04 The Employer 13.04 There shall provide the Union with the current status be a notice period of the seniority of all employees in the bargaining unitfourteen (14) days, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weekswhere possible, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior prior to implementing a permanent any lay-off, during which time the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union, if requested, to discuss means of avoiding the lay-off.
13.05 It shall be the duty of employees on the recall list to notify the Employer of any change of address.
13.06 Technological change – where the Employer has decided to introduce a technological change that will significantly alter the status of an employee within the bargaining unit, the Employer undertakes to meet with the Union to discuss consider the reasons causing minimization of adverse effects (if any) upon the layoffemployees concerned. Employees with one (1) or more years of continuous service who are subject to lay-off under conditions referred to above, the impact will be given notice of the layoff impending change in employment status at the earliest reasonable time in keeping with the notification to the Union as set forth above and the employees to be laid off, and other related issuesrequirements of the applicable legislation.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 Due to the irregular and sporadic nature of the Weekend work arrangement, employ- ees will not be entitled to notice of lay-off. However, Weekend employees will be given the opportunity to work based on their sen- iority standing within the Weekend workforce. In the case of long-term lay-off of 3 months or longer, company wide sen- iority will apply permitting weekend work force employees to bump back into the regular Monday to Friday work force. In clarification of Item 7 of schedule D, the following represents the agreed interpreta- tion of the meaning of “weekend employ- ees will be given the opportunity to work based on their seniority standing within the weekend workforce”.
1. On the renewal of the Collective Agree- ment which expires June 30, 1999, all current weekend employees will be given the initial opportunity to select the available jobs and shift on the weekend work schedule based on their seniority within the weekend workforce and sub- ject to the necessary skills and ability
2. Once assigned as per above, weekend employees are expected to report to their assigned jobs and shift unless can- celled by the Company one telephone call to the telephone number which the employee has most recently recorded with the Company will suffice for the purpose of cancellation.
3. In the event of cancellation no report- ing pay is owed.
4. Cancellation will be on the basis of the least senior weekend employee in the classification and shift affected based on the employee’s seniority in the week- end workforce.
5. On the renewal of the Collective Agree- ment, weekend employees and the Company will agree in writing which jobs the weekend employees have dem- onstrated the skills and ability to perform and which the employees prefer to per- form in the event of lack of work. The list of jobs indicated will be updated quarterly thereafter.
6. In the event a weekend employee has not been cancelled and there is not suf- ficient work in his/her assigned job on reporting to work, the Company will as- sign the weekend employee to any avail- able job on the same shift for which the weekend employee has expressed a preference under item 5 subject to the weekend employee’s seniority in the weekend work force. If no such job is available, reporting pay will be owed,
7. In the event of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off vacancy on the basis of seniority, provided that week- end work schedule subsequent to the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to workinitial assignments under item 1 above, such layoff shall vacancy will be on posted under the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoffcollective agreement. The seniority list shall also include the name and classification successful applicant will then come under items 2 through 6 of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employeethis clarification. The displaced employee shall be laid off subject to suc- cessful applicant will indicate in writing his/her rights under this section.
(f) Employees who have received a notice job preferences as per item 5 at - 70 - the time of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification his/her selection which pref- erences will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of payupdated quarterly also.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 In Section 1. For the event purpose of a staff reduction requiring a permanent or temporary layoff of any employee or employeeslay-off and recall, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available workjob(s) concerned and seniority shall apply. Written notice or pay in lieu thereof shall be given in accordance The employee(s) with the Employment Standards Act. For a layoff least departmental seniority in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees department shall be the first full-time employee laid offoff in each department, and so on. HoweverEmployee(s) displaced from their classification(s) shall first be entitled to displace the junior employee in their department provided they are qualified to perform the work involved. Employee(s) not qualified to displace junior employees within their department shall be entitled to displace the junior employee in other departments, based upon Union seniority, provided they are qualified to perform the work involved. Upon recall, the last full-time employee laid off will be the first full-time employee recalled, providing such employee is qualified to perform the job in question, utilizing Union seniority. Temporary employees and probationary employees will be laid off prior to employees on the seniority list, unless the temporary or probationary employees have special skills not held by regular employees.
Section 2. An employee has fifteen (15) days to respond to a recall to work by certified mail. The fifteen (15) days will begin running when the Company makes its initial attempt to recall. Unless other arrangements are made, the recalled employee will have up to fifteen (15) days to return to work after responding to the Company’s offer. Failure to respond or return to work within the time limits outlined in this Section will result in a loss of seniority.
Section 3. The Company will meet with the MUC Committee to discuss any layoffs or reduction-in-force prior to implementation. The Company will notify the Union of any pending layoff or reduction-in-force as far in advance as possible. If a layoff is less than ninety (90) days in duration, the Company will pay its portion of the cost of fringe benefits during the layoff.
Section 4. For purposes of this Article, it is understood that they may be retained if no other employees have the an employee’s qualifications to perform a job will be based on relevant job-related criteria utilizing job Skills Assessment. The requisite skills, knowledge and ability to perform the available workrelevant tasks of the job may be determined through tests, licenses or certifications.
(b) Permanent employees who Section 5. The proposed creation of a new test, or the elimination or change of an existing test, shall first be discussed with the area Chief S▇▇▇▇▇▇ of the affected department. If the parties aren’t able to agree on such new test or changes, the Union may file a grievance as to the reasonableness of the test as set forth in this Agreement.
Section 6. Employees on lay off are subject required to inform the Company of any address changes via Certified Mail.
Section 7. If a permanent laylaid-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received with recall rights, refuses a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-offreinstatement offer, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to forfeits his/her rights under this sectionUnion seniority.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Stillwater Mining Co /De/)
LAY-OFF AND RECALL. 11.01 (a) In the event cases of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary from lay-off, the employee is entitled with the greatest seniority, provided that he/she has the skill and ability to receive those benefits as outlined in Article 15.02 if perform the employee was in receipt of such benefits prior required work, shall be the last to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject and conversely the first to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the recalled from lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.off
(b) An employee who is being recalled from In the event of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to notify and meet with the Union to discuss the reasons causing the layoff, the impact effects of the layoff and consider possible alternatives to the layoff prior to notifying the effected employees.
(c) In the event of reduction in the regular hours of work, the affected employees may exercise their seniority rights to bump the least senior employee in their classification, it being understood that such employee will be required to work the shift and perform the work of the displaced employee. Employees whose positions are eliminated due to a reduction in the workforce may exercise their seniority rights to bump the least senior employee in their classification, on their shift. If the laid off employee has no option to bump on their shift or is not qualified to bump on their shift, the said employee may bump the least senior employee on the next available shift or alternately opt for lay-off. For this purpose, Day shift shall be a shift scheduled to start between 6:00 a.m. and 2:00 p.m., Afternoon shift shall be a shift scheduled to start between 2:00 p.m. and 10:00 p.m. and Night shift shall be a shift scheduled to start at or after 10:00 p.m. It is understood and agreed that an employee exercising their right to bump a less senior employee shall assume the shift, duties and applicable pay rate of the position which he or she is taking over.
(d) If know by the Employer, employees will be provided with a minimum of seven (7) days’ notice of layoff or pay in lieu thereof.
(e) In all cases of layoff probationary employees shall be laid off, and other related issuesoff before employees who have attained seniority.
Appears in 1 contract
Sources: Collective Agreement
LAY-OFF AND RECALL. 11.01 In a) The Employer shall notify regular employees not given a termination date when hired who are to be laid off a minimum of twenty (20) working days prior to the event effective date of a staff reduction requiring a permanent or temporary layoff lay-off. If the employee has not had the opportunity to work twenty (20) full days after notice of any employee or employeeslay-off, they shall be paid in lieu of work for that part of the twenty (20) days during which work was not made available.
b) On layoff, premium cost sharing and benefit coverage excluding Long Term Disability and Short Term Disability pursuant to Article 27 shall continue for three (3) months. Coverage may continue at the employee's option for an additional three (3) months, however, the employee will be required to pay the full cost of premiums for this additional period. Employees recalled during the twelve (12) month recall period shall be re- enrolled on the first day of the month following recall. Employees rehired after the recall period shall be required to work the full benefit qualification period.
c) A regular employee about to be laid off having the required skill, knowledge and ability may exercise seniority rights to bump bargaining-unit-wide to the equivalent or lower classification providing the employee bumped is the most junior in the classification and providing a part-time employee cannot bump a full-time employee. The Employer shall lay must be notified within five (5) days by the Union or the employee of where bumping will occur, unless such notice is not reasonably possible. A regular employee who is laid off on the a seasonal basis each year shall not be entitled to bump or choose severance under such circumstances, but shall have those rights if laid off for any other reason.
d) Regular employees on layoff shall be recalled in order of service seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and they have the skill, ability, knowledge and qualifications required ability to perform the available work. Written notice or pay in lieu thereof The employee has the right to refuse recall, if outside of the employee’s community, without losing recall rights.
e) A list of regular employees shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, kept and the Employer shall provide notify said employees of regular and temporary vacancies. Where temporary vacancies occur, employees on the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff recall list shall be on the basis of seniority, provided advised and considered to fill such vacancies prior to any other potential applicants providing the employee is able to meet the operational needs of the Employer and has the skill, abilityknowledge, and qualifications required ability for the position. Refusal to immediately perform accept a temporary vacancy shall not effect the available work. employee’s recall rights.
f) It is understood and agreed that the employee's responsibility to keep the Employer will use every reasonable effort to ensure that advised of the affected employees are reassigned as quickly as possible during said periodlast known address.
11.04 g) The Employer provisions of this section shall provide only apply in respect of any employee for a period of twelve (12) months following the Union with the current status date of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent employees who are subject to a permanent lay-off shall have the right to either:
i) accept the lay-off and be placed on the recall list;
ii) accept the lay-off, accept severance if applicable, and forego recall;
iii) bump according to Article 11.07 (c).
(c) Employees who are permanently laid off or who are temporarily laid off for a period greater than five (5) days may displace the least senior employee, who has not received a lay-off notice, in a position for which they have the required skills, ability and qualifications as follows:
i) their own classification; or
ii) another equal or lower classification.
(d) While on temporary lay-off, the employee is entitled to receive those benefits as outlined in Article 15.02 if the employee was in receipt of such benefits prior to being laid-off. An employee who so elects or who is deemed to elect to continue to participate in the said benefit plans during the temporary lay-off shall pay to the Employer his or her monthly contribution owing by the first of the month for which the payment is due as a condition for continued participation in the said benefit plans and for the Employer’s payment of its contribution of the premium costs for the said benefit plans.
(e) The laid off employee shall make a commitment to work the same proportion of time as the displaced employee. The displaced employee shall be laid off subject to his/her rights under this section.
(f) Employees who have received a notice of layoff must exercise their displacement rights within ten (10) calendar days of notification of their layoff.
(g) There shall be no bumping up.
(h) Intention to exercise any of the options outlined in Article 11.07 (b) must be declared within ten (10) calendar days of notification of layoff by the Employer.
(i) An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification at the step which most closely resembles her current rate of pay.
(j) A union representative and Labour Relations Officer shall be invited to attend any meeting between an employee or employees and management where a representative of the human resources department is present and that is held for the purposes of addressing issues relating to the lay-off or recall of employees.
(a) An employee who has received notice of a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are bumping.
(b) An employee who is being recalled from a permanent layoff shall be entitled to receive up to ten (10) working days orientation in the job into which they are being recalled.
11.09 The Employer agrees to meet with the Union to discuss the reasons causing the layoff, the impact of the layoff and the employees to be laid off, and other related issues.
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Sources: Collective Agreement