Layoff and Recall Clause Samples
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Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer shall notify the affected employees twenty-one (21) calendar days in advance of the effective date of the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffs.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their classification seniority for the classifications affected by the layoff. The employee(s) with the least classification seniority as defined in Article 20 will be laid off first. Bumping or displacement will also occur in accordance with the employee’s seniority with the least senior employee, as defined by Article 20, laid off first.
Section 19.3 Recall List Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff. Notice of recall shall be sent to the employees by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt of the recall notice to notify the Employer of his intention to return to work and shall have fourteen (14) calendar days following the receipt of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the notice. If the employee does not respond within seven (7) calendar days the employee shall be removed from the recall list. If, upon recall, an employee must receive additional training, the Employer shall provide and pay for the training required to maintain his certification. The employee shall be required to complete the training in a timely fashion established by the Employer. If the employee fails to complete the training, the employee may be removed without recourse to the grievance procedure or the State Personnel Board of Review.
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Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions shall be made in accordance with the Rules of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs shall be conducted by classification, and displacements shall be conducted based on system seniority. The employee with the least System wide seniority (as defined in Article 10), in the classification or if no vacancy exists in classification subsequently affected shall be removed within the affected classification. If two or more employees have identical system seniority, then the employee with the highest last four digits of their social security number shall be deemed to have the equivalent of lower seniority. The continued employment of any employee so removed from a position shall be determined in the following manner:
A. Once displaced from their present classification, an employee shall be demoted to a lower grade position within the classification series in descending order and shall be displaced into a vacancy and if no vacancy exists then displace an employee in the lower grade position based on system seniority.
B. If not entitled to a position under the above, the employee shall be placed into a position previously held by permanent appointment, commencing with the last previously held position and shall first fill a vacancy in such classification, and if no vacancy exists, then the employee shall displace an employee in that classification based on system seniority.
C. If not entitled to a position under the above, the employee shall be demoted to a non-tested part-time position with the most scheduled hours and shall first fill a vacancy and if no vacancy exists then displace an employee in such non-tested part-time classification based on system seniority.
D. If an employee is not entitled to a position under the above, or waives his/her rights to all positions under the above, said employee shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a three
Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(a)(ii) may:
(a) accept the layoff; or
(b) opt to receive a separation allowance as outlined in Article 9.12; or
(c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 18.03(b); or
(d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.
Layoff and Recall. (a) A layoff of employees shall be made on the basis of seniority, based on an integrated seniority list of all hours paid since date of last hire. It is understood and agreed that through the bumping procedure the first to be laid off are probationary employees followed by those who work casual part-time shifts. No agency or new hires will be used when there is an employee on layoff provided that the employees on layoff will meet the staffing requirements of the Home. An employee will not be laid off out of seniority order if her lack of qualification for a junior employee’s shift can be remedied by a three (3) day orientation to that shift. An employee will not be denied recall to a shift if her lack of qualification for the recall opportunity can be remedied by a three (3) day orientation to that shift.
(b) Recall to a regular part-time or full-time position shall be in order of seniority. An employee will respond to a registered notice of recall within seven calendar days of receipt of same and shall be available for work within an additional fourteen (14) days unless otherwise agreed.
(c) The Employer and Union will meet and discuss the layoffs at the earliest opportunity. This discussion will include the service which the Home will undertake after the layoff.
Layoff and Recall. (a) A layoff shall be defined as a reduction of the number of employees in the bargaining unit. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff.
(b) A permanent layoff will be defined as a layoff that will exceed thirteen (13) weeks due to a reduction in the workload. Notice provided shall be per Employment Standards Act (ESA). The first eight weeks shall be considered working notice. In the event of a proposed layoff of permanent or long-term nature or an amalgamation, the Employer will:
i) Provide the Union with no less than thirty (30) working days’ notice of such layoff or amalgamation.
ii) Meet with the Union to review the following:
A) The reasons causing the layoff or amalgamation.
B) The service that the Employer will undertake after the layoff.
C) Method of implementation including the areas of cutback and the Nurses to be laid off.
D) Any other alternatives.
iii) A Nurse who has been notified of a permanent layoff may:
A) Accept the layoff.
B) Opt to retire if eligible under the terms of the pension plan.
C) Elect to transfer to a vacant position provided that she/he or he is qualified to perform the available work.
D) Displace a Nurse who has lesser bargaining unit seniority and whose work the Nurse subject to layoff is qualified to perform. The Employer will provide a familiarization period of up to thirty-seven point five (37.5) hours, as determined by the Employer.
iv) In this Article, a “vacant position” shall mean a position for which the posting process has been completed and no successful applicant has been appointed.
v) When an employee accepts a long-term layoff, she/he shall be entitled to receive severance pay in accordance with the Employment Standards Act.
vi) If the Nurse has the seniority to bump someone and chooses instead to take the layoff, the Nurse may have disqualified her/himself from Employment Insurance payments according to their rules.
(c) In the event of a layoff within a specific geographic area, the affected Nurse(s) in that area shall be laid off in the reverse order of seniority provided that the Nurses who are entitled to remain on the basis of seniority are qualified to perform the work available. Employees laid off in a specific geographic area shall have the right to exercise the rights outlined in 10.12 (b) on a site-wide basis.
(d) Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that senior Nurse ...
Layoff and Recall. 1.1 If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Layoff and Recall. (a) A layoff of employees shall be made on the basis of seniority, based on an integrated seniority list of all hours paid since date of last hire. It is understood and agreed that through the bumping procedure the first to be laid off are probationary employees followed by those who work casual part-time shifts. No agency or new hires will be used when there is an employee on layoff provided that the employees on layoff will meet the staffing requirements of the Home. An employee will not be laid off out of seniority order if their lack of qualification for a junior employee’s shift can be remedied by a three
Layoff and Recall. Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Layoff and Recall. 28.01 When it becomes necessary to eliminate positions or reduce the working force, Employees may be laid off:
(a) Except where ▇▇▇▇▇▇ is caused by circumstances beyond the control of the Employer, Employees will be given the following notice:
(i) for Employees with less than one (1) year's service, thirty (30) calendar days, or
(ii) for Employees with one (1) or more years' service, sixty (60) calendar days.
(b) A laid off Employee may request pay in lieu of notice and the granting of such request is at the Employer’s discretion.
28.02 Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, Employees shall be laid off in the reverse order of seniority in their classification within the bargaining unit where the lay- off is occurring. An Employee about to be laid off may bump any Employee with less seniority in their own classification or any lower classification in Schedule "1" within the bargaining unit, providing the Employee exercising the right is qualified to perform the work of the Employee with less seniority.
28.03 An Employee recalled to employment will be placed in the position from which the Employee is laid off or, if such position no longer exists, shall be recalled to another position within the bargaining unit from which they were laid off and which the Employee is capable of filling. The Employee will receive that rate of pay enjoyed at the time prior to layoff, unless recalled to a position for which the maximum rate is lower than the rate enjoyed prior to layoff, in which case, the Employee will receive the maximum rate for the position to which the Employee is recalled.
28.04 Following the expiration of the notice period, Employees are placed on a recall list and shall have first rights, in order of their seniority, to any vacancy in their former job classification or to a classification for which the Employee is qualified. The Employer will not hire new Employees to such classifications while an eligible Employee is on the recall list. Employees recalled to their previous classification shall receive the current rate for the step in the salary range, which they held at the time of layoff. Employees recalled to another classification shall be placed in a step where they would receive at least the current rate for the step in the salary range which they held at the time of layoff; however, in any event, Employees recalled shall not be paid more than the maximum for ...
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any empl...