Common use of Layoff and Recall Clause in Contracts

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

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 18.1 A layoff shall be made defined as a necessary reduction in accordance with the Rules work force as determined by the Board. 18.2 No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee has been notified in writing at least fifteen (15) working days prior to the effective date of layoff. Such notice will not apply when layoff is necessitated by work stoppages or Acts of God. 18.3 The reduction procedure shall be individually applied within each classification as follows: A. Probationary employees shall be laid off first, provided there are more seniored employees who possess the qualifications to perform the job. B. In the event seniored employees must be laid off, layoff shall be determined by the following order: 1. The least seniored within the classification being reduced, provided there are more senior employees remaining within the classification who possess the qualifications to perform the duties of the Dayton Civil Service Commission expressly applicable position(s) available. 2. In the event an employee is reduced from a position and no position is available to employees the employee within the classifications in which the reduced employee has acquired seniority, the reduced employee shall have the opportunity to make application to any posted vacancies within the unit. Should the employee be given one of the EMPLOYERposted positions, he/she shall retain the right to his/her job classification should a position become available for which he/she is qualified. 3. For the purpose of an involuntary reduction as An employee reduced from a result of layoff, such layoffs position in his/her present classification shall be conducted by classificationretained at his/her request in a position in another classification in which he/she has previously accumulated seniority, provided there is a less seniored employee in that classification and displacements the reduced employee possesses the qualifications to perform the job. 18.4 Employees on layoff who are qualified shall be conducted based on system seniorityconsidered before the hiring of new employees outside the district for a vacant position in another unit classification. 18.5 When there is a vacancy, employees shall be recalled in order of greatest seniority within the classification from which they were reduced, provided the employee possesses the qualifications to perform the duties of the position to which he/she is being recalled to. The In the event a tie exists, the employee with the least System wide seniority (as defined in Article 10), greatest total years of service in the classification or if no vacancy exists in classification subsequently affected district shall be removed within recalled first. In the affected classification. If two or more employees have identical system seniorityevent a tie exists, then it shall be broken by the last four (4) digits of the employee’s Social Security number, with the employee with the highest last four digits of their social security number shall be deemed to have having 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 most seniority. B. 18.6 Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board’s records (which shall be conclusive in any disputes). A recalled employee shall notify the Board within two (2) days after the letter is registered as arriving as to the employee’s acceptance or rejection and must report to work within three (3) days after such notification, exceptions may be made by the Superintendent. The Board may fill the position on a temporary basis until the recalled employee is to report back for work. 18.7 An employee offered his/her former position who declines recall shall forfeit his/her seniority rights. 18.8 Employees shall remain on the recall list for a period of one (1) year or the length of his/her seniority, whichever is greater, but not to exceed two (2) years. 18.9 Probationary employees have no recall rights. 18.10 Employees who have their hours reduced by one (1) hour or more shall have the right to bump the least senior employee within his/her classification occupying a position that the senior employee can properly perform and who is scheduled as many hours per week/annually. If the employee being reduced has no one to bump, then the least senior employee with the nearest number of hours in his/her classification may be bumped. It is understood by the parties that this language does not entitled create a domino effect. Only one (1) bump will occur. The bumped employee may take the position of the employee whose hours are reduced if that employee can properly perform the work. 18.11 Any school year bargaining unit employee who collects unemployment compensation during the summer months (MESC’s “summer denial period”) and who is recalled before the start of his/her normal work year to a position under with the abovesame or more hours of work, the employee shall be placed into obligated to reimburse the District the amount of unemployment compensation collected during the summer months. The District is authorized to obtain repayment through a position previously held by permanent appointment, commencing with payroll deduction of the last previously held position and shall first fill a vacancy appropriate amount in such classification, and if no vacancy exists, then equal payments over the employee shall displace an employee in that classification based on system seniorityentire year. 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

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise Section 1: Timberland Regional Library maintains a work force capable of doing the work necessary to perform its responsibilities. If, because of a lack of funds and/or a lack of work, it becomes necessary to reduce its work force, Timberland normally will attempt to reach reduced strength through attrition and curtailment of hiring. Job sharing, unpaid leaves of absence, transfer, and early retirement, and laying off the least senior employees regardless of classification are represent other possible alternatives which may be considered. TRL shall notify the Union prior to implementing layoffs, and the parties shall meet to discuss possible alternatives. Nothing in this Article or any part of this Agreement is intended to restrict the sole authority of the Employer to determine the necessity of service reductions, the form of the reduction and the duration of the layoff. Section 2: This reduction-in-force procedure is designed to effect impact staff layoffs in an orderly manner with a minimum of interference to the work process. Its purpose is to allow an employee whose position is to be reduced or eliminated to accept available employment in the Library District, in either bargaining unit. Section 3: Temporary employees and substitute employees do not accrue seniority and they may not exercise the reduction-in-force rights provided in this agreement, all reductions, suspensions, removals procedure. Non-grant funded temporary and demotions substitute employees shall be made laid off first, prior to regular employees. A. An employee being laid off (his/hertheir position is involuntarily eliminated or reduced by 20 percent or more or involuntarily reduced to the extent that he/she isthey are no longer eligible for health insurance) shall be given written notice specifying the date and nature of layoff. Such notice will be given at least fourteen (14) daysfour (4) weeks prior to its effective date. An employee so notified will be informed of his/hertheir bumping options in accordance writing at the time notice is given. A. B. Timberland will provide, upon request, individual counseling for employees laid off, to include a review of options, information on other positions within Timberland, information on vacancies outside of Timberland, advice on job-seeking skills, etc. B. C. A laid-off employee may choose to "bump" (displace a less-senior employee from a retained position or fill a vacant position) into a position with the Rules same classification or a lowerinto a different classification. An employee may only bump once per layoff ▇▇▇▇▇▇▇▇.▇▇ the same or a different location according to the principle of seniority; provided that the Dayton Civil Service Commission expressly applicable to employees of employee is qualified for the EMPLOYERposition being bumped. For An employee may not bump into a position which has more hours or that is in a higher grade than 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 seniorityemployee's current position. 1. The employee must be qualified for the position they are bumping into, with the least System wide seniority (as defined in Article 10)exception that if a base-unit member is bumping into the supervisors unit, they must meet all of the minimum qualifications except for the supervisory experience. TRL will provide them with supervisory training in the classification first six (6) months. 2. The new position can be in the same or if no vacancy exists in classification subsequently affected shall be removed within a different location according to the affected classification. If two or more employees have identical system principle of seniority, then provided that the employee with meets 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 seniority14.4.C.1 requirement. B. If not entitled to a position under the above, the 3. An employee shall be placed may bump into a position previously held by permanent appointment, commencing with that is in the last previously held same or lower pay grade than the employee’s current position. The employee may bump into a position and that has more hours. The employee shall first fill a vacancy have the opportunity to bump into another position in such classificationthe employee’s current classification first, and if no vacancy existspositions are available, then into the employee shall displace an employee in that classification based on system seniority. C. If not entitled to a position under the abovecurrent pay grade, 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 positions are available, then displace an employee in such non-tested part-time classification based on system seniority. D. If an employee is not entitled to into 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 of a threelower pay grade.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement12.01 Where possible, all reductionsthe Employer will give seventy-two (72) hours' notice of layoff to the affected employee(s), suspensionsand will notify the Union twenty-four (24) hours prior to providing notice to the affected employees. 12.02 Whenever it becomes necessary to reduce the workforce by layoff, removals and demotions shall be made in accordance with the Rules of the Dayton Civil Service Commission expressly applicable to following procedure will apply: (a) Probationary employees of the EMPLOYER. within any affected classification will have their employment ended, (b) For the purpose of the seniority bumping procedure, an involuntary reduction as a result of layoff, such layoffs open job posting shall be conducted by classification, and displacements shall be conducted based on system seniorityconsidered the most junior. The open job posting shall remain junior up until a candidate has been awarded the position. (c) Seniority rated employees will be laid off as set out below: In the event one or more part-time employees are identified for a layoff of in excess of fourteen (14) days, the following procedure will apply: (a) The classification which is required to be reduced will be identified. (b) The part-time employee(s) with the lowest Seniority Date in the classification will use his or her Seniority Date to return to his or her previous position occupied in the previous six (6) months, if one exists and seniority permitting. (c) If there was no previous position, the junior part-time employee in the classification affected will use his or her Seniority Date, if he or she has the skill, knowledge and ability with a brief familiarization to satisfactorily perform the job and is willing, to bump the most junior part-time employee in the department, seniority permitting, or may accept layoff. (d) The most junior part-time employee in the department by Seniority Date will, if he or she has the skill and ability with a brief familiarization to satisfactorily perform the job and is willing, bump the most junior part- time employee Casino wide, seniority permitting, or may accept layoff. (e) The most junior part-time employee Casino wide will be laid off. Notice to one employee will be notice to all and the junior employee(s) laid off will be provided with a Record of Employment and will await recall. (f) All impacted part-time employees (who have been displaced but not actually laid off) will be granted a one-time right to use his or her seniority to return to the position and status that they were displaced from when there is next availability. In the event one or more full-time employees are identified for a layoff of in excess of fourteen (14) days, the following procedure will apply: (a) The classification which is required to be reduced will be identified. (b) Any full-time employee in the classification affected may use his or her Seniority Date to bump the junior part-time employee in the classification. (c) The full-time employee with the least System wide seniority (as defined in Article 10), lowest Seniority Date in the classification affected will use his or if no vacancy exists in classification subsequently affected shall be removed her Seniority Date to return to his or her previous position occupied within the affected classification. previous six (6) months, if one exists and seniority permitting. (d) If two or more employees have identical system senioritythere is no previous position, 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 junior full-time employee in the lower grade position based on system seniority. B. If not entitled to a position under classification affected may bump 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 most junior part-time position employee in the classification, or (e) If there was no previous position, the junior full-time employee in the classification affected will, if he or she has the skill and ability with a brief familiarization to satisfactorily perform the job and is willing, bump the most scheduled hours and shall first fill a vacancy and if no vacancy exists then displace an junior full-time employee in such nonthe department, seniority permitting, or may accept layoff. (f) If the most junior full-tested time employee in the department is affected, he or she will, if he or she has the skill, knowledge and ability with a brief familiarization to satisfactorily perform the job and is willing, bump the most junior full-time employee Casino wide, seniority permitting, or may accept layoff. (g) If the most junior full-time employee in the Casino is bumped, he or she will, if he or she has the skill and ability with a brief familiarization to satisfactorily perform the job and is willing, bump the most junior part- time employee Casino wide or may accept layoff. (h) Any most junior part-time classification based on system seniorityemployee impacted by (d) above, will have the rights in the part-time provisions above. D. If an (i) Notice to one employee is not entitled to a position under the above, or waives his/her rights will be notice to all positions under and the above, said employee junior employee(s) laid off will be provided with a Record of Employment and will await recall. (j) All impacted full-time employees (who have been displaced but not actually laid off) will be granted a one-time right to use his or her seniority to return to the position that they were displaced from when there is next availability. The Employer shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threemaintain the payment of its share of any applicable benefit premiums up to the end of the month following the month of displacement.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided 8.2.1 District seniority within classification shall govern in this agreement, all reductions, suspensions, removals and demotions shall be made in accordance with the Rules case(s) 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 senioritylayoff or recall. The employee employee(s) with the least System wide amount of seniority (as defined in Article 10)within the “Custodian” classification shall be the first laid off, provided all those with greater seniority, within that classification, are qualified to do the remaining work. If additional reductions are necessary, employees in the classification or if no vacancy exists in classification subsequently affected shall next higher classification(s) will be removed within laid off until the affected classificationrequired reduction is accomplished. If two or more For salary purposes, 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 who are bumped 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 vertically at the lower classification step into which they are bumped. 8.2.2 In the case of recall, the last employee laid off, provided that employee is qualified to do the work available, shall be the first to be recalled when and if the District has a position previously held by permanent appointment, commencing job available in the employee’s layoff classification. 8.2.3 Employees who fail to respond to a recall notice within a calendar week after having been posted a certified mailed notice of job availability shall lose all seniority with the last previously held position District and the District shall first fill a vacancy in such classification, and if have no vacancy exists, then obligation to rehire the employee shall displace an employee in that classification based on system seniorityperson. C. If 8.2.4 Laid-off persons will not entitled be recalled until persons reduced in pay classification during a layoff have had a week's opportunity to a accept their old position under if such position has been reestablished. 8.2.5 Notwithstanding the aboveprovisions of this Article, the employee shall be demoted District reserves the right and responsibility of assuring that all layoff and recall actions give due regard to a non-tested part-time position with the most scheduled hours requirements and shall first fill a vacancy intentions of federal and if no vacancy exists then displace an employee in such non-tested part-time classification based on system senioritystate laws and regulations governing equal employment opportunity and affirmative action programs. 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

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise 13.01 When the Company deems it necessary to reduce the workforce, the Company whenever possible, will attempt to give employees, five (5) working days’ notice of layoff. 13.02 In case of a layoff of three (3) weeks or less employees may be laid off and recalled by plant wide seniority amongst the employees in the classification within the department and shift affected provided the remaining employees have the necessary skills and ability to perform the work satisfactorily. 13.03 In case of layoffs from work for more than three (3) weeks, employees will be laid off by plant wide seniority amongst employees in this agreementthe classification within the department and shift affected, all reductionsprovided the remaining employees, suspensions, removals and demotions shall be made in accordance with the Rules of appropriate familiarization, have the Dayton Civil Service Commission expressly applicable necessary skills and ability to employees of perform the EMPLOYER. For the purpose of an involuntary reduction as work satisfactorily. 13.04 Employees affected by a result of layoff, such layoffs shall be conducted by classification, and displacements shall be conducted based on system seniority. layoff for more than three (3) weeks may displace: a) The employee with the least System wide lowest seniority (as defined in Article 10), in the same classification or if no vacancy exists in classification subsequently affected shall be removed within and same department on any shift ; OR b) The lowest seniority employee on 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. rotating shift plant-wide; OR c) 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 lowest seniority employee in the plant. In situations where multiple employees are laid off at the same time, such employees will have their choice of available positions on the basis of seniority. Seniority employees must demonstrate the skill and ability to perform satisfactorily the new work assigned with appropriate familiarization. Employees who take a lower grade paying position based on system seniorityrather than being laid off will receive the pay rate of the lower classification. B. If not 13.05 In the case of a recall within ninety (90) calendar days of a layoff pursuant to section 13.03, employees who have been displaced by such layoff shall have a choice to go back to the job from which they were displaced. In all other cases, employees on layoff shall be recalled on the basis of seniority provided the employee has the skill and ability to perform satisfactorily the work available with appropriate familiarization. The parties agree that article 13.05 shall apply in the case of a permanent layoff with no recall date. 13.06 Seniority employees who are subject to temporary layoff are entitled to a position receive benefits under the aboveLayoff Security Plan negotiated between the Company and Human Resources and Skills Development Canada. To be eligible, employees must: (1) apply and be approved for the receipt of Employment Insurance Benefits; (2) provide the employer with written evidence from HRSDC (electronic confirmation is acceptable) that he or she has been approved for the receipt of Employment Insurance Benefits; and (3) be laid off solely due to temporary shortage of work. Such employees will be paid 60% of their normal weekly income, up to the E.I. maximum, to cover the two (2) week waiting period before E.I. benefits normally become available. The administration of this plan shall be governed solely by the summary documentation approved by Human Resources and Skills Development Canada and it is hereby understood that in case of any inconsistency between the summary document and this Agreement, the employee summary document 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 seniorityprevail. 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

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise Section 1: Timberland Regional Library maintains a work force capable of doing the work necessary to perform its responsibilities. If, because of a lack of funds and/or a lack of work, it becomes necessary to reduce its work force, Timberland normally will attempt to reach reduced strength through attrition and curtailment of hiring. Job sharing, unpaid leaves of absence, transfer, early retirement, and laying off the least senior employees regardless of classification are other possible alternatives which may be considered. TRL shall notify the Union prior to implementing layoffs, and the parties shall meet to discuss possible alternatives. Section 2: This reduction-in-force procedure is designed to impact staff layoffs in an orderly manner with a minimum of interference to the work process. Its purpose is to allow an employee whose position is to be reduced or eliminated to accept available employment in the Library District, in either bargaining unit. Section 3: Temporary employees and substitute employees do not accrue seniority and they may not exercise the reduction-in-force rights provided in this agreement, all reductions, suspensions, removals procedure. Non-grant funded temporary and demotions substitute employees shall be made laid off first, prior to regular employees. A. An employee being laid off (their position is involuntarily eliminated or reduced by twenty (20) percent or more or involuntarily reduced to the extent that they are no longer eligible for health insurance) shall be given written notice specifying the date and nature of layoff. Such notice will be given at least four (4) weeks prior to its effective date. An employee so notified will be informed of their bumping options in accordance writing at the time notice is given. ▇. ▇▇▇▇▇▇▇▇▇▇ will provide, upon request, individual counseling for employees laid off, to include a review of options, information on other positions within Timberland, information on vacancies outside of Timberland, advice on job-seeking skills, etc. C. A laid-off employee may choose to "bump" (displace a less-senior employee from a retained position or fill a vacant position) into a position with the Rules of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYERsame classification or into a different classification. 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 seniorityAn employee may only bump once per layoff scenario. 1. The employee must be qualified for the position they are bumping into, with the least System wide seniority exception that if a base-unit member is bumping into the supervisors unit, they must meet all of the minimum qualifications except for the supervisory experience. TRL will provide them with supervisory training in the first six (6) months. 2. The new position can be in the same or a different location according to the principle of seniority, provided that the employee meets the 14.4.C.1 requirement. 3. An employee may bump into a position that is in the same or lower pay grade than the employee’s current position. The employee may bump into a position that has more hours. The employee shall have the opportunity to bump into another position in the employee’s current classification first, and if no positions are available, then into the current pay grade, and if no positions are available, then into a position of a lower pay grade. 4. A laid-off employee who wishes to exercise their right to bump must so inform the Employer within seven (7) business (M-F) days of their receipt of a layoff notice. 5. An employee who bumps into a position must accept the classification of the position (including salary) as well as the number and schedule of hours assigned to it. Laid-off employees who bump into positions at the same or lower classifications will maintain their existing hourly rate of pay, except that in no case shall the employee earn more than the maximum hourly rate of pay for their new grade. 6. An employee who is bumped out of a position is considered as being laid off when bumped and is then entitled to their bumping rights as described herein. 7. If a regular employee bumps a probationary employee or a probationary employee is filling a position which is being eliminated, the probationary employee may not exercise the reduction-in-force rights provided in this procedure. 8. An employee may bump into a position in which the incumbent is on an authorized leave of absence; in such cases the incumbent may exercise any of the reduction-in- force options upon receipt of written notice. An employee may bump into a position filled on a long-term basis by a temporary employee. Regular employees temporarily assigned to positions that are laid off or bumped from such positions have all employee rights of their regular, assigned positions. Employees may not bump into temporary positions, as defined in Article 10), in 2 of the Union contract. 9. Employees who bump into a new classification or if no vacancy exists in classification subsequently affected shall be removed within the affected classificationsubject to a six (6)-month trial service period. If two or more employees have identical system seniority, then the Employer determines during this trial service that 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 is not successful in 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 aboveposition, the employee shall may choose to be placed into a position previously held by permanent appointmenton the recall list for whatever period of time remains in the twenty-four (24)-month period from the original, commencing with the last previously held position and shall first fill a vacancy effective date of layoff. A second, unsuccessful trial service will result 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 senioritytermination of employment. D. The Employer shall establish a recall list for a period of twenty-four (24) months from the date of the layoff. Laid-off employees who do not bump may choose to have their names placed on the recall list. Employees on the recall list shall be considered first for all vacancies with the same or different (per 14.4.C.1) classification regardless of the FTE of the position last held, according to the principle of seniority; provided that the employee is qualified for the available position, except per 14.4.C.1. 1. Employees on the recall list must indicate to the Employer the types and/or locations of positions for which they desire to be notified. Notices of recall for vacant positions which fit the employees' instructions will be sent, via certified mail, to the employees at their last-known address and via email and telephone. Employees who fail to respond within ten (10) business days of being notified shall be considered to have quit and shall have their names removed from the recall list. 2. Employees may turn down a notice of recall one (1) time and remain on the recall list for the duration of the recall period. If an employee is not entitled to turns down a position under second and subsequent notice they will be permanently removed from the above, or waives his/her rights to all positions under the above, said employee shall be laid-offlist. 3. Any employee involuntarily displaced and/or laid-off Employees' names shall be placed on the recall list at the level of classification occupied at the time of layoff. 4. Employees on the recall list who are not eligible for recall to a threeparticular position by reason of their classification shall be considered for promotional opportunities along with all other applicants. 5. Employees shall have up to twenty-one (21) days to report to work after a recall, so long as they have met A.14.4.D.1 E. For the purposes of bumping or for re-employment from the recall list, an employee is considered "qualified" for the position if the employee has worked in the classification of the available position for at least thirty (30) days and/or the employee meets job description specifications for the particular position, with the exception of 14.4.C.1.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 17.01 When the layoff of permanent employees is anticipated the Employer shall determine the positions to be made in accordance with eliminated and/or the Rules number of the Dayton Civil Service Commission expressly applicable employees 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 The Employer will endeavour to give the Union as much advance notice of layoffs as is reasonably practicable in order that discussions may be held to provide an orderly and equitable layoff procedure. The Employer will meet with the Union on request to discuss ways of reducing the impact of the layoff on employees. Such ways may include but not be limited to canvassing other vacancies inside or outside the bargaining unit, exploring possible voluntary resignations and identifying available temporary work. 17.02 Layoffs will be in inverse order of seniority in the same job classification. Employees with greater seniority may displace employees with less seniority in a lower classification provided they have the demonstrated qualifications (with reasonable orientation) to perform the duties of the more junior employee. 17.03 If it becomes necessary for the Employer to lay off employees, the Employer shall provide to the employees affected: (a) at least two (2) weeks’ notice in writing in advance of the proposed layoff; or (b) basic pay in lieu of notice equal to at least two (2) weeks; or (c) a combination of notice and basic pay in lieu of notice equalling at least two (2) weeks. 17.04 During the notice period set forth above in Article 17.03 the employee involuntarily displaced and/or laid-may have paid time off shall to pursue internal and external employment opportunities, job search assistance, training or any other activity which could improve his chances of achieving a successful career transition. 17.05 For layoff purposes, the Employer will, unless otherwise determined by mutual agreement of the parties, attempt to place affected employees through the following process: (a) an employee to be laid off will be given opportunity to apply for any existing vacancies within the bargaining unit pursuant to the provisions of this Agreement; (b) an employee to be laid off will be given consideration for existing vacancies outside the bargaining unit, provided that in the opinion of the Employer it is appropriate to do so; (c) if there is more than one qualified candidate for a vacancy, the Employer will select the successful candidate pursuant to the provisions of this Agreement; (d) should an employee subject to layoff be placed on successfully into a threevacancy under this Article, the employee will be subject to a trial period pursuant to the provisions of this Agreement. 17.06 Permanent employees who are subject to layoff will retain their seniority in accordance with the provisions of Article 10 and have recall rights for their seniority retention period. 17.07 When the Employer declares a vacancy, the Employer will recall laid off employees in accordance with the provisions of Article 17.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals (a) Layoff and demotions recall shall be made in accordance with on the Rules basis of seniority, as defined under Article 12.01 among the Dayton Civil Service Commission expressly applicable to employees members within the classification. (b) In the event of the EMPLOYER. For the purpose of an involuntary reduction as layoffs, Members within a result of layoff, such layoffs job classification shall be conducted by classification, and displacements shall be conducted based on system seniority. The employee laid off in the order of seniority beginning with the least System wide seniority senior. (c) Members shall be recalled within their own job classification in inverse order of layoff. (d) If there are no Members in a job classification on recall, then a Member on recall from the other job classification shall be offered an available opening in another job class for which they can demonstrate ability to perform the job based upon the normal hiring criteria in a job posting. A Member who has accepted a position in another job classification retains the full rights of recall to a position within their own job classification as defined outlined in Article 1012.08(e). (e) Members who are laid-off shall retain the right of recall for two (2) years to the job classification following the date of layoff. Member’s right of recall shall be forfeited and the Member’s employment in the job classification for which they were laid off shall be deemed to be terminated when: (i) the Member declines recall to a job classification for which the laid-off employee has seniority; (ii) the Member fails to notify the Board of intention to return to employment within six (6) working days after notice of recall is sent by registered mail to the last address shown on the Board’s records. (iii) It shall be the duty of the laid-off Member to notify the Board promptly, in the classification or if no vacancy exists in classification subsequently affected shall be removed within the affected classificationwriting, of any change of address. If two or more employees have identical system senioritya laid-off Member should fail to do so, then the employee with Board shall not be responsible for failure of notice to reach the highest last four digits laid- off Member. Any notice sent by the Board by registered mail to the address of their social security number the laid-off Member, which appears on the Board’s records, shall be deemed to have been received by 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 senioritylaid-off Member. B. If not entitled (iv) A Member who is recalled to a position under with the above, Board following the employee effective date of termination shall be placed into a position previously held by permanent appointmentas though there were no break in service. Notwithstanding the foregoing, commencing with the last previously held position and shall first fill if 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 Member who is probationary is recalled to a position under the above, the employee shall be demoted to a non-tested part-time position with the most scheduled hours and Board more than ten (10) working days following the effective date of termination, time equivalent to the time on the recall list may be added to the remaining probationary period. Experience for grid purposes shall first fill a vacancy and if no vacancy exists then displace an employee in such non-tested part-time classification based on system senioritynot accrue during any period of layoff. 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

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except 1. When a reduction in force becomes necessary, the Employer shall determine the classification to be reduced, the number of employees in those classifications to be laid off, and the locations of the jobs to be reduced. In the application of seniority, as otherwise provided for in this agreementAgreement, all reductions, suspensions, removals and demotions it is understood that an employee 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 classificationexercise his seniority at this location, and displacements that any employee affected whose seniority no longer protects him at his location shall be conducted based on system seniority. The employee with then exercise his seniority as it applies across all locations within the least System wide seniority (as defined in Article 10), recognized Bargaining Unit. a. Probationary and temporary employees in the classification or if no vacancy exists in classification subsequently affected shall be removed within the first ones to be laid off. b. The least senior employee in the classifications 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 the next ones to have the equivalent of lower seniority. The continued employment of any be laid off. (1) An employee so removed from a position shall be determined when laid off may exercise his seniority in another classification in the following manner: A. Once displaced from their present classificationsame or lower salary grade, provided he has the current ability to perform satisfactorily the work that is available. However, an employee shall be demoted may exercise his seniority in another classification in a higher salary grade provided the employee has either previously performed satisfactorily in that higher classification for a period of thirty (30) working days or has received training that would qualify him to a lower grade position within perform in that higher classification, whichever is deemed appropriate by the classification series in descending order and shall be displaced into a vacancy and if no vacancy exists then displace Employer. (2) When an employee exercises his seniority 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 another classification, and if no vacancy exists, then he shall replace the employee shall displace an least senior employee in that classification based on system senioritywhose work he has the current ability to perform satisfactorily. Any employee thus replaced may utilize his seniority to replace another employee in the same fashion. C. If (3) An employee who exercises his seniority by replacing an employee in another classification shall not have classification seniority in that classification, but shall be entitled to a hold the new position under the above, the employee by virtue of his total seniority. He shall be demoted required to a non-tested return to his original classification when work becomes available in that classification. (4) An employee who declines to exercise his seniority in another classification shall have recall rights only in his original classification. (5) An employee when laid off must first exercise his seniority by replacing temporary or part-time position with employees, provided he has 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 senioritycurrent ability to perform satisfactorily the work that is available. D. If an employee is not entitled 2. At least fifteen (15) working days prior to a position under layoff, the above, or waives his/her rights to all positions under the above, said employee matter shall be laid-offdiscussed between the Manager of Labor Relations and the Union’s Bargaining Committee. Any employee involuntarily displaced and/or laid-scheduled to be laid off shall be placed notified in writing by the Director of Human Resources or designee at least ten (10) working days in advance of the layoff. An employee’s accrued vacation time shall not be used in lieu of this notice. An employee must exercise his seniority rights within five (5) working days from the date of layoff notice by notifying the Director of Human Resources in writing of same. 3. The President and Vice President of the Union and the Union’s Bargaining Committee shall have top seniority College-wide for layoff and recall purposes only, provided the individuals concerned have the current ability to perform satisfactorily the work that is available. Union Stewards shall have top seniority in the jurisdictional districts they represent, provided they have the current ability to perform satisfactorily the work that is available. Upon the expiration of their terms of office, the above Union officials shall revert to their respective original positions on the seniority list. 4. When employees are recalled, they shall be recalled in reverse order of their placement on layoff. They shall also have the right to accept a threerecall to a classification in an equal or lower pay grade, consistent with their seniority and their current ability to perform satisfactorily the work that is available. However, an employee may exercise his seniority in another classification in a higher salary grade provided the employee has previously performed satisfactorily in that higher classification for a period of thirty (30) working days. a. Notice of recall shall be sent to the laid off employee at his last address of record by registered or certified mail, return receipt requested. b. No new appointment shall be made while there is an available employee laid off who is qualified to fill the vacancy unless the employee fails to advise the Employer of his acceptance of employment within five (5) working days after the receipt of the notification from the Employer of the available position and fails to report to work within twelve (12) working days after said receipt. The employee may waive in writing recall to a classification without loss of seniority if he is working elsewhere and such recall is estimated by the Employer to be for less than thirty (30) working days.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Layoff and Recall. 14.01 Except as otherwise provided 14:01 Where there is a reduction in this agreementthe working force, all reductions, suspensions, removals and demotions the following procedures shall be made used: (a) All probationary employees through the plant shall be laid off first; (b) Thereafter employees shall be laid off in accordance with inverse order of seniority; Provided there are available employees who are able to satisfactorily perform the Rules of work to be done. Employees retained must be able to satisfactorily perform the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYERwork available and will be allowed a five (5) day familiarization period. For the purpose of this article a familiarization period will be defined as an involuntary reduction employee having previously held the classification, backup position or having acquired the same work experience in another classification. When an employee is laid off from their classification, they have three (3) working days from the date of layoff notification to notify the Company in writing of their desire to exercise their seniority and go to another classification for which they are able and qualified to perform. If the employee does not have the seniority to bump into that classification, and it later becomes available as a full time opening, that employee will be allowed the option to exercise their seniority to bump into that classification provided they have put their option in writing within the three (3) day period of layoff and they have the seniority to go. If employees are to be displaced from their current shift as a result of a layoff, such layoffs the following procedure shall apply: (a) The Company will provide the Union with the number of employees required to fill the open positions on the day and afternoon shifts. (b) The employees will fill the open positions by seniority and will carry their workcell selection to the new shift. In the event the midnight shift is cancelled and the displacement of employees from their work cells will exceed four (4) weeks, work cells will be repicked. 14:02 When there is an increase in the working force after a layoff the reverse of the above layoff procedure shall be conducted by followed. Employees recalled must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization period. 14:03 A list of employees to be laid off shall be made available to the Union at least forty- eight (48) hours prior to the layoff becoming effective. It is understood and agreed that the Company may give shorter notice of layoff in circumstances beyond the control of the Company. 14:04 In the event of a layoff which lasts longer than the balance of a regular shift upon which the layoff occurs, reduction in the working force shall be in accordance with the layoff procedure in 14:01 (above). In the event of a reduction of the workforce during a shift, the Company will canvass high seniority employees within the respective classification, to leave early prior to laying-off the lowest seniority employees for the balance of that shift, provided however, those lower seniority employees being retained are capable of performing the work available. 14:05 If an employee on layoff notifies the Company in writing that he shall not be available for a special period of time and displacements if he would have been recalled during that period of time the Company, subject to the efficient staffing of the plant, will bypass him during the recall and go to the next most senior employee and he shall not be conducted based on system seniority. The employee with entitled to further recall until such time as further employees are recalled and after the least System wide seniority (as defined in Article 10), in expiration of the classification or if no vacancy exists in classification subsequently affected shall specified period of time that he notified the Company that he would be removed within the affected classificationavailable. If two or more employees have identical system seniority, then the an employee with the highest last four digits of their social security number shall elects to be by-passed he will be deemed to have be on proper notice as required by the equivalent of lower seniority. The continued employment of any employee so removed from a position Employment Standards Act. 14:06 When students are employed they shall be determined in laid off before the following manner:employees. A. Once displaced from 14:07 The Plant Chairperson and the Vice Chairperson/Benefits Representative will be retained at work notwithstanding their present classification, position on the seniority list so long as work is available which they are able to satisfactorily perform. 14:08 If an employee shall be demoted who is off on Sickness and Accident Benefits, or Workers Compensation becomes fit to a lower grade position within return to work and so notifies the classification series in descending order and shall be displaced into a vacancy and if no vacancy exists then displace an employee in Company at least one (1) full work day before the lower grade position based on system seniority. B. If not entitled return to a position under the abovework of their intention to return to work, the employee shall will be placed into a position previously held by permanent appointment, commencing with paid four (4) hours pay pursuant to Article 24 of the last previously held position and shall first fill a vacancy in such classification, and Collective Agreement if no vacancy exists, then they are not notified prior to their return to work that they were laid off during the employee shall displace an employee in that classification based on system seniorityperiod of S & A or WSIB. 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

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise When there is a reduction in the working force, the following procedures shall be used: a) All probationary employees through the plant shall be laid off first; b) Thereafter, employees shall be laid off in inverse order of seniority provided there are available employees who are able to satisfactorily perform the work to be done. Employees retained must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization and instruction period. 14.02 If there is a reduction in this agreementa classification, all reductionsthe affected seniority employee shall have the right to utilize their seniority to another classification provided they are able to demonstrate satisfactorily to the Company that they have the skill and ability and/or previously acquired in another classification that they held. The affected seniority employee will be paid at the applicable rate of pay for the work performed in the new classification. 14.03 When there is an increase in the working force after a layoff the reverse of the above layoff procedure shall be followed. 14.04 Employees recalled must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization period. 14.05 Whenever possible, suspensions, removals and demotions a list of employees to be laid off shall be made available to the Union at least forty-eight (48) hours prior to the layoff becoming effective. It is understood and agreed that the Company may give shorter notice of layoff in circumstances beyond the control of the Company. 14.06 In the event of a layoff that lasts longer than the balance of a regular shift, upon which the layoff occurs, reduction in the working force shall be in accordance with the Rules layoff procedure in 14.01 (above). 14.07 In the event of a reduction of the Dayton Civil Service Commission expressly applicable workforce during a shift, high seniority employees within the respective classification will be canvassed to employees leave early prior to the layoff 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 lowest 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 provided however that the lower grade position based on system seniorityseniority employees are capable of performing the work available. 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 14.08 When students are employed they shall be laid-off. Any employee involuntarily displaced and/or laid-off shall before the employees. 14.09 The Shop Committee will be placed retained at work notwithstanding their position on a threethe seniority list so long as work is available which they are able to satisfactorily perform.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 12.1 Seniority shall be made defined as uninterrupted length of continuous service. In the case of identical seniority, employees shall flip a coin in accordance the presence of the Association President and the Superintendent to determine their respective order of seniority. The OAPSE Local 485 President may request and shall be given a seniority list of all bargaining unit members. If it becomes necessary to reduce the number of employees in a job classification, or the hours worked by an employee in a job classification due to abolishment of positions, lack of funds, or lack of work or other reasons set forth in Ohio Revised Code 3319.172, the following procedures shall govern such layoff. Prior to a decision to abolish a position, the OAPSE President must be notified with justification of reasons for the abolishment. 12.2 The number of people affected by reduction of force will be kept to a minimum by not employing replacements insofar as practical of employees who resign, retire, or otherwise vacate a position, after notification of the OAPSE President. 12.3 Whenever it becomes necessary to lay off employees by reasons as stated above, affected employees shall be laid off, (and for a partial RIF, hours shall be reduced for the affected employee), within the classification, according to seniority with the Rules least senior employee being laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Dayton Civil Service Commission expressly applicable to employees Board of Education, computed from the EMPLOYERlatest date of hire. For “Date of hire” is the first Board approved day of work. The following classifications shall be used for the purpose of defining classification seniority in the event of a lay off: Transportation, Administrative Assistant, Aide, Food Service, Maintenance/Custodial, and Grounds. Authorized leaves of absence and layoff do not constitute an involuntary reduction as interruption in continuous service; however, time spent on authorized leaves of absence and layoff shall not be counted towards years of seniority. In cases of identical seniority, employees shall, in the presence of the Association President and the Superintendent or his/her designee, flip a result coin to determine his/her respective order of seniority. 12.4 The classifications to be used for the purpose of defining seniority in the event of lay off will be those listed in the salary schedules of the agreement. 12.5 The Board of Education shall determine in which classification any layoffs should occur and the number of employees to be laid off (and for a partial RIF, the number of hours to be reduced). In the classification of layoff, such layoffs employees on limited contract 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 laid off before 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 seniorityemployed under a continuing contract. C. If not entitled 12.6 Any employee to a position under be laid off shall be given advanced written notice of such layoff prior to the above, date of the board of education meeting at which said action is to take place. This notification shall include the effective date of such layoff. 12.7 A recall list of employees laid off shall be maintained and employees shall be re-employed in the reverse order of layoff. Reinstatement shall be made from this list prior to any new employees being hired within that classification. The Association President shall be notified when reinstatement occurs and the names of employees expecting re-employment. Notice of such re-employment shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of the employee shall be demoted to a non-tested part-time position with keep 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 Board informed of his/her rights current address. If the employee fails to all positions under the aboveaccept re-employment, said employee shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threein writing, within fifteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement11.01 In the event there is a layoff of Employees, all reductions, suspensions, removals and demotions the following procedure shall apply: a. Probationary Employees will be laid off first; b. Employees will be laid off on the basis that the Employee having the least seniority shall be made the first to be laid off providing the remaining Employees have the necessary skill and ability to maintain the output and quality required to perform the work in accordance with question based on the Rules job description of the Dayton Civil Service Commission expressly applicable position being filled. c. An Employee in receipt of notice of layoff pursuant to employees Article XI may: i) accept the layoff; or ii) displace another Employee as per Articles 11.05 and 11.06 of this Agreement; iii) opt to retire, if eligible under the terms of the EMPLOYER. For the purpose OMERS pension plan. 11.02 No new Employee will be hired to perform work that an Employee on layoff is capable of an involuntary reduction as a result performing. 11.03 The Bargaining Units are separately certified, therefore there will be no intermingling of layoff, such layoffs shall be conducted by classificationseniority, and displacements shall be conducted based on system senioritylayoffs and recalls will occur independently. 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 Casual Employees will 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 threeseniority list, for layoff and recall purposes, and this clarification shall not apply to them. It is agreed and understood that casual Employees will be laid off prior to any part-time or full-time bargaining unit member receiving a layoff notice. Notwithstanding this, it is understood that the Employer shall consider the seniority and preferred work location for casual Employees when opportunities for future work become available. 11.04 Bumping is determined by seniority. An individual may "bump" into a position for which they have the skill and ability to perform the job provided that the position is at the same or lesser wage rate and is currently occupied by an Employee with lesser seniority. In order to bump into a position, the individual must require no training beyond familiarization and orientation. 11.05 a) Those who bump into another position to avoid layoff retain the right to be recalled to their original position for twelve (12) months if that position becomes available to be re-filled. If the individual refuses a recall to their original position, they will remain in their new position and lose all right to be recalled to their original position.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided ‌ In the event of a reduction of employees in this agreementa classification, all reductions, suspensions, removals and demotions the following order of layoff shall be made observed by the Court: (a) Part-time employees within each affected job classification will be laid off first, provided the remaining employees are fully qualified and capable of performing the work. (b) Probationary employees within each affected job classification will be laid off next, provided the remaining employees are fully qualified and capable of performing the work. (c) If an additional reduction in accordance with force is necessary, the Rules Court will lay off the employees within each affected job classification in order of seniority, least senior first, provided the remaining employees are fully qualified and capable of performing the work. (d) A seniority employee who is displaced from his job classification may exercise his seniority to displace the least senior employee in another job classification covered by this Agreement which carries a wage rate that is equal to or lower than the wage rate of the Dayton Civil Service Commission expressly laid off employee’s regular job classification, provided he is, immediately upon exercising his seniority, fully qualified and capable of performing the work with minimal orientation. An employee who exercises his seniority under this provision shall be paid the wage rate applicable to employees the job to which he transfers. Except in emergency circumstances, the Court shall notify the Union two (2) weeks in advance of a layoff. The notice will contain the names of the EMPLOYERemployees to be laid off, the time and date of layoff and the reasons therefore. For The Court will also post a duplicate notice of the purpose layoff list on the Court bulletin board. Recall to work of an involuntary reduction as a result of layoff, such layoffs laid off employees shall be conducted by classificationin seniority order; the most senior first, 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 within each affected shall be removed within the affected job classification. If two or more employees have identical system seniority, then In 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, event 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 does not entitled to a position under the aboveimmediately return upon notification of recall, the Court may place any other 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 available 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 threetemporary basis up to and including fifteen (15) working days, without prejudice and without liability.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as 11.01 In the event, due to return to work of employees leave of absence, suspension of schools, territorial changes affecting the District, reduced enrollment, lack of work, abolishment of positions or for financial reasons, the Board determines to reduce the number of employees in a job classification, the following procedures shall govern such layoff and/or subsequent reinstatement unless otherwise provided modified through the Ohio Revised Code after the effective date of this contract. 11.02 The number of employees affected by a reduction in this agreement, all reductions, suspensions, removals and demotions force shall be made in accordance kept to minimum by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position. 11.03 Affected employees shall be laid off according to seniority within the classification, with the Rules of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYERleast senior employee laid off first. For the purposes of this Article, classification seniority shall apply. Classification seniority shall be the total amount of time an employee has worked in a classification. Authorized paid or unpaid leaves of absence less than two (2) years do not constitute a break in continuous service for layoff and recall purposes. In the case of identical seniority, the least senior person shall be determined by the lowest last digit(s) in the Social Security Number unless a letter of intent exists documenting the date and/or time that the person was offered employment with the District. 11.04 An employee laid off from one (1) job classification shall be able to bump into another job classification in which he/she has worked and for which he/she is qualified, provided the employee exercising such bumping rights has greater seniority in that classification than the employee he/she seeks to displace. An employee may be deemed qualified if he/she has continued to maintain current knowledge and/or skills directly related to the classification since his/her prior employment in that job classification. An employee may be required to demonstrate professional development offerings in which he/she has participated or any areas of specialization or certification he/she has received in said job classification. In the event an employee bumps into another classification, he/she shall be placed on the salary step equal to but not less than his/her total years of service in the new job classification. 11.05 The classifications contained in Article 1.01-A shall be used for the purpose of an involuntary reduction as a result defining classification seniority in the event of layoff. 11.06 Before the effective date of layoff, such layoffs the Board shall prepare and post a list of the names, seniority dates, and classifications affected, indicating the identity of the employees to be laid off. A copy of the posting shall be conducted by classification, and displacements provided to the Union President. Each employee to be laid off shall be conducted based provided a fifteen (15) calendar day written notice in advance of the Board’s action which notice shall state: a. Reason(s) for the layoff b. The effective date of layoff c. A statement advising the employee of his/her right of reinstatement following layoff 11.07 For the classifications in which the layoffs occur, the Board shall prepare a reinstatement list. Names of employees on system senioritylayoff shall be placed on the list in reverse order of layoff. Reinstatement to vacant positions shall be from employees on this list in the classification in which the vacancy arises before any new employees are hired into that classification. 11.08 Vacancies which occur in the classification affected by layoff, whether full or part-time, shall be offered to the employees in the classification in which the vacancy arises standing highest on the recall list before the next person may be considered. The employee shall have a period of ten (10) days to accept or decline recall, with silence being assumed to be a refusal of recall. In 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, event 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 is recalled to a position under that would change his/her full-time or benefit status, he/she may elect to decline recall and remain in his/her place on the aboverecall list. In cases where an employee has accepted another position through 5.04 of the Agreement and is recalled and refuses the position from which he/she was laid off, the employee shall be placed into a will relinquish all recall rights to the 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 seniorityhe/she was laid off from. 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. 11.09 If an employee is not entitled to a position under the above, or waives exercises his/her rights to all positions under bump into another classification and displaces another employee, he/she must accept recall back to his/her layoff classification and will be placed accordingly on the abovesalary schedule at the time of layoff. 11.10 An employee who declines recall to a part-time position shall not lose his/her seniority for layoff/recall purposes to a less senior employee in like job classification at the time of layoff. 11.11 The employee's name shall remain on the recall list for a period of three (3) years following the effective date of layoff. Upon reinstatement, said the employee shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threeretain all previously accumulated seniority.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided 12.01 In the event of a reduction in this agreementthe full-time workforce of a department, all reductions, suspensions, removals and demotions la yoff shall be made in accordance commence 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 full-time employee with the least System wide amount of total seniority (as defined in Article 10)within the bargaining unit, within the job classification affected. 12.02 In the event of a reduction in the classification or if no vacancy exists in classification subsequently affected part-time workforce of a department, layoff shall be removed within commence with the affected classification. If two or more employees have identical system seniority, then the part-time employee with the highest last four digits least amount of their social security number total seniority within the bargaining unit, within the job classification affected. 12.03 A full-time employee given the notice of lay-off may utilize his/her seniority to displace the most junior full-time employee in a classification with the same or lower job rate provided the employee has the necessary ability and qualifications and provided the employee has greater seniority than the employee whose position is being claimed. If there are no full-time positions available for which the employee can utilize his/her seniority then the full-time employee given notice may utilize his/her seniority to displace the most junior part-time employee in a classification with the same or lower job rate provided the employee has the necessary ability and qualifications and provided the employee has greater seniority than the part-time employee whose position is being claimed. Employees displaced under this process shall have rights to the same procedure. 12.04 A part-time employee given the notice of lay-off may utilize his/her seniority to displace the most junior part-time employee in a classification with the same or lower job rate provided the employee has the necessary ability and qualifications and provided the employee has greater seniority than the employee whose position is being claimed. Employees displaced under this process shall have rights to the same procedure. 12.05 An employee who elects to use his seniority as in paragraphs 12.03 and 12.04 above, shall receive the rate of pay for the position which he/she secures. 12.06 Notice of lay-off shall be deemed given to have the equivalent an employee fourteen (14) calendar days in advance of lower senioritylay-off. The continued employment Region agrees to give as much further notice as is possible under this article. 12.07 In the event of any employee so removed from a position shall recall, positions will be determined filled in the following manner: A. Once displaced from their present classification, an reverse manner to the layoff provided the employee’s ability and qualifications are sufficient. A full-time employee shall will be demoted recalled to either 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 nonfull-tested time or part-time position with the most scheduled hours and shall first fill a vacancy and if no vacancy exists then displace an part- time employee in such non-tested will only be recalled to a part-time classification based on system seniorityposition. 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

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

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 18.01 Where a program is affected by reason of the Dayton Civil Service Commission expressly applicable to employees shortage 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), funds or operational changes or any other reason resulting in the classification or if no vacancy exists in classification subsequently affected shall be removed layoff of employees within the affected classificationprogram, the following procedures will apply: ▪ Casual employees within the program shall be laid off first; ▪ Then contract employees; ▪ Then part-time employees; ▪ And then finally permanent full-time employees. If two or more The least senior employees shall be the first to be laid off within the employment category, provided that the remaining employees are qualified and willing to satisfactorily perform the work which is available in the program. An employee who is subject to layoff in an affected program area shall have identical system senioritythe option to bump the least senior employee in another job within the same classification within the same unit, then provided the employee with is fully qualified and able within a five (5) working day familiarization period to do the highest last four digits of their social security number shall job. Should there be deemed to no positions within the same classification within the same unit, the employee will have the equivalent option to bump the least senior employee in another job within the same classification within other units of lower senioritythe organization, provided the employee is fully qualified and able within a five (5) working day familiarization period to do the job. The continued employment of any employee so removed from a position shall Should there be determined in the following manner: A. Once displaced from their present classification, an employee shall be demoted to a lower grade no 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 aboveemployee’s job classification, the employee will have the option to bump the least senior employee in a lower job classification within the same unit, provided the employee is fully qualified and able within a five (5) working day familiarization period to do the job. 18.02 Employees in a program shall be placed into a position previously held by permanent appointment, commencing with the last previously held position recalled in order of seniority within their employment category and shall first fill a vacancy in such their job classification, if they are fully qualified to perform the duties of the position within five (5) working days familiarization period. 18.03 WoodGreen agrees to maintain its portion of the premium costs for medical and if no vacancy existsdental coverage until the end of the month following the month in which the lay-off occurred, then provided the employee shall displace an employee pays their portion, if any, in that classification based on system seniorityadvance. C. If not entitled 18.04 WoodGreen agrees to a position under notify the above, Union prior to the employee shall be demoted lay-off of more than ten (10) employees governed by this agreement. WoodGreen and the Union agree to a non-tested part-time position with the most scheduled hours meet to discuss creative 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 seniorityalternative ways to alleviate or reduce staff lay- offs. D. If 18.05 In cases where an employee is not entitled to laid off for a position under period of twelve (12) consecutive months, WoodGreen will provide notice of termination or termination pay, and, if applicable, severance pay, as required by 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 threeEmployment Standards Act.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided Section 14.1. When the Employer determines it is necessary to reduce the number of employees in this agreementthe bargaining unit, all reductions, suspensions, removals and demotions the following procedures shall be made followed: A. Management will determine in accordance with which classification(s) the Rules of the Dayton Civil Service Commission expressly applicable layoffs are to occur. B. Bargaining unit 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 in each affected classification with the least System wide seniority total continuous service with the Adams County Children Services Board shall be laid off first. C. Management shall give the affected bargaining unit employees 21 calendar days written notice of their layoff unless prevented by emergency then notice will be as soon as possible (either Certified or Registered US Mail or by hand-delivery) indicating their right to bump bargaining unit employees within the same classification or lower classification (with less seniority) as defined determined by pay range, providing the employee is qualified to perform the function of the lower classification. Bargaining unit employees shall also have the right to bump into any classification in Article 10which they have previously served (providing there is a position available or there is a less senior employee that could be bumped), . D. The affected bargaining unit employees shall have 4 working days in which to submit their written requests to exercise their right to bump into any other position previously held or within the same or lower classification. The request to exercise the right to bump must be submitted to the Executive Director. E. The affected bargaining unit employee(s) must possess the required qualifications and must also have maintained any required certifications/training in order to bump into a previously held position or into a lower classification. Training will be available to all bargaining unit employees. F. Any bargaining unit employee who is bumped out of their position may exercise the same layoff rights as outlined in Section 14.1 (B) and (C) above. Section 14.2. Any employee who displaces (bumps) into a lower classification shall be assigned to a pay range in the lower classification as follows: A. The same numbered pay step in the new classification as the employee occupied in the classification from which he/she was laid off or displaced (bumped); or B. The pay step that corresponds with the number of years the employee has served with the Employer, if no vacancy exists in classification subsequently affected that step would be higher. Section 14.3. Prior to laying off any permanent, full-time bargaining unit employee, the following sequential order of reduction shall be removed implemented 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 classificationSeasonal and Temporary Employees; B. Probationary Part-time Employees; C. Permanent Part-Time Employees; D. Probationary Full-time Employees; Section 14.4. Laid off employees shall have recall rights for a period of eighteen (18) calendar months. Section 14.5. When the Employer decides to fill a position vacated, an employee bargaining unit employees shall be demoted recalled to a lower grade position within the classification series from which they were laid off or any lower classification in descending the inverse order and shall be displaced into a vacancy and if no vacancy exists then displace an employee in which they were laid off (provided they are qualified to do the work in the lower grade position based on system seniority. B. If not entitled classification). It is the responsibility of the laid off employee to a position under keep 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 Employer 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 formed of his/her rights current mailing address and telephone number. Section 14.6. Bargaining unit employees who fail to all positions under respond to a written notice of recall sent to the aboveemployee’s last known address as listed with the Employer, said employee by certified mail return receipt requested, within 10 workdays of the notice shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threeforfeit his/her right to recall for that particular position.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement(a) In the event of lay-off, all reductions, suspensions, removals and demotions employees shall be made laid-off in accordance with the Rules reverse order of their bargaining unit department seniority within their classification. (b) An employee given a layoff notice shall have the following options: (i) accept the lay-off, or; (ii) displace an employee who has a lower or identical paying job classification within the bargaining unit department, lesser bargaining unit department seniority and who is the least senior employee, if the employee who is subject to the layoff can perform the duties of the Dayton Civil Service Commission expressly applicable job classification without training other than orientation. Employees so displaced shall be laid off. (c) Subject to Article 15, employees shall be recalled in the order of their seniority, where jobs become available, provided that they have the ability to perform such jobs. The Employer shall give notice of recall by registered mail to the last recorded address 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 seniorityemployee. The employee with shall keep the Employer advised at all times of his current address. The employee shall return to work within seven (7) working days from the time that he receives notice of recall unless, on reasonable grounds, he is unable to do so. (d) When employees are laid off due to reduction of racing, the Employer will give notice of lay-off to every employee affected at least System wide seniority one month prior to the first day of the lay-off. (as defined in Article 10)e) In the event of a layoff, in employees who have reached 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 normal retirement age of their social security number sixty- five (65) years shall be deemed to have the equivalent of lower seniority. The continued employment of any employee so removed from a position shall be determined least seniority in the following manner: A. Once displaced from their present classification, an employee shall be demoted to a lower grade position within bargaining unit department for administering 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 seniorityprovisions of this Article. B. If not entitled (f) Seniority shall continue to a position under accumulate during 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 senioritytemporary seasonal layoff. C. If not entitled (g) The Employer agrees to a position under the above, the employee shall be demoted to a non-tested part-time position with the most scheduled hours maintain employer paid life insurance and shall first fill a vacancy and if no vacancy exists then displace an employee in such non-tested part-time classification based AD&D while on system senioritylay off. D. If an employee is not entitled to a position under (h) In 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 laidevent of lay-off shall be placed on a threethe Employer will continue to pay its portion of all insured benefits up to the end of the month in which the lay-off occurred.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions A. The word “layoff” 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 defined as a result reduction in the work force. When possible, the Employer shall give employees thirty (30) days notice 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. In the event there is need to reduce personnel, temporary and substitute employees who are not part of the bargaining unit will be laid off first. If not entitled a further reduction occurs, employees shall be laid off according to seniority in their classification, providing the seniority employee can do the job. (As per Article XV, G.) C. Employees who are being laid off shall have the right to assume a position under the above, the employee shall be placed into a for which they are qualified in another classification providing: 1. The position previously is 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 with less district seniority; and provided the bumping employee can perform the job. C. If not entitled to 2. The position is of the same or a lesser weekly base pay rate if in bus driving or the same or a lesser 50 day rate if in some other classification. 3. The position under provides for the above, the employee shall be demoted to a non-tested part-time position with the most scheduled same or fewer number of 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 seniorityper week. D. If Employees shall be recalled according to seniority in their classification. Employees on layoff shall be offered recall to other available positions in the department. ▇. ▇▇▇▇▇▇ and recall notices shall be sent by registered mail to the employee’s last known address, or by hand delivery. F. When a major cut back in the work assignment that is of ninety (90) days or one (1) semester duration (whichever is less) occurs to a seniority employee, that employee may bump a lower seniority employee within their classification, providing their schedule will allow the reassignment. G. Laid off bargaining unit members shall be offered the option to volunteer for substitute work for which they are qualified in the unit. Laid off employees who request, in writing, substitute work for which they are qualified shall be utilized before non-bargaining unit personnel are called in. However, there shall be no financial liability on the Board of Education in the event 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 threecalled.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided In the event of a reduction in this agreementthe number of employees in the plant, all reductions, suspensions, removals and demotions the employees to be laid off shall be made given five (5) working days notice of layoff except in accordance with circumstances which are beyond the Rules control of the Dayton Civil Service Commission expressly applicable Company, in which case the employees shall be given two (2) working days notice of layoff. The names of these employees shall be given in writing to employees the Plant Chairperson. Normal fluctuations in customer demands are not considered as beyond the control of the EMPLOYERCompany. 14.02 Layoffs shall be carried out as follows: a) Employees having greater amount of seniority shall be retained at work over employees having lesser amounts of seniority provided they are willing and able and have the skill and ability to perform the work. 14.03 Any employee affected by a reduction in the workforce, may exercise their seniority rights by notification to supervision of the classifications that they are willing to be recalled to, within three (3) working days of being notified. For Notice shall be in duplicate on forms supplied by the purpose Company and signed by the employee and supervision. 14.04 Any employee who is transferred to another job because of a layoff shall be paid the applicable job rate while so employed. 14.05 Notwithstanding their seniority status, the Plant Committee in the event of a layoff, shall continue at work as long as work is available in the Company for which they are willing and able and have the skill and ability to perform the work. 14.06 In the event that there is an increase in the workforce after a layoff, the Plant Committee shall be first to be recalled, as work is available in the Company which they are willing and able and have the skill and ability to perform the work. 14.07 Where a dispute arises regarding an employee being able to do the work available, he shall be given an opportunity to perform the job for a reasonable period not to exceed five (5) working days, unless his performance indicates injury or damage possibilities. 14.08 In the event 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), increase in the classification or if no vacancy exists in classification subsequently affected shall be removed within workforce, the affected classification. If two or more employees have identical system seniority, then Company agrees to call the most senior employee with on the highest last four digits of their social security number shall be deemed seniority list to have do 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 senioritywork available. 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. 14.09 If an employee is not entitled to laid off out of classification and then utilized in that classification for a position under period of five (5) consecutive days, he will be immediately reinstated back into 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-classification he was laid off shall be placed on a threefrom.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided 12.01 In the event of a reduction in this agreementrequired service demands within a seniority group defined herein, all reductionslayoff of staff shall, suspensionssubject to the following, removals be in reverse order of seniority, providing the remaining employees have the necessary qualifications and demotions ability to perform the available work. The Employer and the Union agree that the Employer may offer a “voluntary exit option” to specific groups of employees at its discretion in order to avoid layoffs. The plan shall be made provided to the union prior to the voluntary exit option being offered to the employees. 12.02 In the case of a subsequent increase in service demands, recall, subject to the provisions of Article 10.07(c) and 10.07(d), shall be in order of greatest seniority provided the employees with recall rights have the necessary qualifications and ability to perform the available work. (a) Where a layoff of a bargaining unit member is necessary, the Employer shall give the Union not less than ten (10) days prior to any notice as contemplated in Article 12.05 (a), to discuss the effect of such reduction on the level of services required and the classification level(s) of affected staff and hear any representations of the Union. The parties shall establish a joint Union/Management Redeployment Committee, as defined in The Letter of Understanding entitled “Redeployment Committee” attached hereto within fifteen (15) working days after the notice of layoff is given to the Union. Any agreement reached will be final and binding on all concerned. If no such agreement is reached, Article 12.04 will apply. (b) The Redeployment Committee shall be comprised of equal numbers of representatives of the Union and the Employer. Membership, terms of reference, frequency and time of meetings and other details of the Committee’s functioning will be subject to agreement between the Employer and the Union. Meetings of the Redeployment Committee shall be held during normal working hours and time spent attending such meetings shall be considered work time and shall be paid at the employee’s normal rate on a straight time basis. Time spent outside of regular work hours by employees attending the Redeployment Committee meetings will be paid for at the employee’s normal rate of pay on a straight time basis. The Committee will continue to meet on an ongoing regular basis to minimize impact on service. 12.04 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 their seniority within the affected position in a branch or department. Employees in receipt of a layoff notice shall elect one of the following options within five (5) working days: 1. Elect to displace a less senior employee in a permanent position, in the same or lower classification, where the displacing employee has the skills and qualifications to perform the duties of the position (subject to a fifteen (15) day familiarization period) and greater seniority than the incumbent employee. It is understood that the displacing employee accepts the terms and conditions of the elected position; 2. Accept the layoff, waive the right to recall, resign, and receive any termination and severance pay of two (2) weeks salary for each year of continuous service to a maximum of twenty-six (26) weeks pay inclusive of obligations under the Employment Standards Act, 2000; 3. Elect to be placed on the recall list in accordance with this Article; or 4. Accept a vacant position at the Rules same or lower classification for which they have the skills and qualifications to perform the duties of the Dayton Civil Service Commission expressly applicable to employees position. It is understood that the employee accepts the terms and conditions 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 seniorityelected position. B. If not entitled (a) The Employer agrees to provide employees with 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 threeminimum of ten

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement12.01 In case it becomes necessary to reduce the working force, all reductionsthe Employer will notify Employees who are to be laid off twenty-eight (28) calendar days prior to the layoff, suspensionsexcept no notice will be required nor will apply where the layoff results from emergency conditions or circumstances. In the case of a probationary Employee, removals and demotions no notice of layoff shall be made required. 12.02 In case it becomes necessary to reduce the working force, Employees will be laid off in accordance with reverse order of seniority provided that the Rules remaining Employees have the skills, knowledge and training to satisfactorily perform the available work. 12.03 No new Employees will be hired while there are other Employees on layoffs as long as laid off Employees have the skills, knowledge and training to perform the work required and are available to do so. If a new Employee is hired in circumstances where laid off Employees are not available, such new Employees shall be hired only for such time as the laid off Employee is not available. 12.04 Employees affected by layoff should make prior arrangements for payment of the Dayton Civil Service Commission expressly full premium of any applicable to employees benefit plan such as Alberta Health Care Insurance, etc. 12.05 Other than the continuance of certain benefits as may be arranged under Article 12.04 and the EMPLOYER. For the purpose retention of seniority under Article 11 an involuntary reduction as a result of layoff, such layoffs Employee’s right while on layoff shall be conducted by classificationlimited to the right to recall only as specified in Articles 12.07 and 12. 12.06 Employees on layoff are responsible for informing the Employer of any change in address or telephone number which may be used to contact them for recall. 12.07 When increasing the work force, and displacements recalls shall be conducted based on system seniority. carried out in order of seniority provided the Employee being recalled has the skills, training and knowledge to perform the required work satisfactorily. 12.08 The employee with the least System wide seniority (as defined Employer shall offer relief work to laid off Employees first, up to their pre layoff FTE status 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 order of their seniority, then providing the employee with Employee can perform the highest last four digits of their social security number required work satisfactory before offering the work to a casual Employee. An Employee on layoff shall be deemed to have the equivalent right to refuse an offer of lower seniority. The continued employment a work period 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 threefourteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided 11.1 Layoff is a reduction in this agreementthe work force, all reductions, suspensions, removals and demotions exclusive of summer recess. 11.2 Employees shall be made laid off by classification and in accordance inverse order of their classification seniority with the Rules least senior employee on the seniority list within the classification being laid off first (provided the more senior employee is qualified to perform the duties of the Dayton Civil Service Commission expressly applicable to position). 11.3 Displaced employees or employees whose hours are reduced may bump any less senior employee in any classification where classification seniority has been accrued, provided that the employee meets all of the EMPLOYERqualifications required in the position held by the less senior employee. For Employees who are bumped shall receive seven (7) calendar days' notice. Under no circumstances shall this notice requirement result in two (2) employees working the purpose of an involuntary reduction as a result same position at the same time. 11.4 Employees shall receive fifteen (15) calendar days' notice of layoff. Acts of God shall eliminate the notice requirement. 11.5 Employees on layoff shall remain on the seniority list for a maximum of three (3) years or for the length of their seniority, such layoffs whichever is less. 11.6 When recalling laid off employees, they will be recalled according to seniority within their classification. Notice of recall shall be conducted sent to the employee at his/her last known address by classificationregistered or certified mail. A recalled employee shall have forty-eight (48) hours to notify the administration of his/her intent to return to work. If the recalled employee fails to report to work in fifteen (15) calendar days, and displacements he/she shall be conducted based on system seniorityconsidered a quit, except that he/she may notify the Superintendent within the forty-eight (48) hour notification prior to make other mutually satisfactory arrangements. 11.7 No employee shall be forced to accept recall to a classification or hours lower than that which was held prior to the layoff. The employee with shall remain on 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 layoff list and shall continue to be displaced into a vacancy and if no vacancy exists then displace an employee in the lower grade position based on system seniorityeligible for recall. 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

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 17.01 When the layoff of permanent employees is anticipated the Employer shall determine the positions to be made in accordance with eliminated and/or the Rules number of the Dayton Civil Service Commission expressly applicable employees 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 The Employer will endeavour to give the Union as much advance notice of layoffs as is reasonably practicable in order that discussions may be held to provide an orderly and equitable layoff procedure. The Employer will meet with the Union on request to discuss ways of reducing the impact of the layoff on employees. Such ways may include but not be limited to canvassing other vacancies inside or outside the bargaining unit, exploring possible voluntary resignations and identifying available temporary work. 17.02 Layoffs will be in inverse order of seniority in the same job classification. Employees with greater seniority may displace employees with less seniority in a lower classification provided they have the demonstrated qualifications (with reasonable orientation) to perform the duties of the more junior employee. 17.03 If it becomes necessary for the Employer to layoff employees, the Employer shall provide to the employees affected: (a) at least two (2) weeks notice in writing in advance of the proposed layoff; or (b) basic pay in lieu of notice equal to at least two (2) weeks; or (c) a combination of notice and basic pay in lieu of notice equalling at least two (2) weeks. 17.04 During the notice period set forth above in Article 17.03 the employee involuntarily displaced and/or laid-may have paid time off shall to pursue internal and external employment opportunities, job search assistance, training or any other activity which could improve his chances of achieving a successful career transition. 17.05 For layoff purposes, the Employer will, unless otherwise determined by mutual agreement of the parties, attempt to place affected employees through the following process: (a) an employee to be laid off will be given opportunity to apply for any existing vacancies within the bargaining unit pursuant to the provisions of this Agreement; (b) an employee to be laid off will be given consideration for existing vacancies outside the bargaining unit, provided that in the opinion of the Employer it is appropriate to do so; (c) if there is more than one qualified candidate for a vacancy, the Employer will select the successful candidate pursuant to the provisions of this Agreement; (d) should an employee subject to layoff be placed on successfully into a threevacancy under this Article, the employee will be subject to a trial period pursuant to the provisions of this Agreement. 17.06 Permanent employees who are subject to layoff will retain their seniority in accordance with the provisions of Article 10 and have recall rights for their seniority retention period. 17.07 When the Employer declares a vacancy, the Employer will recall laid off employees in accordance with the provisions of Article 17.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided Section 14.1. When the Employer determines it is necessary to reduce the number of employees in this agreementthe bargaining unit, all reductions, suspensions, removals and demotions the following procedures shall be made followed: A. Management will determine in accordance with which classification(s) the Rules of the Dayton Civil Service Commission expressly applicable layoffs are to occur. B. Bargaining unit 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 in each affected classification with the least System wide seniority total continuous service with the ▇▇▇▇▇ County Children Services Board shall be laid off first. C. Management shall give the affected bargaining unit employees 21 calendar days written notice of their layoff unless prevented by emergency then notice will be as soon as possible (either Certified or Registered US Mail or by hand-delivery) indicating their right to bump bargaining unit employees within the same classification or lower classification (with less seniority) as defined determined by pay range, providing the employee is qualified to perform the function of the lower classification. Bargaining unit employees shall also have the right to bump into any classification in Article 10which they have previously served (providing there is a position available or there is a less senior employee that could be bumped), . D. The affected bargaining unit employees shall have 4 working days in which to submit their written requests to exercise their right to bump into any other position previously held or within the same or lower classification. The request to exercise the right to bump must be submitted to the Executive Director. E. The affected bargaining unit employee(s) must possess the required qualifications and must also have maintained any required certifications/training in order to bump into a previously held position or into a lower classification. Training will be available to all bargaining unit employees. F. Any bargaining unit employee who is bumped out of their position may exercise the same layoff rights as outlined in Section 14.1 (B) and (C) above. Section 14.2. Any employee who displaces (bumps) into a lower classification shall be assigned to a pay range in the lower classification as follows: A. The same numbered pay step in the new classification as the employee occupied in the classification from which he/she was laid off or displaced (bumped); or B. The pay step that corresponds with the number of years the employee has served with the Employer, if no vacancy exists in classification subsequently affected that step would be higher. Section 14.3. Prior to laying off any permanent, full-time bargaining unit employee, the following sequential order of reduction shall be removed implemented 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 classificationSeasonal and Temporary Employees; B. Probationary Part-time Employees; C. Permanent Part-Time Employees; D. Probationary Full-time Employees; Section 14.4. Laid off employees shall have recall rights for a period of eighteen (18) calendar months. Section 14.5. When the Employer decides to fill a position vacated, an employee bargaining unit employees shall be demoted recalled to a lower grade position within the classification series from which they were laid off or any lower classification in descending the inverse order and shall be displaced into a vacancy and if no vacancy exists then displace an employee in which they were laid off (provided they are qualified to do the work in the lower grade position based on system seniority. B. If not entitled classification). It is the responsibility of the laid off employee to a position under keep 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 Employer 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 formed of his/her rights current mailing address and telephone number. Section 14.6. Bargaining unit employees who fail to all positions under respond to a written notice of recall sent to the aboveemployee’s last known address as listed with the Employer, said employee by certified mail return receipt requested, within 10 workdays of the notice shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threeforfeit his/her right to recall for that particular position.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as 11.01 In the event, due to return to work of employees leave of absence, suspension of schools, territorial changes affecting the district, reduced enrollment, lack of work, abolishment of positions or for financial reasons, the Board of Education determines to reduce the number of employees in a job classification, the following procedures shall govern such layoff and/or subsequent reinstatement unless otherwise provided modified through the Ohio Revised Code after the effective date of this contract. 11.02 The number of employees affected by a reduction in this agreement, all reductions, suspensions, removals and demotions force shall be made in accordance kept to minimum by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position. 11.03 Affected employees shall be laid off according to seniority within the classification, with the Rules of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYERleast senior employee laid off first. For the purposes of this Article, classification seniority shall apply. Classification seniority shall be the total amount of time an employee has worked in a classification. Authorized paid or unpaid leaves of absence less than two (2) years do not constitute a break in continuous service for layoff and recall purposes. In the case of identical seniority, the least senior person shall be determined by the lowest last digit(s) in the Social Security Number unless a letter of intent exists documenting the date and/or time that the person was offered employment with the District. 11.04 An employee laid off from one job classification shall be able to bump into another job classification in which she/he has worked and for which she/he is qualified, provided the employee exercising such bumping rights has greater seniority in that classification than the employee she/he seeks to displace. An employee may be deemed qualified if he/she has continued to maintain current knowledge and/or skills directly related to the classification since his/her prior employment in that job classification. An employee may be required to demonstrate professional development offerings in which he/she has participated or any areas of specialization or certification he/she has received in said job classification. In the event an employee bumps into another classification, he/she shall be placed on the salary step equal to but not less than his/her total years of service in the new job classification. 11.05 The following classifications contained in Article 1.01-A shall be used for the purpose of an involuntary reduction as a result defining classification seniority in the event of layoff. 11.06 Before the effective date of layoff, such layoffs the Board shall prepare and post a list of the names, seniority dates and classifications affected, indicating the identity of the employees to be laid off. A copy of the posting shall be conducted by classification, and displacements provided to the Union President. Each employee to be laid off shall be conducted based provided a fifteen (15) calendar day written notice in advance of the Board’s action which notice shall state: a. Reason(s) for the layoff; b. The effective date of layoff; c. A statement advising the employee of her/his right of reinstatement following layoff. 11.07 For the classifications in which the layoffs occur, the Board shall prepare a reinstatement list. Names of employees on system senioritylayoff shall be placed on the list in reverse order of layoff. Reinstatement to vacant positions shall be from employees on this list in the classification in which the vacancy arises before any new employees are hired into that classification. 11.08 Vacancies which occur in the classification affected by layoff, whether full or part-time, shall be offered to the employees in the classification in which the vacancy arises standing highest on the recall list before the next person may be considered. The employee shall have a period of ten (10) days to accept or decline recall, with silence being assumed to be a refusal of recall. In 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, event 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 is recalled to a position under that would change his/her full-time or benefit status, he/she may elect to decline recall and remain in their place on the aboverecall list. In cases where an employee has accepted another position through 5.03 of the Agreement and is recalled and refuses the position from which he/she was laid off, the employee shall be placed into a will relinquish all recall rights to the 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 seniorityhe/she was laid off from. 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. 11.09 If an employee is not entitled to a position under the above, or waives exercises his/her rights to all positions under bump into another classification and displaces another employee, he/she must accept recall back to his/her layoff classification and will be placed accordingly on the abovesalary schedule at the time of layoff. 11.10 An employee who declines recall to a part-time position shall not lose his/her seniority for layoff/recall purposes to a less senior employee in like job classification at the time of layoff. 11.11 The employee's name shall remain on the recall list for a period of three (3) years following the effective date of layoff. Upon reinstatement, said the employee shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threeretain all previously accumulated seniority.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement(a) In the event of a staff reduction at a Community Centre, all reductions, suspensions, removals and demotions employees working eighteen (18) hours per week or greater shall be made removed from work in accordance reverse order of seniority within the job title. An employee at the respective Community Centre may bump an employee, within the same Community Centre, with less seniority, provided she/he is immediately qualified to perform the Rules duties of the Dayton Civil Service Commission expressly applicable to employees of position held by 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 seniorityless senior employee. The employee with electing to bump an employee having less seniority shall confirm her/his intention to bump within seven (7) calendar days of the least System wide seniority notice of lay‐off. The confirmation shall be provided in writing to the Executive Director. (b) When work becomes available, laid‐off employees as defined in Article 10clause 16.01(a), in if not more than eighteen (18) months have elapsed from the classification or if no vacancy exists in classification subsequently affected date they became surplus to the work requirements, shall be removed re‐employed in order of seniority, provided that they possess the necessary qualifications for the work. During the period in which they are surplus to the work requirements, these employees shall not be entitled to the rights or benefits provided under this Agreement, other than the right of recall within the affected classification. If two specified period as provided herein. 16.02 Subject to clause 16.01(b), seniority is not to be considered a reason for continuity of the employment relationship during or more employees after an eighteen (18) month non‐working period caused by a staff reduction. 16.03 Employees who have identical system seniority, then been laid off for less than eighteen (18) continuous months and who have not passed their probationary period will be given preference for re‐employment provided they possess the qualifications for the work available. 16.04 All benefits accumulated by an employee with the highest last four digits of their social security number prior to a staff reduction shall be deemed suspended during the period they are surplus to have the equivalent of lower senioritywork requirements. The continued employment of any employee so removed from a position Upon re‐employment, benefits shall be determined in again commence, subject to 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 seniorityrequirements thereof. 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

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions A. The word “layoff” 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 defined as a result reduction in the work force. When possible, the Employer shall give employees thirty (30) days notice 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. In the event there is need to reduce personnel, temporary and substitute employees who are not part of the bargaining unit will be laid off first. If not entitled a further reduction occurs, employees shall be laid off according to seniority in their classification, providing the seniority employee can do the job. (As per Article XV, G.) C. Employees who are being laid off shall have the right to assume a position under the above, the employee shall be placed into a for which they are qualified in another classification providing: 1. The position previously is 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 with less district seniority; and provided the bumping employee can perform the job. C. If not entitled to 2. The position is of the same or a lesser weekly base pay rate if in bus driving or the same or a lesser 50 day rate if in some other classification. 3. The position under provides for the above, the employee shall be demoted to a non-tested part-time position with the most scheduled same or fewer number of 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 seniorityper week. D. If Employees shall be recalled according to seniority in their classification. Employees on layoff shall be offered recall to other available positions in the department. E. Layoff and recall notices shall be sent by registered mail to the employee’s last known address, or by hand delivery. F. When a major cut back in the work assignment that is of ninety (90) days or one (1) semester duration (whichever is less) occurs to a seniority employee, that employee may bump a lower seniority employee within their classification, providing their schedule will allow the reassignment. G. Laid off bargaining unit members shall be offered the option to volunteer for substitute work for which they are qualified in the unit. Laid off employees who request, in writing, substitute work for which they are qualified shall be utilized before non-bargaining unit personnel are called in. However, there shall be no financial liability on the Board of Education in the event 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 threecalled.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except a) If a reduction of regular employees is necessary due to a shortage of work or budgetary restraints, the Employer shall meet with, and advise the Union of the proposed reduction and the jobs affected as otherwise provided soon as possible, and no reduction in this agreement, all reductions, suspensions, removals and demotions staff shall occur until the following procedures are applied. The basic principle in applying layoff to any regular employee shall be made last hired, first laid off provided the retained employee can perform the job. b) Not less than ten working days written notice (20 working days for employees with five years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice is not given, pay in accordance with lieu will be provided. c) The Employer will endeavour to place regular employees so affected in other vacant positions within 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 Victoria Regional Transit System wide seniority (as defined in Article 10)for which, in the classification opinion of the Employer, they are qualified or if no vacancy exists will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed 60 calendar days. In such cases the Union agrees to waive the requirement to post. Where placement in classification subsequently affected an equal level job is made available to an employee, the employee shall not have any bumping rights under this Article. 8.02 A regular employee who is subject to layoff, and not eligible for placement under 8.01(c), may elect to exercise their bumping rights, in the Victoria Regional Transit System on the following basis: a) An employee with less seniority in the same job classification, or failing that, either: b) (i) An employee with less seniority in a job which the employee subject to layoff held as a regular employee, or (ii) Bumping is also allowed to an equal or lower group that the displaced employee has not previously held but which, in the opinion of the Employer, the employee is qualified or will be removed qualified within the affected classificationa reasonable period of training and orientation. Such period of orientation is not to exceed 30 working days. If two or more employees have identical system seniority, then after 30 working days the bump is unsuccessful the employee with may choose a second bumping subject to the highest last four digits of their social security number shall be deemed to have above criteria. If 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 abovesecond bump is also unsuccessful after 30 working days, the employee shall be placed into a position previously held by permanent appointment, commencing with on the last previously held position recall list 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 will fall 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 seniorityprovisions of Article 8.06. 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

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided Section 17.1 In the event of a reduction in this agreementstaff, all reductionsfirst temporary, suspensionsthen probationary, removals and demotions shall be made in accordance with the Rules of the Dayton Civil Service Commission expressly applicable to then part-time, then full-time 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 groups affected shall be removed laid off. Next, employees with low seniority in the classification group affected will be laid off, with the right to bump into any pay grade classification, based upon College-wide seniority, provided he/she is qualified to perform the work of the other position. Qualified shall mean possessing the minimum qualifications for the respective position and where the association and the administration agree that the employee has the potential to perform the duties required in the new position. Section 17.2 For the purposes of layoff and recall, there shall be three (3) separate pay grade classification groups that may not be crossed in determining bumping rights. In descending order, the groups are as follows: Maintenance Support IV Grant-funded positions Custodian Support III Support II Support I Contract-funded positions Section 17.3 In reducing the work force of a group because of lack of work or funds within the affected classificationCollege, the last employee hired in the group will be the first employee laid off in the group and the last employee laid off in the group will be the first employee recalled, provided he/she is qualified to perform the work of the other position. If two or more employees have identical system seniority, then Qualified shall mean possessing the minimum qualifications for the respective position and where the association and the administration agree that the employee with has the highest last four digits of their social security number shall be deemed potential to have perform the equivalent of lower seniority. The continued employment of any employee so removed from a position shall be determined duties required in the following manner:new position. An employee's right to recall shall exist for a period of up to two (2) years from the date of layoff. 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 Section 17.4 If any person who is employed in the lower grade position based on system seniority. B. If not entitled bargaining unit at the time this Agreement is ratified should hereafter be reduced 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 status, health insurance benefits shall be continued without cost so long as the most employee is scheduled to work twenty-four (24) or more hours per week. If the employee should be scheduled to work fewer hours, the Board’s contribution toward the cost of such health insurance benefits shall be pro-rated on the basis of the employee’s 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 seniorityto forty (40). D. If Section 17.5 The Administration shall give notice of an impending layoff to the affected employee is not entitled at least fourteen (14) calendar days prior to a position under the above, or waives his/her effective date of the layoff. Employees must exercise any bumping rights to all positions under by the above, said employee shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threeeffective date of the layoff.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. 14.01 Except 13:01 In the event management determines a need to reduce staff in a given classification, a) the most junior employee in the classification will be surplussed and will exercise his/her seniority rights to bump another position in the same classification or another classification at the same or lower grade in the bargaining unit. The surplussed employee will be permitted to displace a more junior employee in any other classification provided the surplussed employee has the necessary ability, qualifications, and skill to fulfil the requirements of the position concerned with normal instruction and training; b) any employee who is displaced as otherwise a result of this process will displace a more junior employee on the same basis as provided for in a) above; c) in the event the surplussed or displaced employee is unable to displace a junior employee, that employee will proceed to lay off. 13:02 The Company will give an employee who has acquired seniority under this agreementCollective Agreement notice, all reductionsor pay in lieu of notice, suspensions, removals and demotions shall be made of layoff in accordance with the Rules of Employment Standards Act. 13:03 Where management determines it has a need to increase its total active staff, including temporary requirements, after having gone through the Dayton Civil Service Commission expressly applicable to posting process as required by Article 12, while there are available employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoffwith recall rights, such layoffs employees shall be conducted by classification, and displacements shall be conducted based on system seniority. The employee recalled in seniority order beginning 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 greatest seniority. 13:04 A laid off employee, who is recalled to work to a permanent position in the same classification as he/she was laid off, or such higher classification for which the employee has the necessary ability, qualifications, competence and skill, but declines such recall, will be deemed to have quit and lose his/her seniority rights and be terminated under the equivalent provisions of lower seniorityArticle 11:04, unless the employee cannot report to work on the day specified, due to illness or injury. The continued employment Such illness or injury must be substantiated by a valid medical certificate. An employee who is unable to report due to illness or injury will retain his/her seniority rights shall be returned to work upon providing medical documentation to the employer of being able to return. 13:05 No new employees will be hired until laid off employees who are eligible for recall as prescribed by this article have been given the opportunity to return to work. 13:06 A copy of any layoff notice will be sent to the Union at the same time as it is given or mailed to the employee so removed from a position concerned. 13:07 The Company agrees to meet with the Union, upon request, for the purpose of discussing the application of the layoff and recall language. 13:08 When the company is required to permanently lay off an employee(s), the company shall be determined first offer voluntary permanent layoff beginning with the highest seniority employee and continuing until the number of employees accepting the voluntary permanent layoff is equal to the number of layoffs required. In the event that there are not enough volunteers for permanent layoff, the most junior employee(s) in the following manner: A. Once displaced from their present classification, classification will be permanently laid off until the number of layoffs are equal to the number of layoffs required. In the event 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 elects voluntary permanent layoff or 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 event an employee is not entitled permanently laid off, the company shall pay severance to such an employee as follows: a) For employees with two (2) years completed service, but less than ten (10) completed years of service - one and one half (1-1/2) weeks pay per year of completed service; b) For employees with ten (10) completed years of service but less than twenty (20) completed years of service – two (2) weeks pay per year of completed service to a position maximum of thirty (30) weeks; c) For employees with twenty (20) completed years of service or greater – two (2) weeks pay per year of completed service to a maximum of thirty-five (35) weeks. Employees who volunteer for permanent layoff or are permanently laid off and receive severance as outlined above will not be subject to recall. The severance provided in this article shall be inclusive of any requirements under the aboveEmployment Standards Act, not pyramided on top. d) For employees with twenty-five (25) years of completed service or waives his/her rights to all positions under the abovegreater, said employee shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threetwo

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided In the event a layoff is necessary, the Employer and the Union agree to work jointly to minimize any adverse effects of any layoff to employees. (a) Where an individual’s own job is not available for eighty (80) hours or less, the Company will assign the individual other work if such work is available. Further, in this agreementdetermining such assignments, all reductions, suspensions, removals and demotions shall be made in accordance with it is the Rules Company’s practice to attempt to assign the more senior employees the higher rated of the Dayton Civil Service Commission expressly applicable to employees work which is available where this is practical. The application of the EMPLOYERabove practice is subject always to the following conditions: (i) Employees must be fully qualified and capable of performing any work to which they are assigned. (ii) Such reassignments must not result in the displacement of employees in posted jobs. For the purpose of an involuntary reduction as this Article, a result Line Associate is not considered a posted job. (iii) In the event such reassignments is not available and results in a layoff from work longer than forty (40) hours, affected employees will be allowed to temporarily displace the most junior employees in the factory, wherever their skill and ability allows them to displace. (b) In the event of a layoff that is anticipated to be in excess of eighty (80) hours (not including scheduled weekend shifts that are part of your scheduled work week), affected employees will be allowed to bump posted jobs based on the following factors: (i) full-time seniority in the case of a lay-off involving full-time employees, or part-time seniority in the case of a lay-off involving part-time employees; (ii) skill and ability required for the job. It is understood that where the qualifications referred to in factor (ii) above are relatively equal, factor (i) will govern. 14.02 In the event of a layoff in excess of eighty (80) hours (not including scheduled weekend shifts that are part of your scheduled work week), affected employees will be laid off in the reverse order of seniority and the foregoing layoff formula will be applied by groups in the following sequences provided the remaining work force has the skill and ability required to perform the available work: (i) Probationary employees (new hire) (ii) Seniority employees (i) Students (ii) Probationary employees (new hire) (iii) Seniority employees It is understood that no temporary or casual workers will be utilized in the workplace while any regular employee is on lay-off provided that the regular employees are qualified to do the work in question. 14.03 When increasing the work force after a layoff, employees will be recalled in order of seniority provided that the resulting work force has the required skill and ability to perform the available work. 14.04 A full-time employee shall acquire the right to bump employees with less plant seniority from other jobs only when her regular job is permanently eliminated. In such layoffs event the bumping procedure shall be conducted by classification, and displacements as follows: A full-time employee shall be conducted based allowed to displace the most junior employee from the full-time employee’s classification provided that in the opinion of the Company she has the required skill and ability to do the job. Any resulted displaced employee will subsequently displace the most junior full-time employee in the next classification down until the most junior full-time employee plant wide is displaced, provided that in the opinion of the Company she has the required skill and ability to do the job. Displacement into a higher classification shall be allowed in accordance with the terms of this article only in circumstances where senior employees would otherwise be laid off outside of seniority. For the purposes of this article, the term classification shall refer to all jobs in a Group defined under Schedule “A”. With the exception of the full-time employee forced to displaced the most junior full-time employee in the plant, employees electing to bump under this article will not be eligible to post or transfer to a new position for a minimum period of six (6) months, except in cases where their previous position becomes available. 14.05 In the evaluation of skill and ability as referred to in Articles 14.01, 14.02, 14.03, 14.04 and 14.09, the Company shall be the judge, provided however, if an employee believes that proper consideration of her skill and ability has not been given, she may file a grievance under Article 10. (a) In the event of a lay-off affecting full-time employees, the employees so affected shall have the option of: (i) accepting transfer to part-time status; or (ii) being placed on system senioritylay-off status (b) Employees who elect a transfer to part-time status as per Article 14.06 (a) (i) will be employed on a day-to-day basis prior to any remaining part-time employees to perform such scheduled or call-in work as arises prior to their recall to full-time work. Such work will be allocated to these transferred employees on a rotational basis. (c) After twenty-four (24) months employees will revert to part-time status and will lose their full- time recall rights. 14.07 The Company shall notify an employee of her recall to work by telephoning the last number on record with the Company. Where the Company is unable to contact the employee by telephone, recall notice will be sent by registered mail to the last address on record with the Company. The employee is solely responsible for their proper address and telephone number being on record with the least System wide seniority (as defined in Article 10), in Company. The notification shall state 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 job to which the employee with is to be recalled and 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 date 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, time at which the employee shall be placed into a position previously held by permanent appointment, commencing with report to work. It is the last previously held position and shall first fill a vacancy in such classification, and if no vacancy exists, then sole responsibility of the employee shall displace an employee in that classification based on system seniorityto notify the Company of her intention to return to work within three (3) working days of receiving her notice of recall and return to work within ten (10) calendar days after receiving recall notice. Employees who fail to return to work within ten (10) days will forfeit their right to recall. C. If 14.08 The Company will advise the Union one week in advance of any layoff which is expected to continue in excess of eighty (80) hours (not entitled to a position under including scheduled Saturday and Sunday shifts). 14.09 For the abovepurpose of layoff and recall in excess of eighty (80) hours, the employee Local Union Executive, Chief ▇▇▇▇▇▇▇ and Stewards shall be demoted have preferential seniority provided they have the skill and ability required to a non-tested part-time position with perform 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 seniorityavailable work. D. If an employee is not entitled 14.10 The Company shall give notice of termination according 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 threeEmployment Standards Act.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided 18:01 The Parties recognize that job security increases in this agreementproportion to the length of service with the Employer. In the event of a reduction in work or in the workforce, all reductions, suspensions, removals and demotions the Employer agrees that employees shall be made laid off in accordance the reverse order of their seniority insofar as it is practicable to do so, providing other qualifications are relatively equal. When an employee is laid off, he/she shall have the option of displacing another employee with lesser seniority in the Rules same or lower job classification providing he/she is qualified to perform the normal requirements of the Dayton Civil Service Commission expressly applicable job satisfactorily and has more seniority than the employee to employees be displaced. The displaced person shall have the option of displacing another employee with lesser seniority in the same or lower job classification providing he/she is qualified to perform the normal requirements of the EMPLOYERjob satisfactorily and has more seniority than the employee to be displaced. The second displaced person has the option of displacing the least senior employee in the same classification or the least senior employee in a lower classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. For clarity, the purpose normal requirements of the job include the percent FTE of the job, so an involuntary reduction employee who is displacing another employee must be willing and able to accept the percent FTE of the position/employee being displaced. The intention to exercise this right and the specific details of the intended displacement must be declared by the initial person laid off within ten (10) days of notification of layoff by the Employer; the intention to exercise this right and specific details of the intended displacement(s) must be declared by the first and second displaced persons, if any, within ten (10) days of notification of displacement. No further displacement will take place as a result of layoff, such layoffs shall be conducted by classification, the initial layoff and displacements shall be conducted based on system seniorityany resulting displacements. 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, It is understood that when an employee shall be demoted exercises the option 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 performing a job at a lower classification, he/she shall be paid at the rate of the lower grade position based on system classification. Employees shall be recalled to work in order of their seniority. B. 18:02 Recall rights shall be terminated on the cancellation of an employee’s seniority. 18:03 It shall be the duty of the employee to notify the Employer promptly of any change of address. If an employee should fail to do so, the Employer will not entitled be responsible for failure of official notices to a position under reach the aboveemployee. 18:04 The Employer shall notify employees who are to be laid off ten (10) working days before the layoff is effective. If the employee to be laid off has not had the opportunity to work ten (10) full days after notice of layoff, 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 paid in such classification, and if no vacancy exists, then the employee shall displace an employee in lieu of that classification based on system senioritypart of ten (10) days during which work was not available. 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

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise When there is a reduction or a redundancy in the work force, the following procedure shall apply: (a) Agency, students and probationary employees, in that order, will be laid off first. In the case of a probationary employee, they will be laid off provided the remaining employees have the ability and qualifications to perform the available work. (b) Employees within the classification where the reduction/redundancy occurs will be laid off in this agreement, all reductions, suspensions, removals and demotions shall be made in accordance with the Rules inverse order 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 affected by such reduction/redundancy may displace the least System wide seniority most junior employee in any classification provided they have the ability and qualifications to perform the job. The employees will be provided a familiarization period if needed. Those employees wishing to bump have twenty-four (as defined 24) hours to make their decision. If there happens to be vacant positions available in Article 10)other classifications, they will be posted prior to the commencement of the bumping procedure which may minimize employees being laid off and exercising their bumping rights. Inability to displace another employee will result in layoff. (c) When there is an increase 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 senioritywork force, 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 employees including those who have exercised their seniority to bump into another classification, will be recalled according to seniority into their original classification for up to six (6) months. When there is an increase in the work force, laid off employees who are outside the facility will have recall rights into their classification for up to six (6) months. After such period, if there is an increase in workforce the laid off employee shall be placed on a threehave recall rights according to Article

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided In the event the Superintendent, or designee, elects to reduce the number of employees in this agreementthe bargaining unit, all reductions, suspensions, removals and demotions the following procedure will be followed: 1. The number of employees needed for each classification shall be made first determined by the Employer. If there are more employees than are needed in accordance a particular classification, the employee(s) 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 lowest seniority (as defined in Article 10)i.e., total years of service 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 District within the classification series in descending order and to be reduced, 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 first 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 The laid-off employee(s) may only bump another employee with less seniority as set forth in Paragraph 8 below. 2. The Employer shall give thirty (30) calendar days notice to Employees of a pending reduction in work force, except in the event of a need to reduce the work force due to a shortage of revenues caused by a previously unannounced reduction in state or federal aid. In these latter events, the Employer shall give as much notice as possible, and in no event shall the notice be less than ten (10) days. 3. The Employer shall recall laid-off employees in the reverse order of layoff. 4. The laid-off employee shall have priority on the substitute list, according to seniority, provided he/she notified the Employer in writing of his/her intention to be available for substitute work. 5. Any employee on layoff who fails to accept recall within fifteen (15) calendar days after certified mailing of notice of recall shall be placed terminated. Acceptance of recall shall be made by certified mail. 6. A laid-off employee may continue insurance benefits by paying monthly the normal subscriber group rate premiums to the employer, as stated in Article 10A per COBRA provisions. 7. A reduction in staff beyond attrition may occur as a consequence of a decreased student enrollment, school closing, change in program, or shortage of revenues to the district. Such a reduction or layoff shall be effectuated in the following manner. Substitute employees, if any, will be laid-off before all others. 8. All laid off employees are eligible to bump into an equal or lower pay classification based on bargaining unit seniority and qualifications. A laid off employee with seniority in another job classification within this bargaining unit will be reassigned to that classification using total years of service within the bargaining unit as the basis for determination of seniority. The in-house position moves from classification C to C-1 A laid off employee without seniority in another job classification will be reassigned based on total years of service within the bargaining unit according to the following pathway: Classification C-2 employees may bump into classification C, C-1 or D. Classification C or C-2 employees may bump into classification C-1. Any laid off employee classification may bump into a threenon-benefit position based on total years of seniority within the bargaining unit.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Layoff and Recall. 14.01 Except 12.1: The word "layoff" means a reduction in the work force due to a decrease of work or budget limitation as otherwise provided determined by the County. Employees recognize that layoffs are a managerial right of the Employer and do not necessarily depend on available work or funding levels. 12.2: In the event a layoff becomes necessary, the County shall follow this procedure: A. Temporary employees in this agreement, all reductions, suspensions, removals and demotions the affected classifications shall be made laid off first. B. Probationary employees 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 affected classifications shall be conducted by classification, and displacements laid off next. C. Employees in the affected classification shall be conducted based on system subject to layoff by classification seniority. The employee(s) with the least classification seniority shall be laid off first. In the event employees have equal classification seniority, the employee with the least System wide departmental seniority (as defined in Article 10), shall be laid off first. D. Employee(s) who previously held subordinate classifications in the classification or if no vacancy exists in classification subsequently affected bargaining unit shall be removed within entitled to revert to that classification and displace the affected classificationleast senior employee. If two or more employees Displaced employee(s) shall have identical system seniority, then the employee right to displace employee(s) in previously held classifications consistent with the highest last four digits terms of their social security number the Collective Bargaining Agreement of the other bargaining unit. E. Supervisors from other supervisory bargaining units shall not be deemed entitled to have the equivalent of lower seniority. The continued employment of any employee so removed from a position displace members in this bargaining unit. F. In no event 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 senioritya higher paying classification. B. If 12.3: Employee(s) who elect not entitled to accept a subordinate position in a lower paying classification shall be laid off. Said employee(s) shall be subject to recall to the position held at the time of layoff. Said employee(s) may not elect to return to a position under subordinate classification unless recalled by 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 seniorityEmployer. C. If not entitled 12.4: The Employer shall provide employees to a position under the above, the employee shall be demoted to a non-tested part-time position laid off 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 threeat least fourteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided 11.01 In the event of a reduction in this agreementthe workforce, all reductionssummer students, suspensionstemporary employees and then probationary employees in the job classification affected in the plant, 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 laid off before any employee with the least System wide seniority (as defined in Article 10), is laid off. 11.02 When there is a reduction in the classification or if no vacancy exists in classification subsequently affected shall be removed within workforce that will last more than five (5) days 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 company agrees 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-offoff in the reverse order of their seniority. Any employee involuntarily displaced and/or laid-off When there is a reduction in the workforce that will last more than one (1) working day but up to five (5) working days (limited to one event per calendar year), the company agrees that employees shall be placed laid –off by production line in the reverse order of seniority. The employees shall be recalled to work in order of their seniority. 11.03 Employees on temporary job postings shall be removed before any employee on a threepermanent job. 11.04 Any permanent employee who is subject to layoff, may bump a less senior employee from an equivalent or a job classification which he/she possesses the skills and ability. 11.05 The Company will give the employee the required notice of layoff and pay as provided in accordance with the Employment Standards Act. A list of employees declared surplus will be made available to the Union at least five (5) working days prior to the Notice required under the Employment Standards Act. 11.06 When there is an increase in the work force, laid off employees shall be recalled to work and classification in the order of seniority. 11.07 Employees who chose to exercise their seniority in case of layoff will have fifteen (15) working days to satisfactorily perform the duties of their jobs. 11.09 No new employee summer students, temporary or probationary employees shall be hired until all laid off employees have been given the opportunity to return to work. 11.10 Employees on lay off are entitled to apply for any job vacancies arising out of a job posting.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions shall be made in accordance with 16.01 In 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 event of layoff, such layoffs either temporary or indefinite, employees shall be conducted by laid off in the reverse order of their seniority on the applicable Seniority List within their classification, and displacements with probationary employees being laid off first, provided the employees remaining are capable of performing the work. Written notice for a layoff will be given at least four (4) weeks in advance. Recalls shall be conducted based done on system seniority. The a seniority basis, provided the employees so recalled are capable of performing the work. 16.02 An employee with who is subject to layoff shall have the right to either: (a) accept the layoff or; (b) displace an employee on either Seniority List who has lesser seniority and who is the least System wide seniority (as defined senior employee in Article 10), in a lower or identical paying classification provided the employee wishing to bump is qualified to perform the duties of the lower or identical paying classification or if no vacancy exists in classification subsequently affected without training other than orientation and to the satisfaction of the Department Manager. Such junior employees so displaced shall be removed laid off subject to his rights under this section. (c) within the affected classification. If two or more employees have identical system seniority, then the employee with the highest last four digits three (3) days following receipt 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 classificationsuch layoff notice, an employee who elects to exercise his rights under paragraph 16.02 (b) hereof shall so notify the Department Manager in writing, on a form provided by the Employer at the time notice is given. Failing this, the Employer shall be demoted entitled to proceed as if such employee has decided not to exercise his rights under paragraph 16.02 (b). 16.03 Notwithstanding Article 16.01, in cases of a lower grade position temporary layoff, upon the Employer determining the number of positions in a specific classification within the classification series applicable “Wage Schedule” to be laid off, senior bargaining unit employees may volunteer to be laid off in descending order and shall be displaced into place of a vacancy and if no vacancy exists then displace an more junior 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 threesame

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except (a) If a reduction of regular employees is necessary due to insufficient work, for reasons beyond the control of the Employer (including budgetary restraints), the Employer shall meet with and advise the Union of the proposed reduction and the jobs affected as otherwise provided soon as possible, and no reduction in staff shall occur until the following procedures are applied. During this agreement, all reductions, suspensions, removals and demotions shall meeting the Parties will determine if the lay-offs are to be made handled in accordance with the Rules of the Dayton Civil Service Commission expressly applicable Article 8.01 or 8.09. (b) The basic principle in applying layoff to employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs any regular employee shall be conducted by classificationlast hired, first laid off within the classification at the location affected provided the retained employee can perform the job. It is understood that employees either placed in a vacancy or exercising bumping rights under Articles 8.02 and displacements 8.03 shall be conducted based on system senioritygoverned by the following: (i) Full-Time Regular employees are eligible for Full-Time or Part-Time Regular positions. The employee with the least System wide seniority Part-Time Regular employees are eligible for Part- Time Regular or Casual positions. (as defined in Article 10)ii) Employees who are placed or who bump into a position are only eligible for such position if, in the classification opinion of the Employer, the employee is qualified or if no vacancy exists in classification subsequently will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) working days. (c) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to affected shall be removed within employees before the affected classificationscheduled reduction takes place. If two or more employees have identical system senioritythe written notice is not given, then pay in lieu will be provided. (d) Employees so affected will be offered 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 following in the following mannerorder: A. Once displaced from their present classification, an i. The employee shall be demoted may choose to bump a lower grade position junior employee within the classification series or accept placement 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.accordance with Article 8.02; B. If not entitled to a position under ii. Failing the above, the employee shall be placed into a position previously held by permanent appointment, commencing may choose to bump in accordance with the last previously held position and shall first fill a vacancy Article 8.03 or elect severance pay in such classification, and if no vacancy exists, then the employee shall displace an employee in that classification based on system seniorityaccordance with Article 8.04. C. If not entitled (e) The intent of this language is to minimize the effect of 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 layoff notice on system seniorityother bargaining unit employees. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement12.01 Layoff out of the plant or internal, 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)11.01 as long as it does not prevent the Company from maintaining a working force of employees who are able and willing to do the work available. 12.02 The posting of the notice of layoff shall serve as notice to both the employee being removed from the job and to all junior employees. They shall all have the same notice of layoff date whether they leave their job classification and do not bump, or whether they are bumped. 12.03 The Company shall notify the President of the Union of all pending layoffs. The Company will provide the Union with a list, in writing, of all employees to be laid off at the classification or if no vacancy exists time of the layoff. 12.04 The Company will endeavour to give employees who are to be laid off at least five (5) working days' notice of such layoff. 12.05 When there is a reduction in classification subsequently affected the number of employees required in a classification, employees shall be removed laid off in reverse order of seniority. 12.06 The Bumping process is as follows: (a) An employee who received notice of ▇▇▇▇▇▇ must make known to the Company their desire to bump within five (5) calendar days of receiving the affected layoff notice. (b) The employee may bump into any classification as described in Article 27, provided the employee meets the qualifications and has adequate seniority. (c) The employee who is bumped out of a classification may bump other employees as described in 12.06(a) and (b). Each employee is allowed to submit one (1) bump at a time. It is understood that an employee who bumps and then is subsequently bumped themselves, may want to bump again. This could happen several times under the right circumstances. If any employee who is laid off out of the plant before having an opportunity to exercise his bumping rights, he retains those bumping rights. (d) Employees who do not wish to exercise their bumping rights or are the final employees to be bumped out of a classification, will be laid off. 12.07 Temporary layoffs, not to exceed two (2) days, due to manufacturing and business irregularities and/or production difficulties, may be made by the Company without regard to seniority. This provision shall not be applied to any one employee in excess of ten (10) days within any twelve month period (a) The President, Vice-president, Recording Secretary, and Secretary Treasurer of the Union, with one (1) year or more seniority, shall have top seniority for the purposes of layoff and recall and shift transfers; and shall be retained in employment as long as there is work that they are willing and able to perform. The above Officers shall not hold top seniority in any Classification above General Production. If two or more employees have identical system elected Union Officers hold the same classification and insufficient work is available, individual seniority will prevail. An employee in an elected union position, as specified above, may voluntarily change shifts if they are able to do so by virtue of their individual seniority. (b) Shop stewards with one (1) year or more seniority, then shall have top seniority on their shift for the employee with the highest last four digits purpose 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 classificationlayoff, an employee shall be demoted to a lower grade position within the classification series in descending order and shall be displaced into retained in employment by shift as long as there is work available and that they are willing and able to perform. If all employees on a vacancy shift, including the shop ▇▇▇▇▇▇▇, are laid off or transferred, the shop ▇▇▇▇▇▇▇ shall have top seniority for the purpose of recall and if no vacancy exists then displace an employee transfer back to their shift. Stewards shall not hold top seniority in any classification above General Production. If two or more elected stewards hold the lower grade position based on system same classification and insufficient work is available, individual seniority will prevail. (a) When a vacancy(s) occurs in a particular classification, employees who have previously been laid off from that classification as a result of surplus, will be recalled in order of seniority. B. If (b) Such vacancy(s) shall not entitled be posted for bid pursuant to a position under Article 14.01, until all employees with prior rights to the abovevacancy(s) have been given the opportunity to fill the said vacancy(s). (c) Once 12.09 (a) has been completed, employees on layoff out of the employee plant shall be placed into a position previously held by permanent appointment, commencing recalled to work in accordance with their seniority provided they are qualified to do 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 senioritywork available. C. If not entitled (d) Any employee who declines recall under 12.09(a) or accepts another classification with equal or better pay under Article 14.01 will forfeit all rights 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 seniorityrecall. D. (a) If an employee is not entitled to refuses a position under the aboverecall, or waives his/her rights to all positions under the above, said employee it shall be laid-off. considered that he has terminated his services with the Company. (b) Any employee involuntarily displaced and/or laid-off shall be placed on a threein job group three (3) may refuse recall by seniority except to the job classification he held at the time of layoff. After one (1) refusal of recall by seniority, he may only return to work upon recall to the job classification he held at the time of layoff. Article 11.02 (g) will still apply.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise 26.01 In case it becomes necessary to reduce the work force by: (a) reduction in the number of Employees; or (b) reduction in the number of regularly scheduled hours available to one (1) or more Employees; the Employer will notify the Union and all employees who are to be laid off at least fourteen (14) calendar days prior to layoff, except that the fourteen (14) calendar days’ notice shall not apply where the layoff results from a natural peril, fire or flood. If the Employee laid off has not been provided in this agreementwith an opportunity to work his regularly scheduled hours during fourteen (14) calendar days after notice of layoff, all reductions, suspensions, removals and demotions the Employee shall be paid in lieu of such work for that portion of the fourteen (14) calendar days during which work was not made available. 26.02 Layoff shall be in reverse order of seniority, however, the Employer shall have the right to retain Employees who would otherwise be laid off when layoff in accordance with this Article would result in retaining Employees who are not capable and qualified of performing the Rules work required. 26.03 When recalling Employees, recalls shall be carried out in order of seniority provided the Employee is capable and qualified of performing work required. 26.04 The method of recall shall be by telephone and, if such is not possible, by double-registered letter sent to the Employee's last known place of residence. The Employee so notified will return to work as soon as possible but, in any event, not later than five (5) days following either the date of the Dayton Civil Service Commission expressly applicable to employees of telephone call or the EMPLOYER. For date the purpose of letter was registered. 26.05 It is understood that 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 Employee may refuse recall to a lower grade position within paying classification or lower full-time equivalency than he was employed in at 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 senioritytime of layoff without adversely affecting his recall status. B. If not entitled 26.06 It is understood that the Employer may hire Employees from any source to fill operational requirements pending the return to work of 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 seniorityrecalled Employee. C. If not entitled 26.07 The Employer shall endeavor to a position under the above, the employee shall be demoted offer opportunities for casual work 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 Employees in order of their seniority, provided the laid-off Employee is qualified and capable of performing the work required. A laid-off Employee may refuse an offer of casual work without adversely affecting his recall status. 26.08 No new Regular or Temporary Employees will be placed hired while there are other Employees on layoff as long as laid-off Employees are qualified and capable of performing the work required. 26.09 An Employee laid off due to staff reductions shall, when laid off, file his address with the Employer and thereafter keep them informed of any change of address. 26.10 Employees who are issued a threelayoff will, within fourteen (14) days, be eligible for the benefits listed in the Letter of Understanding # 1 (Severance). 26.11 An Employee whose eligibility for recall expires will also be eligible for the provisions of Letter of Understanding # 1 (Severance).

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except A. The word "layoff" means a reduction in the work force. Provided the remaining employees have the current ability, skill and qualifications as otherwise provided in this agreementdetermined by the Employer to perform the work required, all reductions, suspensions, removals and demotions layoff of employees within a department shall be made by classification in inverse union bargaining unit seniority in the following order: 1. Temporary employees; 2. Probationary employees 3. Regular employees B. Upon being laid off from their department, an employee who so requests shall, in lieu of layoff, be permitted to take a position in or below their grade within their department, provided the following: 1. They have more seniority than the employee they are to replace and have the current ability, skill and qualifications as determined by the Employer. 2. If the position chosen is held by multiple employees in a department, the least senior employee shall be replaced. Employees who change classification in lieu of layoff shall be paid the salary in accordance with the Rules classification in which they are placed and their years 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 seniorityservice. 3. The employee with must be able to perform the required duties of the position. The employee shall be given a sixty (60) working day trial in which to learn demonstrate he/she can satisfactorily perform the duties of the position. The employer shall give the employee reasonable assistance to enable them to learn the new job. The time may be extended by mutual agreement between the Employer and the Union. 4. When an employee bumps, he/she must accept all hours of the position being bumped into. C. In implementing the above mentioned displacement (bumping) procedures, the employee must also meet the following: 1. Any licensing, certification, or registration requirements for the position in question in a mutually agreed upon time frame unless such licensing, certification, or registration is a minimum qualification under C. 1. 2. Other requirements by third-party payers such as Federal or State grant providers. D. Employees to be laid off for an indefinite period of time will have at least System wide seniority ten (10) working days’ notice of layoff except in unavoidable emergency situations. The Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ shall receive a list from the Employer of the employees being laid off on or before the date the notices are issued to the employees. E. Employees eligible for and choosing to bump in lieu of layoff shall have a maximum of four (4) working days to notify Human Resources of their decision and the position to which they are qualified to bump. It is the employees’ responsibility to confirm that they meet the minimum qualifications for the position as defined in Article 10), in Section 8.1 prior to the classification or if no vacancy exists in classification subsequently affected shall deadline. Employees not following the above defined process will not be removed within eligible for bumping rights after 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 (4) day period and will 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 senioritylaid off. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided Employees who bump or are bumped will be afforded up to 20 working days of training during which if they do not to demonstrate the necessary skill and ability in the new position., Employees who bumped or were bumped who fail to demonstrate the necessary skill and ability in the new position during this 20-day period will be placed in the Temporary Pool. Qualification will be determined solely by the Company. They will remain in the Temporary Pool until they remove themselves through the job posting process or a vacancy occurs on any shift that is not filled through the bidding process or a vacancy occurs on any shift that is not filled through the bidding process, i.e. open “no bid” positions. Employees exercising their rights under this section shall retain the right to take their previously scheduled vacation in their new assignment. Any restrictions on bidding contained elsewhere in this agreement, all reductions, suspensions, removals and demotions Agreement shall be made in accordance with the Rules of the Dayton Civil Service Commission expressly applicable not apply to employees of the EMPLOYER. For the purpose of an involuntary reduction employee exercising bidding rights as a result of layoffjob eliminations or bumping. Employees who fail to demonstrate the necessary skill and ability on the job they bump on will be placed in a job for which the employee is qualified in their classification on shift the Temporary Pool. When there is a reduction in the workforce, such layoffs regular production employees will not be allowed to bump indentured apprentices and journeymen in the Maintenance Department. Likewise, when there is a workforce reduction in the Maintenance Department, craft seniority shall be conducted by classification, prevail and displacements shall be conducted based on system seniority. The employee with the least System wide seniority (as defined senior employee will be allowed to take an available production job in Article 10), in the classification or if no vacancy exists in classification subsequently affected shall be removed within the affected classificationlieu of layoff. If two or more employees have identical system seniority, then there are no available jobs he/she may replace 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 least senior employee in the lower grade position based on system seniority. B. If not entitled to a position under in the aboveplant regardless of shift, provided the maintenance employee has more seniority than the least senior employee. Recall within the Maintenance Department 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 craft seniority. C. If not entitled to a position under the above, the employee . Nothing herein shall be demoted construed to a non-tested part-time position with prevent the most scheduled hours Company from retaining those employees whose skill fitness 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 seniorityability are necessary to continue the continuity of the operation. 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

Appears in 1 contract

Sources: Tentative Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals Seniority shall operate and demotions govern on a bargaining unit wide basis. ▇▇▇▇▇▇ and recall shall be made based on seniority provided the senior nurse already possesses the necessary qualifications, ability and competence to perform the work available. A nurse who is laid off has the following options: elect a Voluntary Exit package (where applicable and when available) retire under the conditions and terms of the Pension Plan accept the layoff exercise her bumping rights. Further to (a) above, a nurse exercising her bumping rights may: bump from full-time to part-time or vice versa a full-time nurse may bump into more than one part-time position, provided that the requirements of the individual positions can be met and providing the combined total of the part-time positions does not exceed one (1) full-time equivalent position. if a part-time nurse bumps into a full- time position, she must accept all of the full-time position. In the event of a layoff, the parties agree the most junior nurse in accordance the affected classification will be the first to be laid off from the area where the reduction occurs. The laid-off nurses shall be permitted to bump the most junior nurse in a classification in a program area provided the nurse possesses the necessary skill and ability to perform the work available within a five (5) work day orientation period and no training. The orientation period shall provide an opportunity for the Employer to advise the nurse who is bumping of any particular requirements, procedures or aspects of the job, to become familiar with the Rules of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYER. For the purpose of an involuntary reduction job processes and requirements, and shall not be construed as a result trial period. In the event of a permanent 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)the Employment Standards Act, in laid-off nurses must exercise their bumping rights as soon as possible and within five (5)work days from the classification or if no vacancy exists in classification subsequently affected shall be removed within date they are notified of 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 senioritylayoff. 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 junior bumped nurse will be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threeno later than two (2) work days after being bumped.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided A. In the event of a reduction in this agreementforce or reduction of regular hours at the laboratory, all reductionsthe Hospital will notify the Union and will, suspensionsupon request, removals and demotions shall be made in accordance meet with the Rules Union and consider its input at reasonable times during the thirty (30) day period following such notice. The Hospital will give affected employees at least two (2) weeks’ notice of layoff. Such notice may be given during the thirty (30) day notification period set forth in the preceding paragraph, not to be effective prior to thirty (30) days from the date of the Dayton Civil Service Commission expressly applicable initial notice to employees the Union. During this time the Hospital will seek volunteers for layoff in the affected positions which would reduce the need for layoffs and will meet with the Union on request to discuss alternatives to layoffs. Volunteers for layoff in such positions will be selected on the basis of seniority. If an insufficient number of Clinical Laboratory Scientists volunteer for layoff to meet reduction goals, the EMPLOYERleast senior Clinical Laboratory Scientist occupying positions to be eliminated will be displaced. For the purpose of an involuntary reduction as a result of layoff, such layoffs shall be conducted by classification, and Initial 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 carried out by shift and component within the affected classificationHospital. 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 Displaced Clinical Laboratory Scientists will have the equivalent right to bump other less senior Clinical Laboratory Scientists within their component providing the Clinical Laboratory Scientist is qualified and has the ability, with no more than fifteen (15) days orientation, to competently perform the available work. It is understood that the Hospital will notify the Union of lower seniorityits conclusion that a Clinical Laboratory Scientist has not demonstrated his/her ability within said fifteen (15) days prior to terminating the Clinical Laboratory Scientist and the orientation period may be extended by agreement of the parties. The continued employment of any employee so removed from A Clinical Laboratory Scientist exercising his/her seniority to take a position shall be determined in float position, must take the following manner:entire float position, not just the hours worked at the Clinical Laboratory Scientist’s component. A. Once B. Clinical Laboratory Scientists displaced from their present classificationpositions may, 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 nonseventy-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 threetwo

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided 29.01 In cases of layoff and recall where the employee has the ability, qualifications, competence, and skill then seniority shall apply. 29.02 In the event of a reduction in this agreementthe workforce of a department, all reductions, suspensions, removals and demotions layoff shall be made in accordance commence 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 amount of total 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 senioritybase, 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 classificationvehicle, an employee shall be demoted to a lower grade position within the status and 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 seniorityaffected. B. If not entitled to a position under the above, the 29.03 An 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 nongiven notice of lay-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 off may utilize his/her seniority to displace the more junior full-time employee in a classification with the same or lower job rate provided the employee has the necessary ability and qualifications and provided the employee has greater seniority than the employee whose position is being claimed. Employees displaced under this process shall have rights to all positions under the same procedure. 29.04 An employee, who elects to use his seniority as in paragraph 29.03 above, said employee shall be laid-off. Any employee involuntarily displaced and/or laidreceive the rate of pay for the position, which he/she secures. 29.05 Notice of lay-off shall be placed given to an employee and the Union fourteen (14) calendar days in advance of lay-off. 29.06 In the event of recall, positions will be filled in the reverse manner to the layoff, and to the employee(s) original base, vehicle and status. If the employee(s) original base, vehicle, and status are not available then the employee will be offered any open position, in their classification, but has the option to accept or decline the offer. The employee will stay on the layoff recall list for a threeperiod of twenty four (24) months. It is understood that a recertification process would be agreed upon for members who no longer hold their previous certification. A full-time employee will be recalled to a full-time position. 29.07 Prior to the process in 29.06, employees who are not on the layoff list, and are still active members, and were displaced in the event of a layoff, move or closure of base will have the option to be recalled to their original base, vehicle and status, provided they are have greater seniority.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as otherwise provided outlined in this agreementArticle 9.12; or (c) opt to retire, all reductions, suspensions, removals and demotions shall be made in accordance with if eligible under the Rules terms of the Dayton Civil Service Commission expressly applicable St. Joseph’s Health Centre Pension Plan as outlined in Article 9.08 (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 employees layoff has the ability to meet the normal requirements of the EMPLOYERjob. 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 An 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 so displaced shall be deemed to have the equivalent of lower seniority. The continued employment of any employee so removed from a position been laid off and shall be determined entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Health Centre of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the following manner:same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. A. Once displaced from their present classification(f) In addition, in combined full-time/part-time collective agreements, a full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Health Centre shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Health Centre agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall be demoted have opportunity of recall from a layoff to a lower grade position within an available opening, in order of seniority, provided he or she has the classification series in descending order and shall be displaced into a vacancy and if no vacancy exists then displace ability to perform the work. (k) In determining the ability of an employee in to perform the lower grade position based on system seniority. B. If not entitled to a position under work for the purposes of the paragraphs above, the Health Centre shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be placed into a position previously held by permanent appointmenthired until all those laid off have been given an opportunity to return to work and have failed to do so, commencing in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Health Centre shall notify the employee of recall opportunity by registered mail, addressed to the last previously held position address on record with the Health Centre (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and shall first fill a vacancy in such classification, the date and if no vacancy exists, then time at which the employee shall displace an report for work. The employee in that classification based is solely responsible for his or her proper address being 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 record 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 seniorityHealth Centre. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as otherwise provided outlined in this agreementArticle 9.12; or (c) opt to retire, all reductions, suspensions, removals and demotions shall be made in accordance with if eligible under the Rules terms of the Dayton Civil Service Commission expressly applicable Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(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 employees layoff has the ability to meet the normal requirements of the EMPLOYERjob. 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 An 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 so displaced shall be deemed to have the equivalent of lower seniority. The continued employment of any employee so removed from a position been laid off and shall be determined entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the following manner:same or a lower or identical paying classification, as defined in this article, a laid off employee shall have the right to displace another employee with lesser seniority in a higher paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. A. Once displaced from their present classification(f) In addition, in combined full-time/part-time collective agreements, a full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall be demoted have opportunity of recall from a layoff to a lower grade position within an available opening, in order of seniority, provided he or she has the classification series in descending order and shall be displaced into a vacancy and if no vacancy exists then displace ability to perform the work. (k) In determining the ability of an employee in to perform the lower grade position based on system seniority. B. If not entitled to a position under work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be placed into a position previously held by permanent appointmenthired until all those laid off have been given an opportunity to return to work and have failed to do so, commencing in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last previously held position address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and shall first fill a vacancy in such classification, the date and if no vacancy exists, then time at which the employee shall displace an report for work. The employee in that classification based is solely responsible for his or her proper address being 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 record 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 seniorityHospital. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 18.1 A layoff shall be made defined as a necessary reduction in accordance the work force as determined by the Board. 18.2 No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee has been notified in writing at least fifteen (15) working days prior to the effective date of layoff. Such notice will not apply when layoff is necessitated by work stoppages or Acts of God. 18.3 The reduction procedure shall be individually applied within each classification as follows: A. Probationary employees shall be laid off first, provided there are more seniored employees who possess the qualifications to perform the job. B. In the event seniored employees must be laid off, layoff shall be determined by the following order: 1. The least seniored within the classification being reduced, provided there are more senior employees remaining within the classification who possess the qualifications to perform the duties of the position(s) available. 2. In the event an employee is reduced from a position and no position is available to the employee within the classifications in which the reduced employee has acquired seniority,the reduced employee shall have the opportunity to make application to any posted vacancies within the unit. Should the employee be given one of the posted positions, he/she shall retain the right to his/her job classification should a position become available forwhich he/she is qualified. 3. An employee reduced from a position in his/her present classification shall be retained athis/her request in a position in another classification in which he/she has previouslyaccumulated seniority, provided there is a less seniored employee in that classification and the reduced employee possesses the qualifications to perform the job. 18.4 Employees on layoff who are qualified shall be considered before the hiring of new employees outside the district for a vacant position in another unit classification. 18.5 When there is a vacancy, employees shall be recalled in order of greatest seniority within the classification from which they were reduced, provided the employee possesses the qualifications to perform the duties of the position to which he/she is being recalled to. In the event a tie exists, theemployee with the Rules greatest total years of service in the district shall be recalled first. In the event atie exists, it shall be broken by the last four (4) digits of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoffemployee's Social Security number, 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 w i t h the employee with the highest last four digits of their social security number shall be deemed to have having 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 most seniority. B. 18.6 Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board's records (which shall be conclusive in any disputes). A recalled employee shall notifythe Board within two (2) days after the letter is registered as arriving as to the employee's acceptance or rejection and must report to work within three (3) days after such notification, exceptions may be made by the Superintendent. The Board may fill the position on a temporarybasis until the recalled employee is to report back for work. 18.7 An employee offered his/her former position who declines recall shall forfeit his/her seniority rights. 18.8 Employees shall remain on the recall list for a period of one (1) year or the length of his/her seniority, whichever is greater, but not to exceed two (2) years. 18.9 Probationary employees have no recall rights. 18.10 Employees who have their hours reduced by one (1) hour or more shall have the right to bump the least senior employee within his/her classification occupying a position that the senior employee can properly perform and who is scheduled as many hours per week/annually. If the employee being reduced has no one to bump, then the least senior employee with the nearest number of hours in his/her classification may be bumped. Itis understood by the parties that this language does not entitled createadomino effect. Only one(1) bump will occur. Thebumped employee may takethe position of the employee whose hours are reduced if that employee can properly perform the work. 18.11 The district may increase a position by up to (30) minutes per day without the need to post the position as a newly created position provided the increase does not allow the position to receive additional benefits. 18.12 Any school year bargaining unit employee who collects unemployment compensation during the summer months (MESC's "summer denial period") and who is recalled before the start of his/her normal work year to a position under with the abovesame or more hours of work, the employee shall be placed into obligated to reimburse the District the amount of unemployment compensation collected during the summer months. The District is authorized to obtain repayment through a position previously held by permanent appointment, commencing with payroll deduction of the last previously held position and shall first fill a vacancy in such classification, and if no vacancy exists, then appropriate amount inequal payments over the employee shall displace an employee in that classification based on system seniorityentire year. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except A. In the event of a reduction in force or reduction of regular hours at the laboratory, the Hospital will notify the Union and will, upon request, meet with the Union and consider its input at reasonable times during the thirty (30) day period following such notice. The Hospital will give affected employees at least two (2) weeks’ notice of layoff. Such notice may be given during the thirty (30) day notification period set forth in the preceding paragraph, not to be effective prior to thirty (30) days from the date of the initial notice to the Union. During this time the Hospital will seek volunteers for layoff in the affected positions which would reduce the need for layoffs and will meet with the Union on request to discuss alternatives to layoffs. Volunteers for layoff in such positions will be selected on the basis of seniority. If an insufficient number of Clinical Laboratory Scientists volunteer for layoff to meet reduction goals, the least senior Clinical Laboratory Scientist occupying positions to be eliminated will be displaced. Initial displacements shall be carried out by shift and component within the affected Hospital. Displaced Clinical Laboratory Scientists will have the right to bump other less senior Clinical Laboratory Scientists within their component providing the Clinical Laboratory Scientist is qualified and has the ability, with no more than fifteen (15) days orientation, to competently perform the available work. It is understood that the Hospital will notify the Union of its conclusion that a Clinical Laboratory Scientist has not demonstrated his/her ability within said fifteen (15) days prior to terminating the Clinical Laboratory Scientist and the orientation period may be extended by agreement of the parties. A Clinical Laboratory Scientist exercising his/her seniority to take a float position, must take the entire float position, not just the hours worked at the Clinical Laboratory Scientist's component. B. Clinical Laboratory Scientists displaced from their positions may, within the seventy-two (72) hour period following the expiration of the fourteen (14) days’ notice, bump into positions held by less senior Clinical Laboratory Scientists in their component. The bumped Clinical Laboratory Scientists may elect to follow the same bumping procedure within the same seventy- two (72) hour period or may volunteer for layoff. (All bumps to be accomplished within the same seventy-two (72) hour period). For purposes of recall, seniority will be exercised. Non- bargaining unit employees cannot bump into bargaining unit positions. For purposes of this Agreement, the Hospitals are recognized as otherwise separate employers; 'Microbiology' and 'General Laboratory' shall be recognized as the separate “components” within each Hospital. C. For a period of up to one ( 1 ) year from the date of layoff, Clinical Laboratory Scientists will be recalled, in order of bargaining unit seniority, to vacancies that occur at the Hospital provided they are qualified and have the ability to competently perform, with no more than (15) days orientation the available work (it being understood that the Hospital will notify the Union of its conclusion that a Clinical Laboratory Scientist has not demonstrated his/her ability within said fifteen (15) days prior to terminating the Clinical Laboratory Scientist). A Clinical Laboratory Scientist who is laid off shall retain seniority until he/she has been offered a relatively equal position or until one (1) year has elapsed from the date of layoff. D. It is the responsibility of the individual Clinical Laboratory Scientist to update the Human Resources Department in this agreementwriting with current address and phone numbers for recall purposes. A recalled Clinical Laboratory Scientist must accept recall within seventy-two (72) hours and return to work at the Hospital within fourteen (14) days from the mailing of a certified letter advising the Clinical Laboratory Scientist of available employment. If a Clinical Laboratory Scientist does not accept recall within seventy-two (72) hours, the Clinical Laboratory Scientist will be considered to have voluntarily resigned. Upon recall from layoff status, the Clinical Laboratory Scientist will be entitled to restoration of seniority and placement at the same wage rate in effect at the time of the layoff. Clinical Laboratory Scientists who experience a 12-month or more absence due to workforce reduction will lose seniority for all reductionspurposes. E. If it becomes operationally necessary to transfer Clinical Laboratory Scientists from one laboratory component to another, suspensionsvolunteers shall first be sought, removals and demotions then transfers shall be made in accordance reverse bargaining unit seniority provided the Clinical Laboratory Scientists are qualified and have the ability to perform the available work with the Rules reasonable orientation. A Clinical Laboratory Scientist may elect layoff in lieu of transfer. F. The parties agree that any 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 Clinical Laboratory Scientists can voluntarily agree to a lower grade position within the classification series reduction 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 hours in lieu of layoffs being implemented under the abovelayoff language in the Agreement between the parties. Where additional work hours become available subsequent to such a voluntary decision to reduce hours, said the most senior employee who has agreed to a voluntary reduction in hours shall receive the first chance to work the additional hours that become available up to the number of hours that Clinical Laboratory Scientist gave up in the voluntary reduction of hours. The parties also agree that additional work hours that are available will be laidoffered to those Clinical Laboratory Scientists that have voluntarily reduced his/her hours in lieu of layoff before the hours are made available to be worked by per diem Clinical Laboratory Scientists, but the Hospital may use per diems without offering the hours to Clinical Laboratory Scientists who have voluntarily reduced hours when the Hospital has less than twenty- four ( 24) hours to fill the shift or hours. The parties agree that if sufficient hours are available to post a regular part- time or full-time position, the Hospital will first restore hours to Clinical Laboratory Scientists who have voluntarily reduced their hours unless to do so will negatively impact laboratory staffing. G. The Hospital will provide information regarding current vacancies at the time of layoff to Clinical Laboratory Scientists who are laid off. Any employee involuntarily displaced and/or laid-off shall be placed on a three, and those Clinical Laboratory Scientists can use her/his seniority to bid for vacant bargaining unit positions during the recall period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided In the event of a reduction in this agreementforce, the Company will provide twenty-four (24) hours advance notice or will pay eight (8) hours pay in lieu of notice. 14.02 For all reductions, suspensions, removals and demotions shall be made reduction 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 force the following mannerprocedure will apply: A. Once displaced from their present classificationa) All probationary employees will be laid off first. b) Thereafter, an employee shall employees will be demoted to a lower grade position within the classification series laid off in descending inverse 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 of seniority. B. 14.03 An employee who exercises their seniority to bump from one classification to another due to a reduction in force will be returned to their previous classification as required by the work load if such requirement occurs within twelve (12) months. After twelve (12) months, vacancy will be posted. 14.04 An employee who exercises their seniority to bump into another classification or is transferred to another classification due to a reduction in force will be paid the rate of pay of the classification to which they are transferred. 14.05 Any employee who exercises their seniority to bump into another classification or is transferred to another classification due to a reduction in force will be afforded a thirty (30) day training period to demonstrate ability. 14.06 Employees will be recalled to available work in order of seniority. 14.07 If not entitled any employee is transferred or promoted to a position under not subject to the above, the provisions of this agreement such employee shall be placed into a position previously held by permanent appointment, commencing with cease to accumulate seniority from the last previously held position and shall first fill a vacancy in date such classification, and if no vacancy exists, then employee is transferred out of the bargaining unit. In the event that such employee shall displace an employee in that classification based on system seniority. C. If not entitled is subsequently transferred back to a position under within a period of three (3) months, subject to the above, the employee provisions of this agreement he shall be demoted to a non-tested part-time position credited with the seniority which he held on the date of the transfer out of the bargaining unit. Such employee transferred back into the bargaining unit shall displace the junior most scheduled hours and shall first fill a vacancy and if no vacancy exists then displace an employee person in such non-tested part-time classification based on system senioritythe bargaining unit. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise 12.01 When the Company deems it necessary to reduce the workforce, the Company whenever possible, will attempt to give employees, five (5) working days’ notice of layoff. 12.02 In case of a layoff of three (3) weeks or less employees may be laid off and recalled by plant wide seniority amongst the employees in the classification within the department and shift affected provided the remaining employees have the necessary skills and ability to perform the work satisfactorily. 12.03 In case of layoffs from work for more than three (3) weeks, employees will be laid off by plant wide seniority amongst employees in this agreementthe classification within the department and shift affected, all reductionsprovided the remaining employees, suspensions, removals and demotions shall be made in accordance with the Rules of appropriate familiarization, have the Dayton Civil Service Commission expressly applicable necessary skills and ability to employees of perform the EMPLOYER. For the purpose of an involuntary reduction as work satisfactorily. 12.04 Employees affected by a result of layoff, such layoffs shall be conducted by classification, and displacements shall be conducted based on system seniority. layoff for more than three (3) weeks may displace: a) The employee with the least System wide lowest seniority (as defined in Article 10), in the same classification or if no vacancy exists in classification subsequently affected shall be removed within and same department on any shift ; OR b) The lowest seniority employee on 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. rotating shift plant-wide; OR c) 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 lowest seniority employee in the plant. In situations where multiple employees are laid off at the same time, such employees will have their choice of available positions on the basis of seniority. Seniority employees must demonstrate the skill and ability to perform satisfactorily the new work assigned with appropriate familiarization. Employees who take a lower grade paying position based on system seniorityrather than being laid off will receive the pay rate of the lower classification. B. If not 12.05 In the case of a recall within ninety (90) calendar days of a permanent layoff with no recall date, employees who have been displaced by such layoff shall have a choice to go back to the job from which they were displaced. In all other cases, employees on layoff shall be recalled on the basis of seniority provided the employee has the skill and ability to perform satisfactorily the work available with appropriate familiarization. 12.06 Seniority employees who are subject to temporary layoff are entitled to a position receive benefits under the aboveLayoff Security Plan negotiated between the Company and Human Resources and Skills Development Canada. To be eligible, employees must: (1) apply and be approved for the receipt of Employment Insurance Benefits; (2) provide the employer with written evidence from HRSDC (electronic confirmation is acceptable) that he or she has been approved for the receipt of Employment Insurance Benefits; and (3) be laid off solely due to temporary shortage of work. Such employees will be paid 60% of their normal weekly income, up to the E.I. maximum, to cover the two (2) week waiting period before E.I. benefits normally become available. The administration of this plan shall be governed solely by the summary documentation approved by Human Resources and Skills Development Canada and it is hereby understood that in case of any inconsistency between the summary document and this Agreement, the employee summary document 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 seniorityprevail. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement(a) Unless situations exist which are beyond the Employer’s control, all reductions, suspensions, removals and demotions there shall be made at least four (4) month's notice to the Union in the event of a proposed lay-off of a permanent or long- term nature. (b) Unless situations exist which are beyond the Employer’s control, in the event of a lay-off of a permanent or long-term nature, the Employer will provide affected employees with two (2) weeks notice for each year of service to a maximum of sixteen (16) weeks, provided the affected employee has more than twelve (12) months service. Employees with less than twelve (12) months service will be entitled to notice in accordance with the Rules provisions of the Dayton Civil Service Commission expressly applicable Employment Standards Act. A copy of any notice of lay-off to employees of an employee will be provided to the EMPLOYER. Union at the same time. 14.02 For the purpose of an involuntary reduction as a result of layofflay-offs and recall to employment, such layoffs seniority shall be conducted defined as continuous service with the Employer since the date of last hire by classificationthe Employer, inclusive of vacations, but exclusive of paid or unpaid leave of absence or illness in excess of thirty (30) continuous calendar days, and displacements shall be conducted based on system seniority. The employee period or periods of lay-off. 14.03 In the event of lay-off, employees with the least System wide seniority within the classification in which the lay-off takes place shall be laid off first, providing that those employees who remain on the job then have the ability to perform the work. 14.04 An employee who is subject to lay-off shall have the right to either; (as defined a) accept the lay-off or; (b) displace an employee who has lesser bargaining unit seniority and who is the least senior employee in Article 10)a lower or identical paying classification in the bargaining unit if the employee who originally is subject to lay-off can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose (a) or (b) above shall be given in writing to the designated Employer representative within five (5) working days (excluding Saturday, Sunday and Holidays) following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. 14.05 Where a position or positions become available in the classification or if no vacancy exists classifications in classification subsequently affected which the lay-off occurred, employees who have been laid off for a period of six (6) calendar months or less shall be removed within recalled to positions in the affected classification. If two or more employees have identical system classification from which they were laid off in the order of their seniority, provided he then has the ability to perform the available work. 14.06 It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within three (3) calendar days (exclusive of Saturdays, Sundays, and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the highest last four digits of their social security number Employer (which notification shall be deemed to have been received on the equivalent second day following the date of lower senioritymailing) and to return to work within seven (7) calendar days after being notified. The continued employment of any notification shall state the job to which the employee so removed from a position is eligible to be recalled and the date and the time at which the employee shall report for work. The employee is solely responsible for his proper address being on the record with the Employer. 14.07 No new employee shall be determined hired in the classifications in which a lay-off has taken place until laid off employees, who have been laid off for twenty-four (24) calendar months or less, and are eligible for recall as prescribed by this Article, have been given the opportunity to return to work. 14.08 In determining the ability of an employee to perform the work for the purposes of paragraphs .03 and .05 above, the Employer shall not act in an arbitrary or unfair manner. 14.09 In the event that a lay-off commences on the day immediately following manner: A. Once displaced from their present classificationa paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the, lay-off commenced. 14.10 No full-time employee within the bargaining unit shall be demoted laid off by reason of his/her duties being assigned 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 one or more part-time employees, except in the case where the hours of coverage required in what was formerly a full-time position with have diminished to less than full-time hours. 14.11 In the most scheduled hours event of a lay-off of a full-time employee, the Employer shall pay its share of the costs for Extended Health Care, Vision Care and Dental Plan for two (2) months from the end of the month in which the lay-off occurs. Payment for such premium costs shall first fill be contingent upon the employee paying her share of the premium costs within seven (7) days of the date of lay-off. 14.12 In the event that a vacancy and if no vacancy exists then displace lay-off commenced on the day immediately preceding or following a paid holiday an employee in such non-tested part-time classification based otherwise qualified for the holiday shall not be disentitled thereto solely because of the day on system seniority. D. If an employee is not entitled to a position under which 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 laidlay-off shall be placed on a threecommenced.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided A. The Employer may determine in this agreementits discretion when and how it must reduce the hours worked by employees in the work force. The Employer may decide to eliminate positions or reduce the hours of any positions in its discretion.‌ B. When the Employer determines it is necessary to reduce the size of the work force by elimination of positions in a seniority classification, all reductions, suspensions, removals and demotions employees in the seniority classification shall be made reduced in accordance with order of least seniority within the Rules of seniority classification being reduced, provided there are more senior employees within the Dayton Civil Service Commission expressly applicable seniority classification remaining who possess the skills and qualifications to employees of perform the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs shall be conducted positions vacated by classification, and displacements shall be conducted based on system seniority. The employee with the least System wide seniority (as defined in Article 10), senior employees 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 . C. An 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 reduced from a position in his/her present seniority classification shall be determined retained 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 abovein another classification in which he/she has previously accumulated seniority, the employee shall be placed into provided there is 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 less senior employee in that classification based on system seniorityand the more senior employee possesses the skills and qualifications to perform the position. C. If not entitled D. Employees shall be provided five (5) work days notice prior to the effective date of layoff. E. When positions become available in a seniority classification, employees who have been laid off from that seniority classification shall be recalled in order of greatest seniority within the seniority classification from which they were laid off, provided the employee possesses the skills and qualifications to perform the position. Recall rights to a position under shall terminate two years from the abovedate of layoff from the seniority classification. F. When the Employer determines it is necessary to reduce the number of hours of any bargaining unit positions, an employee, in an effort to maintain the employee current number of hours worked, upon application, 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 placed 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 in his/her rights present seniority classification which would maintain his/her hours of employment and which is held by a less senior employee, provided the reduced employee possesses the skills and qualifications to all perform the position and the displaced employee can be retained in the classification in another position for which he/she possesses the skills and qualifications. An employee seeking to preserve his/her previous hours will be provided a ten work day trial period within which to demonstrate his/her ability to perform the work. G. Employees do not have the right to displace less senior employees in higher pay rate positions under the above, said employee shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on pursuant to a threelayoff or reduction of hours.‌

Appears in 1 contract

Sources: Master Agreement

Layoff and Recall. 14.01 Except Where it is necessary to increase the working force of the employees, seniority will be the guiding factor so long as otherwise provided it does not prevent the Company from securing a working force of employees who are qualified and willing to do the work which is available. In the event of the lay-off or recall of an employee with less than one year’s seniority the Company may, if the difference in seniority is twelve (12) days or less, lay-off or recall without following the seniority list. In the event of production cutbacks that result in temporary layoff the following steps will be initiated: A meeting will take place immediately with the union to discuss employees and jobs affected. At this agreementmeeting the parties will determine the best course of action to reduce the number of employees through layoff. Alternate work assignments, all reductions(A. A.), suspensionsmay be implemented to include but not restricted to training, removals and demotions temporary or special leaves. This intent in no way should restrict the Company from scheduling its’ regular business, an A. A. if qualified would fill a needed position in the event of absenteeism, vacation or other extenuating circumstances. The Company will abide by the following formula in order that the number of employees leaving the workforce on such a layoff is reduced for a period of up to two months: If one (1) to twenty (20) employees are on layoff, four (4) positions in the Plant will be These four (4) positions will be the four (4) most junior employees remaining. If twenty-one (21) to forty employees (40) are on layoff, six (6) positions in the Plant will be designated These six (6) positions will be the six (6) most junior employees remaining. forty-one (41) or more employees are on layoff, eight (8) positions in the Plant will be designated These eight (8) positions will be the eight (8) most junior employees remaining. The Company will not be obliged to follow the seniority rules when notifying employees of a lay-off of two (2) working days or less duration. The Company will endeavour to minimize the scheduling of a lay-off under this clause whenever practical. This provision shall be used in the event of an emergency or in the case of scheduled area or total Plant shutdowns, but shall not be used for the purposes of scheduling short work weeks of over two (2) consecutive weeks. If extended short work weeks are necessary, lay-off will be made in accordance with Clause Probationary employees who are laid off will be retained on the Rules Company Seniority List for a period of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYERthree (3) months. For the purpose of an involuntary reduction as layoff and recall only, a result regular employee who is laid off shall retain recall rights for a period equal to the seniority attained at the time of layoff or years, whichever is greater. While on layoff, such layoffs shall be conducted by classification, and displacements shall be conducted based on system all regular employees will continue to accumulate seniority for a maximum of one year with no loss of past seniority. The accumulation of one year’s seniority is for the purpose of pension, vacation and benefit service requirements. An employee who is eligible for recall will retain their seniority date for purposes layoff and recall purposes only. Unless employees report to work within working days after being requested to do so, they will forfeit their claim to re-employment at the Company’s discretion. Employees so requested to return to work must notify the Company within two (2) working days of receiving such notice, whether they intend to return or not. All employees must keep the Company informed as to their current address and telephone number. Notice of recall will be considered received when the Company communicates such notice by registered mail to the last known address of the employee. In instances where the Company communicates such notice, but is unable to contact the employee or receives no reply from the employee, confirmation that notice has been given will be supplied in writing to the Plant Chair and the Recording Secretary. In lay-offs other than those concerned under Clause the Company will provide the Plant Chair and Recording Secretary with the least System wide seniority names of those employees to be laid off within two (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 2) days prior to a lower grade position within lay-off and will provide the classification series in descending order names of those recalled on the day of recall. Any employee while working for the Company, who is away three (3) consecutive days and fails to report their absence during that period without satisfactory explanation will be subject to discipline up to and including possible termination. An approved employee subject to lay-off 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 laidreceive regular Company paid benefits for two (2) months following lay-off. Any When the first day of a month occurs during the last work week of an approved employee involuntarily displaced and/or subject to lay-off, such employee shall receive Company paid benefits for only the balance of that month plus one additional month. Approved laid-off shall be placed on employees may purchase Company paid benefits for a threeperiod of up to one year lay-off.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided When there is a reduction in this agreementthe working force, the following procedures shall be used: a) All TPT’s through the plant shall be laid off first; b) Thereafter, all reductionsprobationary employees through the plant shall be laid off; c) Thereafter, suspensionsemployees shall be laid off in inverse order of seniority provided there are available employees who are able to satisfactorily perform the work to be done. 14.02 If there is a reduction in a classification, removals the affected seniority employee shall have the right to utilize their seniority to another classification provided they are able to demonstrate satisfactorily to the Company that they have the skill and demotions ability and/or previously acquired in another classification that they held. The affected seniority employee will be paid at the applicable rate of pay for the work performed in the new classification. 14.03 When there is an increase in the working force after a layoff the reverse of the above layoff procedure shall be followed. 14.04 Employees recalled must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization period. 14.05 Whenever possible, a list of employees to be laid off shall be made available to the Union at least forty-eight (48) hours prior to the layoff becoming effective. It is understood and agreed that the Company may give shorter notice of layoff in circumstances beyond the control of the Company. 14.06 In the event of a layoff that lasts longer than the balance of a regular shift, upon which the layoff occurs, reduction in the working force shall be in accordance with the Rules layoff procedure in 14.01 (above). 14.07 In the event of a reduction of the Dayton Civil Service Commission expressly applicable workforce during a shift, high seniority employees within the respective classification will be canvassed to employees leave early prior to the layoff 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 lowest 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 provided however that the lower grade position based on system seniorityseniority employees are capable of performing the work available. 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 14.08 When students are employed they shall be laid-off. Any employee involuntarily displaced and/or laid-off shall before all other employees. 14.09 The Shop Committee will be placed retained at work notwithstanding their position on a threethe seniority list so long as work is available which they are able to satisfactorily perform.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 2301 A layoff shall be made any reduction in accordance the work force or any permanent reduction of an employee‟s normal hours of work due to lack of work. 2302 In the event of a layoff, employees other than probationary or temporary employees shall receive notice or pay in lieu of such notice as follows: (a) two (2) weeks‟ notice for layoff up to eight (8) weeks; (b) four (4) weeks‟ notice for layoff of more than eight (8) weeks. 2303 When reducing staff, senior employees shall be retained, providing their qualifications and ability are sufficient to perform the required duties. 2304 If the layoff is expected to be temporary (of not more than eight (8) weeks‟ duration), employees shall be laid off in reverse order of seniority within the department affected. If the layoff is expected to or actually does exceed eight (8) weeks‟ duration, an employee shall be entitled to exercise her Facility-wide seniority to bump into any classification within the scope of this agreement with the Rules of same or lower salary range, provided she possesses the Dayton Civil Service Commission expressly applicable qualifications and ability sufficient to employees of perform the EMPLOYERrequired work, or accept layoff. Any employee thus displaced shall have the same rights. For the purpose of interpreting the meaning of “same or lower salary range”, it is agreed that classifications will be considered to be the same provided that the maximum of the salary range the employee is considering bumping into is within one percent (1%) of the maximum of the salary range for the position currently held by the employee. Should the employee bump into a position with a salary range considered to be the same, she/he will be paid at the same increment level that she/he currently holds. 2305 Notice of layoff shall be given by personal service or by registered mail to the employee and a copy of the notice will be provided to the Union. An employee who is on layoff shall not be entitled to notice of layoff when she/he returns to work on an involuntary reduction as a result of incidental basis. 2306 Notwithstanding Article 3109 (a) additional available shifts shall be offered to an employee on layoff, such layoffs shall be conducted by classificationbefore part-time and casual employees, provided she possesses qualifications and displacements shall be conducted based on system seniorityability sufficient to perform the required work. The employee on layoff will receive preferential consideration for the assignment of such shifts provided that this will not result in her/him working in excess of her/his regular EFT commitment. Notwithstanding Article 1808 (a), when an employee does not work part or all of said additional available shift(s), for any reason, payment shall be made only in respect of hours actually worked. In the event the employee accepts additional available shifts, the provisions of the Collective Agreement shall be applicable except as modified hereinafter: (a) Vacation shall be calculated in accordance with Article 1503 and shall be paid at the prevailing rate for the employee on each paycheque, and shall be prorated on the basis of hours paid at regular rate of pay; (b) Income protection accumulation shall be calculated as follows: Additional available hours worked by the laid off employee X Entitlement of Full-time Full-time Hours Employee (c) Seniority shall be calculated in accordance with regular hours worked; (d) The employee shall be paid four point six two percent (4.62%) of the basic rate of pay in lieu of time off on Recognized Holidays. Such holiday pay shall be calculated on all paid hours and shall be included in each paycheque; (e) Participation in benefit plans is subject to the provisions of each plan. Any period of time during a layoff when the employee works additional available shifts or works in a term position shall not extend the three (3) year period referenced in Article 12. However, an employee on layoff who is recalled into a term position shall retain her/his right to be recalled into a permanent position while working in the term position. 2307 No new employee shall be hired until those laid off have been given an opportunity for recall to positions for which they possess the qualifications and ability sufficient to perform the required duties. Should a laid off employee be recalled to a term position, the provisions of the collective agreement shall apply as modified hereinafter: (a) an employee who is awarded a term position which is of a lesser EFT than what she occupied immediately prior to layoff, shall continue to be entitled to preferential consideration for the assignment of additional shifts in accordance with Article 3109 (a), providing that this will not result in her working in excess of her regular EFT commitment; (b) at the expiry of the term position, the employee will return to the recall list; (c) any vacation earned during a term position will be paid out at the end of the term position unless the employee secures another position prior to the end of it. 2308 Laid off employee shall be recalled in seniority order to vacancies in equal or lower EFT status and in equal or lower paid classifications provided they possess qualifications and ability sufficient to perform the required work. Such recall shall be made by registered mail or by personal service and shall provide for at least one (1) week‟s notice to report back to work. To be eligible for recall, prior to the employee‟s last shift worked, the employee must provide the Employer with her current address, and further, must inform the Employer of any address changes. 2309 A recalled employee must communicate with the least System wide seniority Employer by telephone within seven (as defined in Article 10), in the classification or if no vacancy exists in classification subsequently affected shall 7) calendar days of notice of recall being delivered. 2310 The right of an employee who has been laid off to 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 rehired under this Agreement will be deemed to have the equivalent of lower seniority. The continued employment of any employee so removed from a position shall be determined forfeited in the following mannercircumstances: A. Once displaced from their present classification(a) if the employee did not communicate with the Employer as specified in 2309, or; (b) if the employee did not report to work when instructed to do so and fails to provide a written explanation satisfactory to the Employer, or; (c) a thirty-six (36) month period has elapsed since the initial date of layoff. 2311 Laid off employees shall be entitled to apply for job vacancies other than those to which they have recall rights. 2312 Except for temporary layoffs of up to eight (8) weeks, accumulated vacation entitlement shall be paid out at time of layoff. An employee whose layoff is temporary (less than eight (8) weeks) may request pay-out of accumulated vacation entitlement. 2313 The seniority of an employee who informs the Employer within seven (7) calendar days following notification of recall, that she declines employment in a lower classification or lower EFT than she held prior to layoff, shall not terminate for failure to report for duty in that instance. 2314 Employees who are absent from work due to a leave of absence for any reason shall be demoted to a lower grade position within the classification series advised of layoff in descending order accordance with this Agreement and shall be displaced into a vacancy and if no vacancy exists then displace an employee in required to comply with all provisions of this Agreement except that they shall not be expected to return to work prior to the lower grade position based on system seniorityexpiry of their leave of absence. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 13.1 Reduction of Secretarial personnel shall be made in accordance with the Rules of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYERaccomplished by seniority. For the purpose of an involuntary reduction as a result of layoff, such layoffs Seniority shall be conducted by classification, defined as the length of continuous full-time service in the District in as an Administrative Assistant. 13.1.1 An Employee shall lose his/her seniority and displacements all rights thereto under this Agreement for the following: (1) resignation or discharge for just cause; (2) retirement; (3) failure to return to work from leave of absence or to notify the District of intent to return to work within the specific time requirements shall be conducted based on system seniority. considered a voluntary resignation; (4) failure to respond to a proper recall notice. 13.2 The employee person with the least System wide seniority in the District shall be laid off first. 13.3 The District will provide seniority lists no later than March 1st. The Employee's seniority shall be established as the date of hire with the Milford School District in as an Administrative Assistant. 13.3.1 If a reduction in force is necessary beyond normal attrition, the Superintendent shall determine the number of positions that will be reduced and the level from which the reductions will be made as well as the date such reductions are needed and shall apprise the Employees of this information ten (10) workdays prior to the effective date of the reduction. 13.3.2 Provided the laid off person has sufficient seniority, the Employee may “bump” any Employee holding a position in the same or lower level. The Employees will have thirty (30) days to dispute the seniority list. 13.3.3 Any Employees who are “bumped” shall have the same rights set forth above for laid off Employees. 13.3.4 An Employee exercising the right to “bump” shall receive the salary rate 13.3.5 In the event that two (2) or more Employees have the same length of service in any classification, or area of certification, the following criteria shall be used in the order enumerated as defined tie-breakers. (1) Total length of service in Article 10)the District, as per date of hire, in a Administrative Assistant Classification. (2) Educational or training levels associated with the classification classification (3) Total length of service in public or if no vacancy exists private schools in classification subsequently affected Delaware. (4) A lottery as established by the Superintendent and MEA Representative. 13.4 Laid-off Employees shall be removed within recalled to the affected classificationsame or lower classification from which they were laid off. If two or more employees have identical system seniority, then the employee with the highest last four digits of their social security number The same criteria used to reduce Employees shall be deemed used 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 recall them with the last previously held person laid off being the first person recalled. Recalled Employees shall receive the salary of the position and to which they are recalled. Employees on approved leaves of absence shall first fill a vacancy in such classification, and if no vacancy exists, then be subject to the employee shall displace an employee in that classification based on system senioritylayoff provisions of this Agreement. C. If not entitled to a position 13.4.1 Time lost by an Employee laid off under the aboveprovisions of this Article, who is subsequently recalled, shall not be considered to interrupt continuous service; but such time shall not be counted toward additional service or be a criterion for benefits as set forth in this Agreement 13.5 Employees shall remain on the employee shall be demoted to recall list for a non-tested part-time position with period of eighteen (18) months from 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 senioritylast day worked. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided A. The Employer may determine in this agreementits discretion when and how it must reduce the hours worked by employees in the work force. The Employer may decide to eliminate positions or reduce the hours of any positions in its discretion. B. When the Employer determines it is necessary to reduce the size of the work force by elimination of positions in a seniority classification, all reductions, suspensions, removals and demotions employees in the seniority classification shall be made reduced in accordance with order of least seniority within the Rules of seniority classification being reduced, provided there are more senior employees within the Dayton Civil Service Commission expressly applicable seniority classification remaining who possess the skills and qualifications to employees of perform the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs shall be conducted positions vacated by classification, and displacements shall be conducted based on system seniority. The employee with the least System wide seniority (as defined in Article 10), senior employees 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 . C. An 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 reduced from a position in his/her present seniority classification shall be determined retained 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 abovein another classification in which he/she has previously accumulated seniority, the employee shall be placed into provided there is 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 less senior employee in that classification based on system seniorityand the more senior employee possesses the skills and qualifications to perform the position. C. If not entitled D. Employees shall be provided five (5) work days notice prior to the effective date of layoff. E. When positions become available in a seniority classification, employees who have been laid off from that seniority classification shall be recalled in order of greatest seniority within the seniority classification from which they were laid off, provided the employee possesses the skills and qualifications to perform the position. Recall rights to a position under shall terminate two years from the abovedate of layoff from the seniority classification. F. When the Employer determines it is necessary to reduce the number of hours of any bargaining unit positions, an employee, in an effort to maintain the employee current number of hours worked, upon application, 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 placed 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 in his/her rights present seniority classification which would maintain his/her hours of employment and which is held by a less senior employee, provided the reduced employee possesses the skills and qualifications to all positions under perform the above, said position and the displaced employee shall can be laid-offretained in the classification in another position for which he/she possesses the skills and qualifications. An employee seeking to preserve his/her previous hours will be provided a fifteen (15) work day trail period within which to demonstrate his/her ability to perform the work. Any employee involuntarily displaced and/or laid-off in a trial period may request in writing to his/her immediate supervisor to be removed from the new position. Upon such request, the Employer shall be placed on return the bargaining unit member to his/her prior position and wages. G. Employees do not have the right to displace less senior employees in higher pay rate positions pursuant to a threelayoff or reduction of hours.

Appears in 1 contract

Sources: Master Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions shall be made in accordance with Section 1. In the Rules event the Employer finds it necessary to lay off employees due to lack of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoffwork, such layoffs shall be conducted by classification, and displacements shall be conducted based on system seniority. The employee with the least System wide in inverse order of 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 where the lack of work exists. Section 2. The Local Union and the Employees shall be displaced into given a vacancy and thirty (30) calendar day notice, if no vacancy exists then displace an possible, in cases of layoff. Section 3. The affected employee(s) may exercise one of the following options: a) The employee may bump the least senior employee in the next lower grade position based on system seniorityclassification within his or her job corridor for which he or she is qualified or certified. B. If not entitled to a position under the above, the b) An 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 who has been notified of his/her rights opportunity to all positions under displace the above, said least senior employee in a) above may elect to be laid off. c) Employee(s) who have been laid off or displaced shall have the right of recall to any former job classification or any other job classification for which they are minimally qualified in their own or lower pay rate. Section 4. Laid off employees shall be laid-offgiven preference in reemployment if qualified. Any employee involuntarily displaced and/or laid-off In the event of recall, employees shall be placed on recalled in the reverse order of the layoff. a) When work becomes available in that employee’s classification from which they were laid off or displaced, they will be recalled in reverse order of their layoff or displacement. b) For the purposes of recall notification, the Employer shall notify the employee by a threereliable, documented means at the last known address supplied by the employee. Employees must notify the Employer within five working days after the date the message was received of their intent to report to work after notification. Employees shall report to work within three (3) working days after indicating their willingness to be reinstated. c) The Local Union shall be given advanced notice of recall. Job Corridor Chart Maintenance Operations Mechanical Electrical GPM’s Special skills Clerical Common Corridor *Control Room Tech *Control Room Tech *Chemical Tech Special Report *WE TM *Bldg Tech Help Desk/ GSSC *Electrician POM *▇▇▇▇▇▇▇▇▇ *MFM Motor Vehicle Mail Clerk WM2 RSS *Plumber *HMT *Millwright *GSO WM1 * *HVAC Tech Audio MAC/ GUW Trainees

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise 15.1 When there is a reduction in the working force the following procedure shall be used: (a) All employees in the TPT classification shall be laid off first; (b) All probationary employees, except in the skilled trades, will be laid off next. Thereafter, employees in the plant will be laid off in inverse order of seniority provided there are available employees with seniority who are able and willing to do the work of the employees to be laid off who will be given a training period of minimum five (5) working days. Material Handlers shall have ten (10) working days of classification training. (c) Exceptions in this agreement, all reductions, suspensions, removals and demotions the application of the above-mentioned seniority rules shall be made by mutual agreement between the Shop Committee and the Company. (a) Where there is an increase in accordance with the Rules working force after layoff, the reverse of the Dayton Civil Service Commission expressly applicable above layoff procedure shall be followed, including the training period of minimum five (5) working days. (b) The Company will not increase the hours of work in a classification in the plant over forty (40) hours per week until all seniority employees laid off in that classification in the plant are called back to work, except in an emergency when agreed to by the Shop Committee, or when a classification is working to full capacity on a three (3) shift basis. 15.3 A list of employees to be laid off pursuant to a planned layoff will be made available to the Chairperson of the EMPLOYERShop Committee and will be posted on the plant bulletin board at least five (5) days prior to the layoff becoming effective, if possible. 15.4 An employee while retained on the plant seniority list during layoff accumulates seniority during such period and shall be considered a payroll employee for recall rights purposes. For the purpose of an involuntary reduction this article, layoff is defined as a result person who is scheduled to be out of layoff, such layoffs shall be conducted by the workplace due to a reduction in the workforce. The following procedure will apply to employees who have been reduced from their classification, and displacements shall except for Relief Operator, but who have the seniority to remain in the plant, will: 1. To displace a lower seniority employee in their classification, regardless of shift. 2. If there is no lower seniority employee in the classification, they will be conducted based on system seniorityassigned to the Operator classification, seniority permitting. The Employees, who have been identified for layoff or recall who do not have the seniority to be assigned to the Operator Classification, will be allowed to bump the employee with the least System wide seniority whose work they are able to perform with minimum five (as defined 5) days of training. Once an employee has opted to displace another employee outside the Operator Classification, they will assume that position until recalled back to their classification, or they post to a new classification. The parties agree that in Article 10)the case of a layoff, employees of the Mold Setter, Mold Processor, Shipper/Receiver, Tooling and Maintenance groups shall be able to enter into the Machine Operator Classification, if there is an opening, in lieu of being laid off. The employee will receive minimum five (5) days of training and will enter 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 date 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 entry 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except 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 otherwise provided outlined in this agreementArticle 9.12; or (c) opt to retire, all reductions, suspensions, removals and demotions shall be made in accordance with if eligible under the Rules terms of the Dayton Civil Service Commission expressly applicable Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(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 employees layoff has the ability to meet the normal requirements of the EMPLOYERjob. 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 An 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 so displaced shall be deemed to have the equivalent of lower seniority. The continued employment of any employee so removed from a position been laid off and shall be determined entitled to notice in accordance with Article 9.08 A (a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the following manner:same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. A. Once displaced from their present classification(f) In addition, in combined full-time/part-time collective agreements, a full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08 A (a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall be demoted have opportunity of recall from a layoff to a lower grade position within an available opening, in order of seniority, provided he or she has the classification series in descending order and shall be displaced into a vacancy and if no vacancy exists then displace ability to perform the work. (k) In determining the ability of an employee in to perform the lower grade position based on system seniority. B. If not entitled to a position under work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be placed into a position previously held by permanent appointmenthired until all those laid off have been given an opportunity to return to work and have failed to do so, commencing in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last previously held position address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and shall first fill a vacancy in such classification, the date and if no vacancy exists, then time at which the employee shall displace an report for work. The employee in that classification based is solely responsible for his or her proper address being 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 record 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 seniorityHospital. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided (a) In the event of layoff, the Employer shall lay off employees in this agreementthe reverse order of their seniority and status, all reductions, suspensions, removals and demotions shall be made in accordance with Article 11.02 - Order of Lay-offs, provided that there remain on the Rules job employees who then have the ability to perform the work. (b) An employee who is subject to layoff shall have the right to either: (i) accept the layoff, or (ii) displace an employee who has lesser bargaining-unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the Dayton Civil Service Commission expressly applicable to employees lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. (iii) The decision of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs employee to choose (i) or (ii) above shall be conducted by classificationgiven in writing to the designated Employer representative within ten (10) working days (excluding Saturday, Sunday and displacements shall be conducted based on system seniorityHoliday(s) following the notification of lay-off. 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 Employees failing to do so will be deemed to have the equivalent accepted lay-off. (c) An employee shall have opportunity of lower seniority. The continued employment of any employee so removed recall from a position shall be determined layoff to an available opening, in order of seniority, provided they have the ability to perform the work before such opening is filled on a regular basis under a job posting procedure in the following manner:collective agreement shall not apply until the recall process has been completed. A. Once displaced from their present classification, (d) In determining the ability of an employee shall be demoted to a lower grade position within perform the classification series in descending order and shall be displaced into a vacancy and if no vacancy exists then displace an employee in work for the lower grade position based on system seniority. B. If not entitled to a position under purposes of the paragraphs above, the employee Employer shall be placed into a position previously held by permanent appointment, commencing with the last previously held position and shall first fill a vacancy not act in such classification, and if no vacancy exists, then the employee shall displace an employee in that classification based on system seniorityarbitrary or unfair manner. C. If not entitled (e) An employee recalled to work in 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 different paramedic 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-from which they were laid off shall be placed on a threehave the privilege of returning to the position they held prior to the layoff should it become vacant within six

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided 18:01 The parties recognize that job security increases in this agreementproportion to the length of service with the Employer. In the event of a reduction in work or in the workforce, all reductions, suspensions, removals and demotions the Employer agrees that employees shall be made laid off in accordance the reverse order of their seniority insofar as it is practicable to do so, providing other qualifications are relatively equal. When an employee is laid off, he/she shall have the option of displacing another employee with lesser seniority in the Rules same or lower job classification providing he/she is qualified to perform the normal requirements of the Dayton Civil Service Commission expressly applicable job satisfactorily and has more seniority than the employee to employees be displaced. The displaced person shall have the option of displacing another employee with lesser seniority in the same or lower job classification providing he/she is qualified to perform the normal requirements of the EMPLOYERjob satisfactorily and has more seniority than the employee to be displaced. The second displaced person has the option of displacing the least senior employee in the same classification or the least senior employee in a lower classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. For clarity, the purpose normal requirements of the job include the percent FTE of the job, so an involuntary reduction employee who is displacing another employee must be willing and able to accept the percent FTE of the position/employee being displaced. The intention to exercise this right and the specific details of the intended displacement must be declared by the initial person laid off within ten (10) days of notification of layoff by the Employer; the intention to exercise this right and specific details of the intended displacement(s) must be declared by the first and second displaced persons, if any, within ten (10) days of notification of displacement. No further displacement will take place as a result of layoff, such layoffs shall be conducted by classification, the initial layoff and displacements shall be conducted based on system seniorityany resulting displacements. 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, It is understood that when an employee shall be demoted exercises the option 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 performing a job at a lower classification, he/she shall be paid at the rate of the lower grade position based on system classification. Employees shall be recalled to work in order of their seniority. B. 18:02 Recall rights shall be terminated on the cancellation of an employee’s seniority. 18:03 It shall be the duty of the employee to notify the Employer promptly of any change of address. If an employee should fail to do so, the Employer will not entitled be responsible for failure of official notices to a position under reach the aboveemployee. 18:04 The Employer shall notify employees who are to be laid off ten (10) working days before the layoff is effective. If the employee to be laid off has not had the opportunity to work ten (10) full days after notice of layoff, 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 paid in such classification, and if no vacancy exists, then the employee shall displace an employee in lieu of that classification based on system senioritypart of ten (10) days during which work was not available. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions The following seniority groups shall be made recognized for purpose of layoff and recall: Minimum Proficiency Period* GROUP I: 30" & 60" slitters 100 GROUP II: 48" & 72" slitters 100 GROUP III: 12", 22" & 24" ▇▇▇▇▇ 100 GROUP IV: 44" mill 200 GROUP V: Annealing 200 GROUP VI: Crane operators 40 GROUP VII: Fork lift & truck loaders 40 GROUP VIII: Receiving 100 GROUP IX: Shipping 100 GROUP X: Scale operator 60 GROUP XI: Maintenance (general) 400 GROUP XII: Maintenance (electrical) 400 GROUP XIII: Roll grinders 200 GROUP XIV: RTS 60 GROUP XV: Material Handlers 20 Layoffs within each group will proceed as follows: The first employees to be laid off shall be those who have not completed their proficiency period. Layoffs shall be in accordance inverse order of the number of days actually worked within the group as of the date of layoff. That is, the employees with the Rules greater number of the Dayton Civil Service Commission expressly applicable to days worked within their classification shall have priority over employees with fewer days worked regardless of the EMPLOYERseniority. For the purpose of an involuntary reduction as a result of layoffAfter all employees who have not yet completed their proficiency period have been laid off, such layoffs among those employees who have completed their proficiency period shall be conducted by classification, and displacements shall be conducted based on system in inverse order of seniority. The company will give good faith consideration to any requests for voluntary layoff but retains the discretion to deny such requests if the absence of the employee would leave the company with an insufficient number of employees who had completed their proficiency period in the affected classification and shift. Anyone who is granted a voluntary layoff must remain on layoff for 30 days or until recalled, whichever is sooner. In order to avoid layoff, any employee who would otherwise be laid off may displace (i.e., "bump") any employee with less plant seniority in: (a) Group XV; or (b) any other group if (but only if) the least System wide employee seeking to exercise bumping rights held the job classification into which he/she seeks to bump within the 36-month period prior to the commencement of the layoff. Employees who have not completed their proficiency period cannot bump those who have. To the extent that cross-training is provided, the employees are responsible to learn all jobs within their seniority (as defined in Article 10)group. In addition, in truck loaders must learn the classification or if no vacancy exists in classification subsequently affected operation of cranes and fork lifts. Recalls from layoff shall be removed in inverse order of layoff 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 seniorityeach group. The continued employment of any employee so removed from a position Company 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 consider laid-off probationary employees for recall but shall not be compelled to recall them. Laid-off employees who leave town shall be placed on responsible to keep the Company closely advised of their whereabouts. Notification of recall shall be directed to the employee's last known telephone number or any telephone number specified by an employee who plans to be out of town. If there is no answer at the employee's telephone number, a threewritten notice of recall shall be sent by registered mail. Notification of recall shall give the employee 72 hours to report for work.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Steel Technologies Inc)

Layoff and Recall. 14.01 Except as otherwise provided Where there is a reduction in this agreementthe working force, all reductions, suspensions, removals and demotions the following procedures shall be made used: (i) All probationary employees through the plant shall be laid off first; (ii) Thereafter employees shall be laid off in accordance with inverse order of seniority; Provided there are available employees who are able to satisfactorily perform the Rules of work to be done. Employees retained must be able to satisfactorily perform the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYERwork available and will be allowed a five (5) day familiarization period. For the purpose of this article a familiarization period will be defined as an involuntary reduction employee having previously held the classification, backup position or having acquired the same work experience in another classification. When an employee is laid off from their classification, they have three (3) working days from the date of layoff notification to notify the Company in writing of their desire to exercise their seniority and go to another classification for which they are able and qualified to perform. If the employee does not have the seniority to bump into that classification, and it later becomes available as a full time opening, that employee will be allowed the option to exercise their seniority to bump into that classification provided they have put their option in writing within the three (3) day period of layoff and they have the seniority to go. If employees are to be displaced from their current shift as a result of a layoff, such layoffs the following procedure shall be conducted by classification, and displacements shall be conducted based on system seniority. apply: (i) The employee Company will provide the Union with the least System wide number of employees required to fill the open positions on the day and afternoon shifts. (ii) The employees will fill the open positions by seniority (as defined in Article 10), in and will carry their workcell selection to the classification or if no vacancy exists in classification subsequently affected shall be removed within new shift. In the affected classification. If two or more event the midnight shift is cancelled and the displacement of 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 classificationwork cells will exceed four (4) weeks, an employee shall work cells will 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 seniorityrepicked. 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. (iii) If an employee is not entitled laid off out of their classification that exceeds one (1) week, they will be allowed to pick a position under work cell. 14.02 When there is an increase in the above, or waives his/her rights to all positions under working force after a layoff the above, said employee reverse of the above layoff procedure shall be laid-offfollowed. Any employee involuntarily displaced and/or laid-Employees recalled must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization period. 14.03 A list of employees to be laid off shall be placed made available to the Union at least forty-eight (48) hours prior to the layoff becoming effective. It is understood and agreed that the Company may give shorter notice of layoff in circumstances beyond the control of the Company. 14.04 In the event of a layoff which lasts longer than the balance of a regular shift upon which the layoff occurs, reduction in the working force shall be in accordance with the layoff procedure in 14:01 (above). In the event of a reduction of the workforce during a shift, the Company will canvass high seniority employees within the respective classification, to leave early prior to laying-off the lowest seniority employees for the balance of that shift, provided however, those lower seniority employees being retained are capable of performing the work available. 14.05 If an employee on layoff notifies the Company in writing that he/she shall not be available for a threespecial period of time and if he/she would have been recalled during that period of time the Company, subject to the efficient staffing of the plant, will bypass him/her during the recall and go to the next most senior employee and he/she shall not be entitled to further recall until such time as further employees are recalled and after the expiration of the specified period of time that he notified the Company that he/she would be available. If an employee elects to be by-passed he/she will be deemed to be on proper notice as required by the Employment Standards Act. 14.06 When students are employed they shall be laid off before the employees. 14.07 The Plant Chairperson and the Vice Chairperson/Benefits Representative will be retained at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform. 14.08 If an employee who is off on Sickness and Accident Benefits, or Workers Compensation becomes fit to return to work and so notifies the Company at least one (1) full work day before the return to work of their intention to return to work, the employee will be paid four (4) hours pay pursuant to Article 24 of the Collective Agreement if they are not notified prior to their return to work that they were laid off during the period of S & A or WSIB. 14.09 When employees are to be laid off in accordance with Article 14 of the Collective Agreement and the layoff is not to exceed week four (4) weeks and has a defined recall date, employees will have the right to elect layoff in inverse order of seniority provided there are employees available to perform the required work. Employees electing to be laid off in inverse order of seniority will do so by submitting a request to the Human Resources Department by the first workday of January, April, July and October of each year. This request will outline that if a layoff, not to exceed four (4) weeks with a defined recall date, commences within the next three (3) months they are electing a layoff. Employees will have up to three (3) working days, where possible, prior to the last day of work to retract this request. Recall will be in accordance with 14.01 above. Employees who remain at work due to a higher seniority employee electing layoff out of seniority will be deemed to be working under the notice of layoff. This notice will satisfy the Company’s obligation under the Employment Standards Act. An employee who elects layoff out of seniority will be advised of their return to work date. It will be the employee’s obligation to contact the company two (2) regular working days prior to their return to work date in order to clarify what shift they are returning to.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided (a) In the event of layoff, the Employer shall lay off employees in this agreementthe reverse order of their seniority and status, all reductions, suspensions, removals and demotions shall be made in accordance with Article 11.02 - Order of Lay-offs, provided that there remain on the Rules job employees who then have the ability to perform the work.‌ (b) An employee who is subject to layoff shall have the right to either:‌ (i) accept the layoff, or‌ (ii) displace an employee who has lesser bargaining-unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the Dayton Civil Service Commission expressly applicable to employees lower or identical classification without training other than orientation. Such employee so displaced shall be laid off.‌ (iii) The decision of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs employee to choose (i) or (ii) above shall be conducted by classificationgiven in writing to the designated Employer representative within ten (10) working days (excluding Saturday, Sunday and displacements shall be conducted based on system seniorityHoliday(s) following the notification of lay-off. 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 Employees failing to do so will be deemed to have the equivalent accepted lay-off.‌ (c) An employee shall have opportunity of lower seniority. The continued employment of any employee so removed recall from a position shall be determined layoff to an available opening, in order of seniority, provided they have the ability to perform the work before such opening is filled on a regular basis under a job posting procedure in the following manner:collective agreement shall not apply until the recall process has been completed.‌ A. Once displaced from their present classification, (d) In determining the ability of an employee shall be demoted to a lower grade position within perform the classification series in descending order and shall be displaced into a vacancy and if no vacancy exists then displace an employee in work for the lower grade position based on system seniority. B. If not entitled to a position under purposes of the paragraphs above, the employee Employer shall be placed into a position previously held by permanent appointment, commencing with the last previously held position and shall first fill a vacancy not act in such classification, and if no vacancy exists, then the employee shall displace an employee in that classification based on system seniorityarbitrary or unfair manner. C. If not entitled (e) An employee recalled to work in 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 different paramedic 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-from which they were laid off shall be placed on a threehave the privilege of returning to the position they held prior to the layoff should it become vacant within six‌

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided (a) The Employer agrees to maintain the positions outlined in MOU #4 and employees in these positions will not be subject to layoff. In the event the scope of the work in Service Area #18 is changed either by a re-definition of the Area or by the Ministry of Transportation and Highways reducing or increasing the amount of work required, the parties agree to meet and re-negotiate the core numbers. In the event agreement cannot be reached an arbitrator will be selected from the list established in this agreement, all reductions, suspensions, removals agreement to make a binding decision. (c) Layoff of regular full-time and demotions regular part-time employees shall be in reverse order of service seniority within a classification and within seniority blocks. Notice of layoff shall be in writing twenty (20) work days prior to the effective date. Copies of such notification will be forwarded to the Union. If the employee has not had the opportunity to work twenty (20) full days after notice of layoff, he/she shall be paid in lieu of work for that part of the twenty (20) days during which work was not made available. (d) A regular full-time and regular part-time employee affected by a layoff may choose by indicating in writing one of the following options: (1) Bump a junior employee in the same classification series within the seniority block. In doing so he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another classification series within the seniority block. In doing so he must bump into an equivalent or lower classification provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and (2), will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the Rules salary of the Dayton Civil Service Commission expressly applicable employee's new classification equals or exceeds the salary which the employee is receiving. (3) Where an employee is displaced from his seniority block he can either bump the least senior employee, or fill a vacancy in another seniority block, provided he is capable of performing the work. Relocation expenses if incurred shall be paid by the employee. (4) Opt to employees be placed on a recall list of the EMPLOYER. For eighteen (18) months 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 recall to a position under within his seniority block for which the employee is qualified. If this option is selected, no severance pay will be paid while on the recall list. (5) In all cases relative to (1) through (4) above, the employee shall will be placed into allowed a position previously held by permanent appointment, commencing reasonable period to orient himself/herself with the last previously held position work area 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 seniorityequipment. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except (a) If a reduction of regular employees is necessary due to insufficient work, for reasons beyond the control of the Employer (including budgetary restraints)the Employer shall meet with, and advise the Union of the proposed reduction and the jobs affected as otherwise provided soon as possible and no reduction in staff shall occur until the following procedures are applied. During this agreement, all reductions, suspensions, removals and demotions shall meeting the Parties will determine if the lay-offs are to be made handled in accordance with the Rules of the Dayton Civil Service Commission expressly applicable Article 8.01 or 8.09. (b) The basic principle in applying layoff to employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs any regular employee shall be conducted by classificationlast hired, first laid off within the classification at the location affected provided the retained employee can perform the job. It is understood that employees either placed in a vacancy or exercising bumping rights under Articles 8.02 and displacements 8.03 shall be conducted based on system senioritygoverned by the following: (i) Full-Time Regular employees are eligible for Full-Time or Part-Time Regular positions. The employee with the least System wide seniority Part-Time Regular employees are eligible for Part-Time Regular or Casual positions. (as defined in Article 10)ii) Employees who are placed or who bump into a position are only eligible for such position if, in the classification opinion of the Employer, the employee is qualified or if no vacancy exists in classification subsequently will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) working days. (c) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to affected shall be removed within employees before the affected classificationscheduled reduction takes place. If two or more employees have identical system senioritythe written notice is not given, then pay in lieu will be provided. (d) Employees so affected will be offered 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 following in the following mannerorder: A. Once displaced from their present classification, an i. The employee shall be demoted may choose to bump a lower grade position junior employee within the classification series or accept placement 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.accordance with Article 8.02; B. If not entitled to a position under ii. Failing the above, the employee shall be placed into a position previously held by permanent appointment, commencing may choose to bump in accordance with the last previously held position and shall first fill a vacancy Article 8.03 or elect severance pay in such classification, and if no vacancy exists, then the employee shall displace an employee in that classification based on system seniorityaccordance with Article 8.04. C. If not entitled (e) The intent of this language is to minimize the effect of 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 layoff notice on system seniorityother bargaining unit employees. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except 5.3-1 When the Board determines that it is necessary to reduce the number of employees through layoff or abolition of position(s) due to lack of funds, lack of work, decreased enrollment of pupils, return to duty of regular employees on a leave of absence, suspension of schools or territorial changes affecting the district, or necessary changes which affect the non-teaching employees, the following procedure shall govern such a layoff. The Board of Education shall determine in which classification(s) the layoff shall occur and the number of employees to be laid off. 5.3-2 Prior to any reduction in staff the Superintendent shall meet with the President of the Association to advise him/her of the determined reductions. 5.3-3 The number of people affected by a reduction in force will be kept to a minimum by not employing replacements, insofar as it is practical, for employees who retire resign or otherwise provided in this agreementvacate a position at the time of the layoff. 5.3-4 Whenever the Board determines to lay off employees, all reductions, suspensions, removals and demotions affected employees shall be made in accordance with the Rules of the Dayton Civil Service Commission expressly applicable laid off within a classification according to employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs shall be conducted by seniority within that classification, and displacements shall be conducted based on system seniority. The employee with the least System wide senior employee laid off first. 5.3-5 Employees affected by a layoff shall have the right to displace (bump) a less senior employee in the same classification or a less senior employee in a classification in which the employee previously worked and has established seniority. An employee who assumes a position through bumping shall be compensated according to the salary schedule in place for the position he/she assumed. 5.3-6 If an employee affected by a layoff bumps into a classification in which he/she has already established seniority, his/her seniority (as defined in Article 10), that classification shall be computed by adding together time worked in both classifications. 5.3-7 For the classification in which a layoff occurs the Board shall prepare a reinstatement list which contains the names of those experiencing a layoff in reverse order of the layoff. The names of employees’ placed on the recall list will remain there for 24 months from the day of layoff. After 24 months there shall be no recall rights. 5.3-8 When vacancies occur in the classification or if no vacancy exists in classification subsequently affected of the layoff, they shall be removed within offered to employees who are not on layoff as described in the affected section on VACANCIES in this article. Vacancies that remain will be filled by reinstatement of laid off employees on the reinstatement list in reverse order of the layoff before new employees are hired in that classification. If two or more employees have identical system seniority, then The Board shall recall the employee with the highest last four digits of their social security number to vacancies in categories in which he/she has seniority. Reinstatement shall be deemed to have accepted or declined by the equivalent employee in writing within seven days of lower senioritythe mailing of the recall notice. The continued employment For purposes of any employee so removed from a position this article notice of recall shall be determined satisfied by the Board posting written notice in the following manner:U.S. Mail, postage prepaid, by registered or certified mail to the employee’s last address shown on the Board’s records. A. Once displaced from their present classification5.3-9 An employee who is recalled will have a forty-(40) working day probationary period. If the employee receives an unsatisfactory evaluation at the end of the forty-(40) day period, an employee he/she shall be demoted returned 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 reinstatement list for the remainder of his/her twenty-four (24) month period. An employee in the lower grade position based on system seniority. B. If not entitled recalled to a position under which requires a license, a certificate or a similar document will be reinstated only if he/she can produce a valid license or certificate by the above, day prior to the employee shall day the reinstatement is scheduled to 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 seniorityeffective. C. If not entitled to a 5.3-10 Nothing in this article shall prohibit the Board from filling any 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 threetemporary basis while implementing a recall.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided In the event the Superintendent, or designee, elects to reduce the number of employees in this agreementthe bargaining unit, all reductions, suspensions, removals and demotions the following procedure will be followed: 1. The number of employees needed for each classification shall be made first determined by the Employer. If there are more employees than are needed in accordance a particular classification, the employee(s) 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 lowest seniority (as defined in Article 10)i.e., total years of service 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 District within the classification series in descending order and to be reduced, 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 first 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 The laid-off employee(s) may only bump another employee with less seniority as set forth in Paragraph 8 below. 2. The Employer shall give thirty (30) calendar days notice to Employees of a pending reduction in work force, except in the event of a need to reduce the work force due to a shortage of revenues caused by a previously unannounced reduction in state or federal aid. In these latter events, the Employer shall give as much notice as possible, and in no event shall the notice be less than ten (10) days. 3. The Employer shall recall laid-off employees in the reverse order of layoff. 4. The laid-off employee shall have priority on the substitute list, according to seniority, provided he/she notified the Employer in writing of his/her intention to be available for substitute work. 5. Any employee on layoff who fails to accept recall within fifteen (15) calendar days after certified mailing of notice of recall shall be placed terminated. Acceptance of recall shall be made by certified mail. 6. A laid-off employee may continue insurance benefits by paying monthly the normal subscriber group rate premiums to the employer, as stated in Article X. A. Per COBRA provisions. 7. A reduction in staff beyond attrition may occur as a consequence of a decreased student enrollment, school closing, change in program, or shortage of revenues to the district. Such a reduction or layoff shall be effectuated in the following manner. a. Substitute employees, if any, will be laid-off before all others. 8. All Laid off employees are eligible to bump into an equal or lower pay classification based on bargaining unit seniority and qualifications. A laid off employee with seniority in another job classification within this bargaining unit will be reassigned to that classification using total years of service within the bargaining unit as the basis for determination of seniority. The in-house position moves from classification C to C-1 A laid off employee without seniority in another job classification will be reassigned based on total years of service within the bargaining unit according to the following pathway: Classification C-2 employees may bump into classification C, C-1 or D Classification A employees may bump into classification C-1 or D Classification A, B, C or C-2 employees may bump into classification C-1 B A€C-1€ D Any laid off employee classification may bump into a threenon-benefit position based on total years of seniority within the bargaining unit.

Appears in 1 contract

Sources: Master Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 18.1 A layoff shall be made defined as a necessary reduction in accordance the work force as determined by the Board. 18.2 No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee has been notified in writing at least fifteen (15) working days prior to the effective date of layoff. Such notice will not apply when layoff is necessitated by work stoppages or Acts of God. 18.3 The reduction procedure shall be individually applied within each classification as follows: A. Probationary employees shall be laid off first, provided there are more seniored employees who possess the qualifications to perform the job. B. In the event seniored employees must be laid off, layoff shall be determined by the following order: 1. The least seniored within the classification being reduced, provided there are more senior employees remaining within the classification who possess the qualifications to perform the duties of the position(s) available. 2. In the event an employee is reduced from a position and no position is available to the employee within the classifications in which the reduced employee has acquired seniority,the reduced employee shall have the opportunity to make application to any posted vacancies within the unit. Should the employee be given one of the posted positions, he/she shall retain the right to his/her job classification should a position become available forwhich he/she is qualified. 3. An employee reduced from a position in his/her present classification shall be retained athis/her request in a position in another classification in which he/she has previouslyaccumulated seniority, provided there is a less seniored employee in that classification and the reduced employee possesses the qualifications to perform the job. 18.4 Employees on layoff who are qualified shall be considered before the hiring of new employees outside the district for a vacant position in another unit classification. 18.5 When there is a vacancy, employees shall be recalled in order of greatest seniority within the classification from which they were reduced, provided the employee possesses the qualifications to perform the duties of the position to which he/she is being recalled to. In the event a tie exists, theemployee with the Rules greatest total years of service in the district shall be recalled first. In the event atie exists, it shall be broken by the last four (4) digits of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoffemployee's Social Security number, 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 w i t h the employee with the highest last four digits of their social security number shall be deemed to have having 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 most seniority. B. 18.6 Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board's records (which shall be conclusive in any disputes). A recalled employee shall notifythe Board within two (2) days after the letter is registered as arriving as to the employee's acceptance or rejection and must report to work within three (3) days after such notification, exceptions may be made by the Superintendent. The Board may fill the position on a temporarybasis until the recalled employee is to report back for work. 18.7 An employee offered his/her former position who declines recall shall forfeit his/her seniority rights. 18.8 Employees shall remain on the recall list for a period of one (1) year or the length of his/her seniority, whichever is greater, but not to exceed two (2) years. 18.9 Probationary employees have no recall rights. 18.10 Employees who have their hours reduced by one (1) hour or more shall have the right to bump the least senior employee within his/her classification occupying a position that the senior employee can properly perform and who is scheduled as many hours per week/annually. If the employee being reduced has no one to bump, then the least senior employee with the nearest number of hours in his/her classification may be bumped. Itis understood by the parties that this language does not entitled createadomino effect. Only one(1) bump will occur. The bumped employee may takethe position of the employee whose hours are reduced if that employee can properly perform the work. 18.11 The district may increase a position by up to (30) minutes per day without the need to post the position as a newly created position provided the increase does not allow the position to receive additional benefits. 18.12 Any school year bargaining unit employee who collects unemployment compensation during the summer months (MESC's "summer denial period") and who is recalled before the start of his/her normal work year to a position under with the abovesame or more hours of work, the employee shall be placed into obligated to reimburse the District the amount of unemployment compensation collected during the summer months. The District is authorized to obtain repayment through a position previously held by permanent appointment, commencing with payroll deduction of the last previously held position and shall first fill a vacancy in such classification, and if no vacancy exists, then appropriate amount inequal payments over the employee shall displace an employee in that classification based on system seniorityentire year. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except ▇. ▇▇▇▇▇▇▇ and reductions in employee hours of work shall take effect in inverse order of classification seniority within departments in the following order: 1. Newly hired probationary employees. 2. Employees working less than twenty (20) hours. 3. Employees working less than thirty (30) hours. 4. Employees working less than forty (40) hours. B. The president and executive officers of Naugatuck Non-Certified Employees Union and one (1) chief ▇▇▇▇▇▇▇ from each group (1), (2), (3) (4) and (5) as otherwise provided described in this agreement, all reductions, suspensions, removals and demotions Article I shall be made have superseniority in accordance with the Rules event of the Dayton Civil Service Commission expressly applicable a layoff. C. The Board will give two (2) weeks notice in advance of layoff to employees affected or two (2) weeks pay in lieu of such notice. D. In the EMPLOYER. For event of a layoff or the purpose elimination of an involuntary reduction as a result of layoffposition, such layoffs the affected employee shall be conducted by classification, and displacements shall be conducted based on system seniority. The have the right to bump the employee with the least System wide seniority in a classification within the department impacted, provided the employee can demonstrate acceptable job performance during a thirty (as defined in Article 10), 30) workday probationary period in the classification position. Such probationary period may be extended, at the discretion of the Board, for an additional fifteen (15) workdays. During such probation period (or extended probationary period, 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 applicable) the employee with will not have access to the highest last four digits grievance procedure. Any absences during the probationary period shall extend the thirty (30) working day probationary period (or fifteen (15) workday extended probationary period, if applicable) until the applicable number of their social security number shall be deemed to workdays have been worked by 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 seniorityposition. B. If not entitled to E. In the event of a position under the aboverecall, the employee recall 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 commence with the most scheduled hours senior laid off employees in the order of their classification seniority. Recall shall be utilized by the Board prior to any new employees being hired in the laid off employees’ classification for a period of one (1) year following the layoff of employees with more than one (1) year of service but less than eight (8) years of service with the Board in the bargaining unit and shall first fill a vacancy and if no vacancy exists then displace an employee for two (2) years following the layoff of employees with more than eight (8) years of service with the Board in such non-tested part-time classification based on system senioritythe bargaining unit. D. If an F. A laid off employee is not entitled shall respond to a position under notice of recall within seven (7) calendar days after receipt of notice sent to the above, or waives employee by registered mail to his/her last known post office address. The laid off employee must return to work within fourteen (14) calendar days from the date of acceptance of employment, unless otherwise mutually agreed upon, in writing, by the Board and the recalled employee. If such laid off employee fails to indicate acceptance within seven (7) calendar days of receipt of the notice of recall or fails to return to work within fourteen (14) calendar days of acceptance of employment, he/she shall lose all rights with respect to all positions under reemployment. It is understood for the above, said employee purposes of this Article that "receipt" shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threemean postal delivery to the employee's last known post office address.

Appears in 1 contract

Sources: Working Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions shall be made in accordance with Section 1. In the Rules event the Employer finds it necessary to lay off employees due to lack of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoffwork, such layoffs shall be conducted by classification, and displacements shall be conducted based on system senioritythe basis of the employee's Classification Seniority with the Employer. 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 classificationfirst to be laid off. Section 2. If two or more employees have identical system seniority, then the employee with the highest last four digits of their social security number Employees shall be deemed to have given fourteen (14) calendar days’ notice, if possible, in cases of layoff. Section 3. Laid off employees shall be given preference in reemployment if qualified. In the equivalent event of lower seniorityrecall, employees shall be recalled in the reverse order of the layoff. Section 4. The continued employment affected employee(s) may exercise one of any employee so removed from a position shall be determined in the following manneroptions: A. Once displaced from their present classification, an a. The employee shall be demoted to may bump 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 less senior employee in the lower grade position based on system senioritysame classification, or the employee may bump a less senior employee in their former classification if their seniority in the former classification exceeds that of the least senior employee in that classification. The employee so displaced may bump the least senior employee in the same or that employee may bump the least senior employee in their former classification if their seniority in the former classification exceeds that of the least senior employee in that classification. B. If not entitled b. The affected employee(s) may opt 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 their own or lower paid classification if, in the Employer’s opinion, they are qualified and have the ability to perform within that classification. c. Employee(s) who have been laid off or displaced shall have the right of recall to any former job classification or any other job classification for which they are minimally qualified in their own or lower pay rate. d. When work becomes available in that employee's classification from which they were laid off or displaced, they will be recalled in reverse order of their layoff or displacement. e. For the purposes of recall notification, the Employer shall notify the employee by a reliable, documented, means at the last known address supplied by the employee. Employees must notify the Employer within five (5) working days of the date the message was received of their intent to report to work after notification. Employees shall report to work within three (3) working days after indicating their willingness to be reinstated. Section 5. During the academic year, when there is a lack of work and if no vacancy existsschools are closed due to scheduled breaks, unscheduled breaks of two (2) continuous weeks or less, or where there is a limited continuation of operations of two (2) continuous weeks or less, then the employee shall displace an employee provisions of this article do not apply. In such circumstances, schools that are open will continue to be staffed by the employees regularly assigned to those schools; in schools that classification based on system seniorityare closed, those employees will not be scheduled to work. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement16.01 The Employer may reduce the workforce. When reducing the workforce or recalling employees, all reductions, suspensions, removals and demotions the same shall be made done on the basis of seniority. New employees shall not be hired until those laid off have been given an opportunity to be recalled. 16.02 The Joint Union Management Representative Workforce Committee (JUMRWC) will be assembled prior to any lay off proceedings to determine what impact, if any, these proceedings will have on the units’ representative workforce. When the (JUMRWC) determines that the proceedings will impact the units’ representative workforce in accordance a negative manner, the JUMRWC members agree to consult with their principals to discuss alternate workforce adjustment plans to ensure a representative workforce is maintained. 16.03 Employees who are laid off may exercise their seniority to retain employment by bumping junior employees providing they have the Rules necessary knowledge, skills and ability to do the job being bumped into and providing that Article 16.02 has not been enacted. Employees will have a time period of seven (7) days to decide whether they want to exercise this right. 16.04 Employees so displaced may exercise their seniority to retain employment by bumping junior employees providing they have the necessary knowledge, skills and ability to do the job being bumped into and providing that Article 16.02 has not been enacted. Employees will have a time period of seven (7) days to decide whether they want to exercise this right. 16.05 An employee who is permanently laid off shall remain an employee for one year and shall be recalled to service if a position becomes vacant for which he/she has the necessary knowledge, skills and ability. 16.06 Where an employee has been in the continuous service of the Dayton Civil Service Commission expressly applicable to employees Employer for at least three (3) consecutive months, the Employer shall not layoff the employee without giving the employee at least the following notice or pay in lieu thereof: (a) one week’s written notice where her/his period of employment is more than three months but less than one year; (b) two weeks’ written notice where her/his period of employment is one year or more but less than three years; (c) four weeks’ written notice where her/his period of employment is three years or more but less than five; (d) six weeks’ written notice where her/his period of employment is five years or more but less than ten years; (e) eight weeks’ written notice where her/his period is ten years plus. (a) When recalling employees, the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs same shall be conducted by done on the basis of seniority within an employee’s classification, and displacements shall be conducted based on system seniority. The employee with . (b) If 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 Employer recalls all available 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 still has vacancies, the Employer shall be displaced into a vacancy recall laid off employees from other classifications if they possess the necessary knowledge, skills and if no vacancy exists then displace ability to do the job. 16.08 When the Employer recalls an employee in who has been laid off; the lower grade position based on system seniority. B. Employer shall attempt to notify the employee by phone. If contact cannot entitled be made by telephone, the Employer shall notify the employee by registered letter addressed to that employee’s last known address. Employees recalled shall report to the Casino and submit availability information, as required. It is the employee’s responsibility to keep telephone and address information current. Failure to respond to a position under recall within seven (7) calendar days will constitute an end to the above, Employer – employee relationship and the employee shall will be placed into a position previously held by permanent appointment, commencing with removed from 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 seniorityrecall list. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided 7.1 When there is a reduction 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 classificationwork force, and displacements shall be conducted based on system seniority. The employee position(s) are reduced or eliminated, the employee(s) with the least System wide group seniority (as within the group where positions are to be reduced or eliminated shall be displaced and permitted to exercise department seniority to bump to a position within the group or to a position in a lower group that the employee’s department seniority will carry said employee subject to qualifications hereinafter defined in Article 10)these Articles. Should the position be restored, the person who bumped shall return to his/her position. 7.2 When reductions occur in job classifications for which there are employees in a Board- sponsored training program, then such reductions shall occur only after the classification or if no vacancy exists in classification subsequently affected trainee positions have been vacated through staff reductions. Board-sponsored training programs shall be removed within the affected classification. If two or more limited to those programs where an employee(s) have been selected and appointed to such training programs and shall not apply to employees have identical system seniority, then the who are receiving casual in-service training benefits. 7.3 When an 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 bumps from a position shall be determined in the following manner: A. Once displaced from their present classification, an employee shall be demoted higher group to a lower grade position within the classification series in descending order and shall group said employee will not be displaced into a vacancy and if no vacancy exists then displace permitted to bump an employee in the lower grade position based on system with more department seniority. B. If not entitled to a position under the above, the employee 7.4 Employees in (Article 7.8) Group 9 whose positions have been reduced or eliminated shall be placed permitted to exercise department seniority to bump into a position previously held by permanent appointmentwithin that group that their seniority will carry them. Any such bumping shall be subject to having the qualifications of the position as hereinafter defined. 7.5 Provisions for bumping as set forth in Items 7.1, commencing with the last previously held position and shall first fill a vacancy in such classification7.2, 7.3, and if no vacancy exists7.4, then of this Article shall be subject to the employee shall displace an having the ability and qualifications to perform the work of the job classification into which the employee in that classification based on system elects to bump according to seniority. C. If not entitled 7.6 An employee who elects to bump into a position under the abovenew job classification as provided in Items 7.1, the employee 7.2, 7.3, 7.4, and 7.5, of this Article shall be demoted required to serve a non-tested part-time position with ninety (90) day probationary period and will be paid the most scheduled hours and rate of the new classification except that: .61 Said rate of pay shall first fill a vacancy and if no vacancy exists then displace not be less than the rate provided for an employee after nine (9) months in such non-tested part-time classification based on system senioritysaid classification. 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

Appears in 1 contract

Sources: Master Contract

Layoff and Recall. 14.01 Except as otherwise provided in this agreement(a) In the event of lay-off, all reductions, suspensions, removals and demotions employees shall be made laid-off in the reverse order of their bargaining unit department seniority within their classification. (b) An employee given a layoff notice shall have the following options: (i) accept the lay-off, or; (ii) displace an employee who has a lower or identical paying job classification within the bargaining unit department, lesser bargaining unit department seniority and who is the least senior employee, if the employee who is subject to the layoff can perform the duties of the job classification without training other than orientation. Employees so displaced shall be laid off. (iii) In the event the laid off employee cannot bump a junior employee in accordance with (ii), the Rules laid off employee may bump a junior employee from another department in which they have previously been employed, and only to a classification in which they were previously employed and for which they are presently qualified. (c) Subject to Article 15, employees shall be recalled in the order of their seniority, where jobs become available, provided that they have the ability to perform such jobs. The Employer shall give notice of recall by registered mail to the last recorded address 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 seniorityemployee. The employee with shall keep the Employer advised at all times of his current address. The employee shall return to work within seven (7) working days from the time that he receives notice of recall unless, on reasonable grounds, he is unable to do so. (d) When employees are laid off due to reduction of racing, the Employer will give notice of lay-off to every employee affected at least System wide seniority one month prior to the first day of the lay-off. (as defined in Article 10)e) In the event of a layoff, in employees who have reached 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 normal retirement age of their social security number sixty- five (65) years shall be deemed to have the equivalent of lower seniority. The continued employment of any employee so removed from a position shall be determined least seniority in the following manner: A. Once displaced from their present classification, an employee shall be demoted to a lower grade position within bargaining unit department for administering 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 seniorityprovisions of this Article. B. If not entitled (f) Seniority shall continue to a position under accumulate during 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 senioritytemporary seasonal layoff. C. If not entitled (g) The Employer agrees to a position under the above, the employee shall be demoted to a non-tested part-time position with the most scheduled hours maintain employer paid life insurance and shall first fill a vacancy and if no vacancy exists then displace an employee in such non-tested part-time classification based AD&D while on system senioritylay off. D. If an employee is not entitled to a position under (h) In 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 laidevent of lay-off shall be placed on a threethe Employer will continue to pay its portion of all insured benefits up to the end of the month in which the lay-off occurred.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions A layoff shall be made defined as a necessary reduction in accordance with the Rules work force as determined by the Board. No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee has been notified in writing at least fifteen (15) working days prior to the effective date of layoff. Such notice will not apply when layoff is necessitated by work stoppages or Acts of God. The reduction procedure shall be individually applied within each classification as follows: Probationary employees shall be laid off first, provided there are more seniored employees who possess the qualifications to perform the job. In the event seniored employees must be laid off, layoff shall be determined by the following order: The least seniored within the classification being reduced, provided there are more senior employees remaining within the classification who possess the qualifications to perform the duties of the Dayton Civil Service Commission expressly applicable position(s) available. In the event an employee is reduced from a position and no position is available to employees the employee within the classifications in which the reduced employee has acquired seniority, the reduced employee shall have the opportunity to make application to any posted vacancies within the unit. Should the employee be given one of the EMPLOYERposted positions, he/she shall retain the right to his/her job classification should a position become available for which he/she is qualified. For the purpose of an involuntary reduction as An employee reduced from a result of layoff, such layoffs position in his/her present classification shall be conducted by classificationretained at his/her request in a position in another classification in which he/she has previously accumulated seniority, provided there is a less seniored employee in that classification and displacements the reduced employee possesses the qualifications to perform the job. Employees on layoff who are qualified shall be conducted based on system seniorityconsidered before the hiring of new employees outside the district for a vacant position in another unit classification. The When there is a vacancy, employees shall be recalled in order of greatest seniority within the classification from which they were reduced, provided the employee possesses the qualifications to perform the duties of the position to which he/she is being recalled to. In the event a tie exists, the employee with the least System wide seniority (as defined in Article 10), greatest total years of service in the classification or if no vacancy exists in classification subsequently affected district shall be removed within recalled first. In the affected classification. If two or more employees have identical system seniorityevent a tie exists, then it shall be broken by the last four (4) digits of the employee's Social Security number, with the employee with the highest last four digits number having the most seniority. Notices of their social security number recall shall be deemed sent by certified or registered mail to the last known address as shown on the Board's records (which shall be conclusive in any disputes). A recalled employee shall notify the Board within two (2) days after the letter is registered as arriving as to the employee's acceptance or rejection and must report to work within three (3) days after such notification, exceptions may be made by the Superintendent. The Board may fill the position on a temporary basis until the recalled employee is to report back for work. An employee offered his/her former position who declines recall shall forfeit his/her seniority rights. Employees shall remain on the recall list for a period of one (1) year or the length of his/her seniority, whichever is greater, but not to exceed two (2) years. Probationary employees have no recall rights. Employees who have their hours reduced by one (1) hour or more shall have the equivalent right to bump the least senior employee within his/her classification occupying a position that the senior employee can properly perform and who is scheduled as many hours per week/annually. If the employee being reduced has no one to bump, then the least senior employee with the nearest number of lower seniorityhours in his/her classification may be bumped. It is understood by the parties that this language does not create a domino effect. Only one (1) bump will occur. The continued employment bumped employee may take the position of any the employee so removed from whose hours are reduced if that employee can properly perform the work. The district may increase a position’s hours per workday, without the need to post the position shall as a newly created position, provided the increased hours do not allow the position to receive additional benefits or be determined in considered a full-time position. Full time is defined as 8 hours per day. Any school year bargaining unit employee who collects unemployment compensation during the following manner: A. Once displaced from their present classification, an employee shall be demoted to a lower grade position within summer months (MESC's "summer denial period") and who is recalled before 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 start of his/her normal work year to a position under with the abovesame or more hours of work, the employee shall be placed into obligated to reimburse the District the amount of unemployment compensation collected during the summer months. The District is authorized to obtain repayment through a position previously held by permanent appointment, commencing with payroll deduction of the last previously held position and shall first fill a vacancy appropriate amount in such classification, and if no vacancy exists, then equal payments over the employee shall displace an employee in that classification based on system seniorityentire year. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

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 laid22.01 A lay-off shall be placed defined as a reduction in the work force or a reduction in the regular hours of work as defined in this Agreement. 22.02 In the event of a layoff, employees shall be laid off in the reverse order of their bargaining unit wide seniority within their job classification. 22.03 The employee who has received notice that they will be laid off and/or bumped, has the right to either: i. Accept the layoff; ii. Opt to retire or resign; or iii. Bump an employee who has less bargaining unit seniority in the same or lower classification provided that the employee bumping is qualified and has the skills and ability to perform the work. 22.04 Part-time employees must bump employees in part-time positions and shall bump into a position of equal or fewer regularly contracted hours, provided the employee satisfies the requirements set out in Article 22.03 (iii). 22.05 An employee being laid off, wishing to bump, must notify the CEO/Chief Executive Officer five (5) working days after receiving the layoff notification of their intentions, in writing, noting the job classification/position. 22.06 If the employee is granted the position, they will be on a threetrial for sixty (60) working days. The employee has up to sixty (60) working days to determine if the position is suitable to them. If for whatever reason, the employee does not work out satisfactorily in the sixty (60) days worked trial period, then they must assume the layoff and are not eligible to bump again. 22.07 Employees shall be recalled in the order of their seniority provided in any event, the recalled employee possesses the qualifications, skills and ability to perform the work. 22.08 New employees shall not be hired until those laid off have been given an opportunity of re-call to positions for which they are qualified. 22.09 Unless legislation is more favourable to the employees, the employer shall notify employees who are to be laid off ten (10) working days prior to the effective date of the lay-off or provide pay in lieu of such notice if less than ten (10) working days’ notice is given. 22.10 Grievances concerning lay-offs and re-calls shall be initiated at Step 2 of the grievance procedure. 22.11 The union shall be notified in advance of any pending layoffs within the bargaining unit.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreementTemporary Shutdown - Should power failure, all reductionsflood, suspensionsfire, removals and demotions or other acts of God of a temporary nature make it necessary to reduce the working force, the employees affected shall be made sent home according to seniority in their classifications within their department without any bumping rights elsewhere, providing that such period shall not be longer than three (3) working days. In the event of a partial resumption of operations prior to the end of this temporary period employees shall be recalled by seniority in their classifications within their department. 14.02 Layoff for extended periods - in the event of layoff, other than in accordance with Article 14.01, 14.11 and 14.12 hereof, seniority as defined in Article 13 hereof shall determine the employees to be retained, provided there are always available employees who have the skill, ability and efficiency to do the job. 14.03 In the event of any layoff, the Union President or Office Committee Chairperson, Vice President, Recording Secretary, Secretary Treasurer and the Shop/Office Committee shall be retained within their classification and if work is not available within their classification, they shall be retained in employment so long as the Company has work providing they have the skill, ability and efficiency to do the job. 14.04 The Company shall notify the Union as soon as possible of any layoff. No employee shall be laid off pursuant to Article 14.02 without notice in accordance with the Rules provisions of the Dayton Civil Service Commission expressly applicable to employees Employment Standards Act and unless the Union has been advised at least seven (7) calendar days in advance of the EMPLOYER. For the purpose of an involuntary reduction intended layoff. 14.05 As soon as a result layoff has been announced the Company will work out the order of layoff, such layoffs layoff and will prepare and post a list of the employees to be laid off. Such list shall be conducted by classification, posted not less than four (4) working days in advance of layoff and displacements with respect to Article 14.02 the procedure for layoff shall be conducted based on system seniority. The employee with the least System wide seniority as follows: (as defined in Article 10NOTE: Office and Hourly are separate.), a) 1) Probationary employees in the classification or if no vacancy exists in classification subsequently classifications 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 first to 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-laid off. Any employee involuntarily displaced and/or laid-off shall be placed on a three;

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions shall be made in accordance with 28.01 In the Rules of event the Dayton Civil Service Commission expressly applicable Employer finds it necessary to lay off employees of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoffwhere no work is available, such layoffs shall be conducted by classificationon the basis of the employee's Classification Seniority as defined in Article 27, and displacements Section 1 with the Employer. First to be laid off in reverse order of seniority shall be conducted based on system senioritypart-time employees. 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 first to be laid off. 28.02 Employees shall be given fourteen (14) calendar days notice, if possible. 28.03 Laid off employees shall be given preference in reemployment if qualified. In the event of recall, employees shall be recalled in the reverse order of the layoff. 28.04 The affected classificationemployee(s) may exercise one of the two following options: a) Accept the lay-off; or b) Bump the least senior employee provided they have the qualifications, skills, ability and can meet the job description requirements to perform the available work with a short familiarization period. If Each employee receiving a notice of lay-off will have two (2) working days to inform management in writing of their choice of (a) or more employees (b). 28.05 Employee(s) who have identical system senioritybeen laid off or displaced shall have the right of recall to any former classification or any other job classification for which they have the qualifications, then skills, ability and can meet the job description requirements to perform the available work with a short familiarization period. When work becomes available in that employee's classification from which they were laid off or displaced, they will be recalled in reverse order of their layoff or displacement. For the purposes of recall notification the Employer shall notify 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 Registered Letter at the last previously held position and shall first fill a vacancy in such classification, and if no vacancy exists, then known address supplied by the employee shall displace an employee in that classification based on system seniority. C. If not entitled to a position under employee. Employees must notify 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 threeEmployer within five

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except (i) In the event of a layoff in excess of the balance of the shift, the following procedure shall apply: (a) Probationary employees and TPT’s will be the first laid off. (b) Employees with the least seniority will be laid off in order of their seniority. (c) Employees will be laid off on a plant-wide seniority basis. The employees to be kept on the basis of seniority must be able and willing to perform the work available. (d) Stewards shall be continued at work as otherwise long as there is work in the plant they are able to do. (ii) In the event of a layoff of the balance of the shift, the following procedure shall apply: 1. The department in which the layoff is to occur will be identified. 2. Probationary employees and TPT’s in the department will be laid off first. 3. Probationary employees and TPT’s in the other departments will be laid off next provided the remaining employees are able and willing to do the required work. 4. Thereafter, employees in this agreementthe department will be laid off in reverse order of seniority, all reductionsprovided the remaining employees are able and willing to perform the work available. 5. Stewards in the department shall be continued at work as long as there is work in the plant they are able to do. 11:02 When recalling employees who have been laid off, suspensions, removals and demotions shall recall will be made in accordance the reverse order of the layoff procedure, providing the employees eligible for recall are able and willing to perform the work which is available. Employees not able to perform their regular duties due to illness or injury, shall remain on layoff status until they are able to resume their regular duties. It will be the responsibility of the employee to notify the Company when they have recovered and are able to return. 11:03 Employees being recalled will be contacted directly at their last phone number on record with the Rules Company, failing to contact directly, employees will be contacted by registered mail at their last address on record with the Company. 11:04 Notice 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 layoff shall be conducted by classification, and displacements shall be conducted based on system seniority. The employee with the least System wide given to seniority (employees as defined soon as possible 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 advance 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 senioritylayoffs. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise ‌ In the case of layoff, temporary employees and part-time employees will be laid off first, in any order, provided the remaining employees are qualified in this agreementall respects and able to perform the remaining work. Probationary employees will be laid off next, in any order, provided the remaining seniority employees are qualified in all reductionsrespects and able to perform the remaining work. If an additional reduction in force is necessary within the classifications of APA I through APA III, suspensionsemployees will be laid off in order of seniority, removals and demotions least senior first. Attorney shall, in his discretion, select the employee to be displaced provided, however, that the determination shall not be arbitrary or capricious. The determination shall be made in accordance with the Rules based upon his assessment of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYERemployee’s skills in managing a caseload, handling serious felony cases (defined in MCL 777.65 as “Class D” and above), conducting warrant reviews, and handling complex, difficult, and/or specialized trial work. For the purpose of an involuntary reduction A senior Trial Attorney who is displaced as a result of layoff, such layoffs shall be conducted by the foregoing assessment may then bump into an APA III job classification, and displacements shall be conducted based on system seniority. The employee with Employer shall notify the least System wide seniority Union one (as defined 1) week in Article 10), advance of a layoff. The notice will contain the names of the employees to be laid off and the date of layoff. When a vacancy occurs in a classification that is equal to or lower than 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, which 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 abovewas laid off, 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 layoff with the most scheduled hours and seniority 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 be recalled first, provided the employee is qualified in all respects and able to perform the work. If the position in which the employee is recalled to is not entitled to a position under the aboveclassification in which he was laid off, or waives his/her such employee shall retain his recall rights to all positions under the above, said employee shall be laid-offoriginal position. Any employee involuntarily displaced and/or laid-off shall be placed on a threecause.‌

Appears in 1 contract

Sources: Collective Bargaining Agreement

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 17.01 A layoff for the purpose of an involuntary reduction this Agreement shall be defined as a result termination employment because of layofflack of work or because of discontinuance of a function. 17.02 Where layoffs occur in the bargaining unit, such layoffs employees shall have the rights and protections provided under the Civil Service Act and Regulations. 17.03 The parties recognize that pursuant to section 63(2) of the Public Service Labour Relations Act that when conflict occurs between the provisions of this article and the Civil Service Act, the Civil Service Act shall prevail. 17.04 In the event of a layoff and where qualifications, skills and ability are equal, layoff shall be conducted by classification, and displacements shall be conducted based on system seniority. The employee with the least System wide in reverse order of 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 within the district or region of the Department or Agency where the lack of work or discontinuance of a function has occurred. 17.05 Prior to laying off a full time, part-time or seasonal employee, the Employer shall first release a casual person, casual employee or term employee provided the employee identified for layoff has the qualifications, skills and ability to satisfactorily perform the work of the individual to be released. 17.06 Subject to Section 63(2) of the Public Service Labour Relations Act, employees shall be displaced into a vacancy recalled in the reverse order they were laid off. Recall shall be subject to the employee having the qualifications, skills and ability to perform the duties of the position. Employees laid off shall be given preference to job opportunities, prior to hiring of new persons, in other classifications if no vacancy exists then displace they are qualified, have the skills and ability to perform the work available. 17.07 For employees not covered by the provisions of the Civil Service Act: (a) Where the Employer intends to lay off an employee in the lower grade position based on system seniorityBargaining Unit, the Employer shall provide the employee with at least two (2) months notice in advance of such lay-off. B. If not entitled to a position under the above, the employee (b) Such laid off employees shall be placed into recalled to fill any positions for which they are qualified before new employees are hired to fill any positions in the Bargaining Unit. This provision is in effect for 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 period 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 threeexceed twelve

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided Extended Layoffs five days or more. When the number of employees working in this agreementa classification or department must be reduced, all reductions, suspensions, removals and demotions it shall be made done subject to the employee’s ability to perform the available work in accordance with the Rules of following manner: Displaced from Classifications (a) All probationary employees in the Dayton Civil Service Commission expressly applicable to affected classification will be reduced first. Junior 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), working in the classification or if no vacancy exists in who have been assigned to the classification subsequently affected shall will be removed within reduced from the affected classification. Exceptions will be made with mutual agreement between the Company and the Union. s If two or more additional employees have identical system seniority, then are to be reduced from the employee with the highest last four digits of their social security number affected classification it shall be deemed the junior pa employees in that classification. Employees reduced from the affected cl will be assigned to other classifications within the department. Recall to Classification Posted employees working in their department will return to their posted classification consistent with their seniority as openings become available. Displaced from Departments All probationary employees in the department will be reduced first. Junior employees working in the department who are assigned from other departments will be reduced from the department. Exceptions will be made with mutual agreement between the Company and the Union. If additional employees are to be reduced from the department, it shall be the junior employee in the department. Recall to Department Posted employees working in the Company will return to their posted department consistent with their seniority as openings become available, provided they have the equivalent of lower seniorityability to perform the available work. The continued employment of any Employees reduced from their department shall then exercise their seniority by replacing a junior employee so removed in the Company who will be laid off. Recall from a position shall Layoff Employees returning from layoff will retain their seniority rights to be determined recalled in the following manner, subject to the employee’s ability to perform the available work as openings become available: A. Once displaced Step 1 have been laid-off from their present classification, an employee shall be demoted the Company in excess of one hundred eighty consecutive calendar days from the last day worked will not retain classification or departmental recall rights but will return 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 available work in the lower grade position based on system seniorityCompany. B. If not entitled to a position under Step 2 Seniority employees who have been laid-off from the above, the employee shall be placed into a position previously held by permanent appointment, commencing with Company for less than one hundred eighty consecutive calendar days from the last previously held position day worked will return to the Company as work will retain classification 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 senioritydepartmental recall rights. C. If not entitled to a position under (a) Temporary Layoffs less than five days Layoff for balance of the above, shift no seniority rights will be exercised. In 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 event that 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 offered overtime after being laid-off shall for the balance of the shift, such overtime hours will not be placed on a threeincluded in determining compensated or available hours in respect to the eligibility requirements for Short Work Week Benefits as defined in the Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions ‌ A layoff shall be made in accordance with defined as an absence from employment imposed on any Employee by the Rules Employer due to lack of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYERwork. For the purpose purposes of this Article, the term ‘desk’ is defined as a specific Service line or department. 23.01 If layoffs are being contemplated by the Employer, then they shall advise the Union as far in advance as possible of any expected need to reduce the number of bargaining unit positions. Discussions will then take place at the Labour Management Committee to consider any alternative measures to help mitigate the impact on Employees within the bargaining unit, including voluntary layoffs. 23.02 In the event of a lay-off of a permanent or long-term nature, the Employer shall provide affected employees with the minimum notice and severance, if applicable, required by the Ontario Employment Standards Act, as amended from time to time. 23.03 Layoff shall be by Seniority, within a classification per desk identified for reductions. Layoffs shall be by reverse order of seniority within a classification per desk. Layoff procedure 23.04 In the event of any layoffs, all Probationary employees shall be laid off first. Any further reductions within any classification shall be as set out in 23.05 and 23.06. 23.05 The full-time employee (s) with the least seniority in the classification per desk affected by layoff, may choose; i) if the option is available, to convert to part-time status within their classification per desk, or to displace an involuntary reduction existing part-time employee with less seniority without loss of recall rights to a full-time position; or ii) to displace a full-time employee with less seniority, in an alternate classification per desk at the same or lower salary range, provided the employee designated for layoff has the qualifications, skill, and capacity to perform the required job with a brief familiarization period of two (2) shifts; or iii) to accept lay-off. 23.06 Part-time employees affected by a lay-off notice or as a result of layoffbumping as per 23.06 i) may choose; i) to displace a part-time employee with less seniority in a different classification per desk at the same or lower salary range, such layoffs shall be conducted by classificationprovided the employee designated for layoff has the qualifications, skill, and displacements capacity to perform the required job with a brief familiarization period of two (2) shifts; or ii) to accept lay-off. 23.07 As soon as possible after receiving a layoff notification, but no later than five (5) business days after receiving notice, the affected employee(s) shall be conducted based on system seniorityadvise the Union and the Employer, in writing, of their choice under either 23.05 or 23.06. The employee with If the least System wide seniority (as defined in Article 10Employee elects either 23.05 i), in the classification ii) or if no vacancy exists in classification subsequently affected shall be removed within the affected classification. If two or more employees have identical system seniority23.06 i), then the employee with notice shall identify the highest last four digits of their social security number position into which they wish to bump. An Employee displaced by another Employee may on the same basis displace another Employee but the second Employee so displaced shall not be deemed entitled 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 displace another Employee and shall be displaced into a vacancy and if no vacancy exists then displace an employee in the lower grade position based on system senioritylaid off. B. If not entitled 23.08 An employee who under this Article, bumps into or accepts recall to a position under the aboveat a lower rate of pay, the employee shall be placed into a paid the rate for that 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 while they remain in that classification based on system seniorityposition. 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-23.09 Employees who are laid off shall be placed on a threerecall list and shall accrue service and seniority for a maximum of twelve (12) months.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise 13.01 When the Company deems it necessary to reduce the workforce, the Company whenever possible, will attempt to give employees, five (5) working days notice of layoff. 13.02 In case of a layoff of three (3) weeks or less employees may be laid off and recalled by plant wide seniority amongst the employees in the classification within the department and shift affected provided the remaining employees have the necessary skill and ability to perform satisfactorily the work. 13.03 In case of layoffs from work for more than three (3) weeks, employees will be laid off by plant wide seniority amongst employees in this agreementthe classification within the department and shift affected, all reductionsprovided the remaining employees, suspensions, removals and demotions shall be made in accordance with the Rules of appropriate familiarization, have the Dayton Civil Service Commission expressly applicable necessary skill and ability to employees of perform satisfactorily the EMPLOYER. For the purpose of an involuntary reduction as work. 13.04 Employees affected by a result of layoff, such layoffs shall be conducted by classification, and displacements shall be conducted based on system seniority. layoff for more than three (3) may displace: a) The employee with the least System wide lowest seniority (as defined in Article 10), in the same classification or if no vacancy exists in classification subsequently affected shall be removed within and same department on any shift ; OR b) The lowest seniority employee on 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. rotating shift plant-wide; OR c) 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 lowest seniority employee in the plant. In situations where multiple employees are laid off at the same time, such employees will have their choice of available positions on the basis of seniority. Seniority employees must demonstrate the skill and ability to perform satisfactorily the new work assigned with appropriate familiarization. Employees who take a lower grade paying position based on system seniorityrather than being laid off will receive the pay rate of the lower classification. B. If not 13.05 In the case of a recall within ninety (90) calendar days of a layoff pursuant to section 13.03, employees who have been displaced by such layoff shall have a choice to go back to the job from which they were displaced. In all other cases, employees on layoff shall be recalled on the basis of seniority provided the employee has the skill and ability to perform satisfactorily the work available with appropriate familiarization. 13.06 Seniority employees who are subject to layoff are entitled to a position receive benefits under the aboveLayoff Security Plan negotiated between the Company and Human Resources Development Canada. To be eligible, employees must: (1) be eligible for E.I. benefits; and (2) be laid off solely due to temporary shortage of work. Such employees will be paid 60% of their normal weekly income, up to the E.I. maximum, to cover the two (2) week waiting period before E.I. benefits normally become available. The benefit is not payable until the employee is in receipt of E.I. benefits. Employees will be required to submit their E.I. benefit stub to the Human Resources Department to verify receipt of E.I. benefits. The administration of this plan shall be governed solely by the summary document approved by Human Resources Development Canada and it is hereby understood that in case of any inconsistency between the summary document and this Agreement, the employee summary document 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 seniorityprevail. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 7.1 A layoff shall be made defined as a reduction in the workforce or a reduction in the regular hours of work of an employee. Ten (10) month employees who are laid off during July and August will not be eligible to bump twelve (12) month employees during July and August. 7.2 Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, an employee about to be laid off may bump a less senior employee from their seniority list, in an equal or lesser classification providing that the employee exercising the right is qualified and able to perform the work of the less senior employee. An employee receiving notice of layoff must indicate in writing within five (5) working days (inclusive of July and August and exclusive of shutdown) that he/she wishes to accept the layoff or bump another employee and name the employee to be bumped. Displacement will occur according to Article 6 to minimize program disruption. 7.3 Unless legislation is more favourable to the employee(s), thirty (30) calendar days' notice of layoff shall be given. Should it not be possible to provide work during the thirty (30) days, the laid off employee(s) shall be paid their regular rate of pay for the days they would normally have worked during the thirty (30) calendar days. 7.4 Should a position become vacant or a new position be created while an employee is on layoff, the Employer will post the position through the normal job posting procedure. The vacancy that arises due to the filling of the initial vacancy will be subject to recall. 7.5 New employees shall not be hired until laid off employees have been given an opportunity of recall. This does not prevent the employer from adding to the list of temporary employees. 7.6 Employees qualifying for recall shall be recalled in order of their seniority (at the time of layoff) provided they have the qualifications and ability to perform the work available. 7.7 When an employee is offered reasonable recall to an equivalent permanent position, the employee’s name shall be removed from the recall list. The employee will not have any further opportunity for recall but is able to apply for posted vacancies and participate in the job fair during the twenty-four (24) months following layoff.. Notification of recall to work shall be by priority post to the last known address of the employee that has been filed with Human Resources Services by the employee. 7.8 It shall be the duty of the employee to notify the Board promptly of any change of address. If the employee should fail to do so, the Board shall not be responsible for failure of official notices to reach the employee. 7.9 Employees who are not offered permanent positions will remain on layoff for up to twenty-four (24) consecutive months. After twenty-four (24) consecutive months of layoff, seniority and all other rights shall cease and employment shall be considered terminated. 7.10 Temporary/Casual Positions While on Layoff - Temporary/casual positions that become available while employee(s) are on layoff will be offered to qualified laid off employees. The employer shall make all reasonable efforts to assign temporary positions in order of seniority. Acceptance of a Temporary/Casual position while on layoff will not affect the permanent status of the employee(s) or rights pursuant to the layoff and recall article of the collective agreement. Laid off employee(s) will accumulate seniority while working as a Temporary/Casual employee and will receive the wage rate of the permanent position. The employee will also receive vacation pay as a percentage of earnings in accordance with the Rules collective agreement but will receive holiday pay as per the Employment Standards Act. 7.11 Any Grievance concerning layoff and recall shall be initiated at Step 2 of the Dayton Civil Service Commission expressly applicable Grievance Procedure. 7.12 Employees who are laid off during the months of July and August and have an expected date of return in September, shall be provided with continued benefit coverage as described in this Collective Agreement. 7.13 Subject to eligibility requirements as specified by the carriers, employees on lay-off and eligible for recall, shall be entitled to continued participation in the group extended health, dental benefit and life insurance plans to which he/she belongs at the time of layoff for a maximum of up to two (2) years from date of layoff. Such employee must pay 100% of the EMPLOYER. For premium costs by pre-authorized debit. 7.14 Laid off employees engaged in alternate employment and who are recalled shall be permitted to give their current employer reasonable notice of termination to accept the purpose recall. 7.15 The Union Executive Members will still be recognized by the Employer even when laid off. 7.16 The parties agree to meet as far in advance as possible of an involuntary reduction any layoff, r restructuring, downsizing to explore all options/alternatives to layoffs. 7.17 It is agreed that no permanent employee will be laid off as a direct result of layoffthe use of volunteers, such layoffs shall be conducted by classificationco-operative education students, and displacements shall be conducted based on system seniorityparents or other persons. The employee Board will meet with the least System wide seniority (as defined Union to discuss parental and community involvement 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 seniorityschools. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement13.01 In the event of a lay-off or staffing realignment, all reductions, suspensions, removals temporary agency employees and demotions probationary employees shall be made in accordance with laid off first, provided that the Rules remaining employees have the skill, ability and qualifications to meet the normal requirements of the Dayton Civil Service Commission expressly applicable remaining work to employees be done. 13.02 If further lay-offs are necessary then: 1. Employee(s) within the job classification of the EMPLOYERaffected department shall be laid off in reverse order of seniority. 2. For Those displaced employee(s) from within the purpose classification wishing to exercise their bumping rights shall first claim the job of a less senior employee in another department in a classification level of equal pay rate e.g. "material handler" displacing "driver". 3. If the displaced employee(s) is unable to displace an involuntary reduction employee in their classification or a classification of equal pay rate on their shift in any department then such employee may displace the junior employee in a classification pay rate level below that which they held. 4. Employees not having seniority to stay on their shift or not wishing to bump to a lower rate may bump the most junior person in their department and classification on another shift providing they have the seniority. 5. Employees not having seniority to displace anyone in their department may displace the most junior employee in a classification of equal or lower rate in any department or shift providing they have seniority. 13.03 The above lay off procedure is subject to the following criteria: 1. That the employee(s) claiming such other job has the skill, ability and qualifications to meet the normal requirements of the work to be done without training. The displacing employee will be afforded a three (3) days familiarization period only. 2. In the event of a permanent layoff (no recall date), the displacing employee will be afforded five (5) days of training only for those positions above Associate 2. 13.04 Employees on lay-off will have their name recorded on a callback listing for an amount of time equal to their length of service up to a maximum of two (2) consecutive years, prior to lay-off. Employees will be recalled in order of seniority provided they may immediately meet the requirements of the work to be done. In the event an employee declines a recall to the classification from which they held his/her name will be removed from the callback listing. 13.05 Temporary lay-offs, for up to five (5) regularly scheduled working days, for example, when a customer shuts down for a short period, or when there is a machinery breakdown, may be issued first from those employees volunteering to take the layoff, then by reverse seniority within the classification in the department and on the shift where such layoff exists. Full-time employees may use their seniority to work in other departments and shifts/or during temporary layoffs, as per language above provided they and have the skill and ability to do so. Any remaining vacancies as a result of full-time employees failing to successfully qualify and/or elect to take a voluntary layoff, such layoffs shall it will 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 offered 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 threetemporary employees

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise 20.01 In all cases of layoff reasonably anticipated to exceed one working day and recalls after such layoff, seniority shall govern, provided in this agreement, all reductions, suspensions, removals the employee(s) concerned have the required skill and demotions shall be made in accordance capability. The Company agrees to meet with the Rules Union prior to finalizing any permanent work force reductions. The Company will give due consideration to any Union input on alternative measures that may be taken, while balancing the needs of the Dayton Civil Service Commission expressly applicable Company. 20.02 Bumping provisions are allowed based on the following: a) The Company will meet with the Union Chairperson and indicate the number of jobs and employees which will be affected. b) The employee(s) who are identified will have the options available by seniority to bump any junior employee in the plant provided they are able to perform the required tasks. A two week training period will be provided. c) The employee(s) affected by this process will then have the same options above available. This procedure will be followed until all affected employees have been given their choices above and placed according to this clause. d) Employees going to a position with a different rate of pay will have their pay adjusted accordingly. e) Positions deemed as accommodations by mutual agreement between the Company and Union Plant Committee will not have these positions listed as bumping options for more senior employee unless employees are being displaced to the street. In the event of an increase in the workforce, the following procedure will be followed: Employees at work, who were reduced from their posted jobs during the reduction, will be offered the following options in order of seniority: (i) To return to their previously held job if available. (ii) To refuse recall to their previously held job. After all displaced employees have been given their options in (i) or (ii) above; the Company will post any available jobs as per Article 16.01 of the EMPLOYERcollective agreement. For After the purpose postings have been filled, employees will be returned to work in order 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 recalled employee will be provided with the least System wide jobs and shifts that are available in order to allow them to choose in order of seniority (as defined in Article 10), in the classification or if no vacancy exists in classification subsequently affected shall available job and shift of their choice. This process will be removed within followed until all available jobs have been filled. In the affected classification. If two or more employees have identical system seniority, then the event of a recall an employee on layoff will be provided with the highest last four digits option to refuse said recall without losing any rights contained in this agreement should the recall be for less than a twenty-eight (28) calendar day period. In the event of their social security number shall be deemed a dispute regarding the employee’s ability to have perform the equivalent of lower seniority. The continued employment of any employee so removed from available work on 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 abovelayoff or recall, the employee will be provided a two week evaluation period to determine ability to successfully do the job. If the above mentioned individual is unable to demonstrate ability to do the job, he/she will return to layoff and the incumbent reinstated subject to the grievance procedure. 20.03 In the application of 20.02, the Company shall be placed into a position previously held by permanent appointmentthe judge, commencing with the last previously held position and shall first fill a vacancy in such classificationprovided however, and that if no vacancy exists, then the employee shall displace an employee in believes 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 proper consideration of his/her rights ability has not been given, he/she may file a grievance. “Able to all positions under perform” is interpreted to mean the above, said employee shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threeemployee’s ability to perform the duties of his/her position after proper training period.

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided In the event of a reduction in this agreementthe number of employees in the plant, all reductions, suspensions, removals and demotions the employees to be laid off shall be made given five (5) working days notice of layoff except in accordance with circumstances which are beyond the Rules control of the Dayton Civil Service Commission expressly applicable Company, in which case the employees shall be given two (2) working days notice of layoff. The names of these employees shall be given in writing to employees the Plant Chairperson., Normal fluctuations in customer demands are not considered as beyond the control of the EMPLOYERCompany. 14.02 Layoffs shall be carried out as follows: a) Employees having greater amount of seniority shall be retained at work over employees having lesser amounts of seniority, provided they are willing and able and have the skill and ability to perform the work. 14.03 Any employee affected by a reduction in the workforce, may exercise their seniority rights by notification to supervision of the classifications that they are wanting to be recalled to (without training) within three (3) days. For Notice shall be in duplicate on forms supplied by the purpose Company and signed by the employee and supervision. Employee will have no recall rights to downsized classification if, they have exercised this right to bump. 14.04 Any employee who is transferred to another job because of a layoff shall be paid the applicable job rate while so employed. 14.05 Notwithstanding their seniority status, the Plant Committee in the event of a layoff, shall continue at work as long as work is available in the Company, for which they are willing and able and have the skill and ability to perform the work. 14.06 In the event that there is an increase in the workforce after a layoff, the Plant Committee shall be first to be recalled, as work is available in the Company which they are willing and able and have the skill and ability to perform the work. 14.07 Where a dispute arises regarding an employee being able to do the work available, he shall be given an opportunity to perform the job for a reasonable period not to exceed five (5) working days, unless his performance indicates injury or damage possibilities. 14.08 In the event 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), increase in the classification or if no vacancy exists in classification subsequently affected shall be removed within workforce, the affected classification. If two or more employees have identical system seniority, then Company agrees to call the most senior employee with on the highest last four digits of their social security number shall be deemed seniority list to have do 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 senioritywork available. B. If not entitled to 14.09 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 laid off out of classification and then utilized in that classification for a position under period of five (5) consecutive days, he will immediately be reinstated back into 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-classification he was laid off shall be placed on a threefrom.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided Comment [LY5]: Match line per discussion 6/17/13. Comment [LY4]: Match line per discussion 6/17/13. Comment [LY3]: Match Line contract. 9.1 In the event of a layoff or reduction in this agreementpersonnel by the Employer, all reductions, suspensions, removals and demotions shall employees will be made laid off by classification in accordance with the Rules reverse order of the Dayton Civil Service Commission expressly applicable to their senioritythe 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 lowest rank within a classification or if no vacancy exists will be laid off in classification subsequently affected shall be removed within the affected classification. If two or more employees have identical system inverse order of their seniority, then provided that the employee with remaining employees can perform the highest last four digits work in a satisfactory manner as determined by the Sheriff. In the event of their social security number shall be deemed to have the equivalent a layoff 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 aboveCorrections Sergeant classification, the employee Sergeant shall be placed into a position previously held by permanent appointment, commencing with able to bump the last previously held position and shall first fill least senior Corrections Officer. In the event of a vacancy in such classificationthe departmentSheriff’s Office, an employee who has been laid off will have the first opportunity to fill said vacancy or vacancies in the order of their seniority in that position, of personnel, so long as they meet the qualifications of the position. The last employee laid off will be the first person recalled. Recall rights are valid for the period twelve (12) months following the layoff or reduction in personnel. Notification of eligibility shall be by registered or certified mail to the employee's last known address. within the twelve (12) months following the layoff or reduction in personnel. An employee shall have fourteen (14) calendar days from the date of mailing to give notice of accepting or rejecting re-employment, 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 back on the job within fourteen (14) calendar days of accepting said offer or forfeit all call-back rights under this article. Failure 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 aboverespond, or waives his/her rights to all positions under rejection of re-employment, will result in removal from the above, said employee shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threerecall list.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions ‌‌‌ This section shall be made implemented in accordance with the Rules of the Dayton applicable State Universities Civil Service Commission expressly applicable System Rules regarding Lay-Off (Rule 250.110c) and Seniority (Rule 250.120). Bargaining unit employees in non-continuing positions shall be laid off prior to employees of the EMPLOYER. For the purpose layoff of an involuntary reduction as employee in a result of layoffcontinuing position. Non-continuing bargaining unit positions include, but are not limited to temporary extra help. Should the University require extra help work within a bargaining unit classification in which employees are on layoff status, such layoffs extra help work shall be conducted by classification, and displacements offered to those laid-off employees in descending seniority order. Such employees shall be conducted based on system seniority. The employee compensated at the regular rate for the classification consistent with the least System wide employee’s wage rate at the time of original layoff. A laid-off employee shall maintain recall rights for a minimum of twelve (12) months following a layoff or the length of time equivalent to the employee’s seniority (as defined in Article 10), in the classification or if no vacancy exists in classification subsequently affected shall be removed within from which the affected classificationemployee was laid off up to a maximum of three (3) years. If two a laid-off employee (or in order for an employee to avoid layoff) selects to take an open position in a lower paid classification which they had previously held, the employee’s base pay rate will not be reduced. If a laid-off employee (or in order for an employee to avoid layoff) selects to take an open position in a lower paid classification for which they are qualified, the employee’s base pay rate will remain unchanged unless the new classification is more employees have identical system seniority, then than three (3) grades below the grade from which the employee with is being laid off. If the highest last four digits of their social security number shall be deemed employee selects to have the equivalent of lower seniority. The continued employment of any employee so removed from take 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 aboveexcess of three (3) grades lower, the employee shall will be placed into a position previously held by permanent appointment, commencing with paid at 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 employee’s previous rate for 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 abovegrade, or waives his/her rights to all positions under the abovetop of the range of the new rate, said employee whichever is lower. The University shall be laid-off. Any employee involuntarily displaced and/or laid-off shall be placed on a threenotify the Union and the affected employees at least thirty

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions A. The Union shall be made notified in advance of any anticipated layoff to allow time to work closely with the employer, and a special conference may be called. B. If it is necessary to reduce the work force, the following procedure will be followed: 1. Whenever possible employees being laid off shall be given at least fourteen (14) calendar days notice of layoff. In cases of emergency no less than seven (7) calendar days notice of layoff shall be given. The Employer shall furnish a copy of such notice to the Union immediately. 2. Temporary and substitute employees shall be laid off first. 3. Seniority employees serving trial periods in the classification being reduced shall be laid off in order of their date of entry into the classification and shall be reduced to their permanent classification, seniority permitting, employees who “bump” other employees as set forth below, will be paid the rate of pay established for the new job taken by the employee. 4. Seniority employees who have completed the trial period for the classification being reduced, shall be laid off in order of their Court seniority and may elect to displace lower seniority employees in the same classification in another section of the Court, provided however, that a greater seniority employee shall not displace a lesser seniority employee from a position unless he/she is able to perform the work of that position. 5. Seniority employees who have completed the trial period for the classification which is being reduced and which is part of a promotional series as hereinafter provided may, if laid off, elect to displace lower seniority employees. Employee shall not displace a lesser seniority employee from a position unless he/she is able to perform the work of that position. 6. An employee who cannot be placed in another position in his classification or in his classification series in accordance with the Rules above procedure may elect to displace a lower seniority employee in an equal or lower paying classification in his own department, or if none, in another department, provided, however, that a greater seniority employee shall not displace a lesser seniority employee from a position unless he/she is able to perform the work of that position. It shall be presumed that an employee who passes his/her probationary period in another classification is able to perform the work of that classification. An employee may displace a lower seniority employee in a higher paying classification if the bumping employee has previously performed work in a higher classification and is able to perform the work of the Dayton Civil Service Commission expressly applicable higher classification without a trial period. 7. Employees who are laid off from their permanent classification in accordance with the above procedure shall have their names listed on a re-employment list for that classification in order of their seniority. 8. Employees who desire to “bump” other employees as set forth above rather than take a layoff, must notify the Employer within twenty-eight (28) hours of the EMPLOYER. For the purpose of an involuntary reduction as a result notification 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 desire to have the equivalent bump in lieu 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 senioritylayoff. 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

Appears in 1 contract

Sources: Labor Agreement

Layoff and Recall. 14.01 Except as otherwise provided In the event of the Hospital shall lay offemployees in this agreementthe reverse order of their seniority within their classification, all reductions, suspensions, removals providing that there remain on the job employees who then have the ability to perform the work. An who is subject to layoff shall have the right to either: Accept the layoff;or displace an employee who has lesser bargaining unit seniority and demotions who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee subject to layoff perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be made in accordance with laid Note: An identical paying classification shall include any classification where the Rules straight time hourly wage rate at the level of service corresponding to that of the Dayton Civil Service Commission expressly applicable to employees laid-off employee is within of the EMPLOYERlaid-off employee's straight time hourly wage rate. For In 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 event that there are no with the least System wide lesser seniority (in lower or identical paying classifications as defined in Article 10)this article, a laid-off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the classification or if no vacancy exists in classification subsequently affected straight time hourly rate at the level of service corresponding to that of the laid-off employee is within of the employee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so displaced shall be removed within the affected classification. If two or more employees have identical system seniority, then laid off The decision of the employee with to choose or above shall be given in writing to the highest last four digits designated hospital representative within ten (10) working days (excluding Saturday, Sunday and Holidays) following the notification of their social security number shall lay-off Employees failing to do so will be deemed to have accepted lay-off An employee shall have the equivalent opportunity of lower recall a layoff to an available opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The continued employment of any employee so removed from a position shall be determined posting procedure in the following manner: A. Once displaced from their present classification, Collective Agreement shall not apply until the recall process has been completed. In determining the of 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 work for the lower grade position based on system seniority. B. If not entitled to a position under the purposes of paragraphs above, the employee Hospital shall be placed into a position previously held by permanent appointment, commencing with the last previously held position and shall first fill a vacancy not act in such classification, and if no vacancy exists, then the employee shall displace an employee in that classification based on system seniorityarbitrary or unfair manner. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 7.1 A layoff shall be made defined as a reduction in the workforce or a reduction in the regular hours of work of an employee. Ten (10) month employees who are laid off during July and August will not be eligible to bump twelve (12) month employees during July and August. 7.2 Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, an employee about to be laid off may bump a less senior employee in an equal or lesser classification providing that the employee exercising the right is qualified and able to perform the work of the less senior employee. An employee receiving notice of layoff must indicate in writing within five (5) working days (inclusive of July and August and exclusive of shutdown) that he/she wishes to accept the layoff or bump another employee and name the employee to be bumped. Displacement will occur according to Article 6 to minimize program disruption. 7.3 Unless legislation is more favourable to the employee(s), thirty (30) calendar 7.4 Should a position become vacant or a new position be created while an employee is on layoff, the Employer will post the position through the normal job posting procedure. The vacancy that arises due to the filling of the initial vacancy will be subject to recall. 7.5 New employees shall not be hired until laid off employees have been given an opportunity of recall. This does not prevent the employer from adding to the list of temporary employees. 7.6 Employees qualifying for recall shall be recalled in order of their seniority (at the time of layoff) provided they have the qualifications and ability to perform the work available. 7.7 When an employee is offered reasonable recall to an equivalent permanent position, the employee’s name shall be removed from the layoff list. The employee will not have any further opportunity for recall but is able to apply for posted vacancies and participate in the job fair during the twenty-four (24) months followi ng layoff.. Notification of recall to work shall be by priority post to the last known address of the employee that has been filed with Human Resources Services by the employee. 7.8 It shall be the duty of the employee to notify the Board promptly of any change of address. If the employee should fail to do so, the Board shall not be responsible for failure of official notices to reach the employee. 7.9 Employees who are not offered permanent positions will remain on layoff for up to twenty-four (24) consecutive months. After twenty-four (24) consecutive months of layoff, seniority and all other rights shall cease and employment shall be considered terminated. 7.10 Temporary/Casual Positions While on Layoff - Temporary/casual positions that become available while employee(s) are on layoff will be offered to qualified laid off employees. The employer shall make all reasonable efforts to assign temporary positions in order of seniority. Acceptance of a Temporary/Casual position while on layoff will not affect the permanent status of the employee(s) or rights pursuant to the layoff and recall article of the collective agreement. Laid off employee(s) will accumulate seniority while working as a Temporary/Casual employee and will receive the wage rate of the permanent position. The employee will also receive vacation pay as a percentage of earnings in accordance with the Rules collective agreement but will receive holiday pay as per the Employment Standards Act. 7.11 Any Grievance concerning layoff and recall shall be initiated at Step 2 of the Dayton Civil Service Commission expressly applicable Grievance Procedure. 7.12 Employees who are laid off during the months of July and August and have an expected date of return in September, shall be provided with continued benefit coverage as described in this Collective A greement. 7.13 Subject to eligibility requirements as specified by the carriers, employees on lay- off and eligible for recall, shall be entitled to continued participation in the group extended health, dental benefit and life insurance plans to which he/she belongs at the time of layoff for a maximum of up to two (2) years from date of layoff. Such employee must pay 100% of the EMPLOYER. For the purpose of an involuntary reduction as a result of layoff, such layoffs premium costs by pre-authorized debit. 7.14 Laid off employees engaged in alternate employment and who are recalled shall be conducted by classification, and displacements shall be conducted based on system seniority. The employee with permitted to give their current employer reasonable notice of termination to accept 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 seniorityrecall. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement17.01 In the event of a layoff, all reductions, suspensions, removals and demotions employees shall be made laid off in accordance reverse order of seniority in her/his classification. An employee subject to layoff from one classification may displace an employee in another job classification provided that the employee with the Rules greater seniority has the ability and qualifications to perform the job of the Dayton Civil Service Commission expressly applicable employee with less seniority. In applying the foregoing, the employee with the greater seniority may displace more than one part-time employee in order to employees preserve the time allocation of the EMPLOYERemployee with the greater seniority. 17.02 When employees are recalled, the employee with the most seniority shall be recalled first provided that the employee has the qualifications and ability to perform the work of the available position. For If an employee is recalled to a different classification and/or time allocation, she/he shall, subject to seniority, retain the purpose of right for twenty-four (24) months to return to her/his former classification and/or time allocation. In effecting recalls, no employee shall be recalled to a location outside a forty (40) kilometre radius from the employee’s ‘home school’, except by mutual consent. ‘Home school’ shall be defined as the school in the system that is nearest to an involuntary reduction employee’s residence. 17.03 Subject to 17.02, no new employee shall be hired until all persons on layoff have been given an opportunity for recall. 17.04 The Board agrees that no employee shall be laid off or have his or her employment terminated as a result of layoffcontracting out work. 17.05 In applying Article 17, such layoffs there shall be conducted by no bumping up. Bumping up shall mean an increase of more than twenty percent (20%) in hours or a change to a higher classification. 17.06 Recall of Educational Assistants, Child 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 Youth Workers and Library Resource Technicians to have the equivalent of lower seniority. The continued employment of any employee so removed from a position shall be determined in fill existing positions for the following manner: A. Once displaced from their present classification, an employee shall school year will 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 senioritycompleted by June 15th. B. If not entitled 17.07 Educational Assistants shall receive a Re-employment Form by June 1 of each year for the purpose of indicating an intent to a position under return to the above, board for 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 seniorityfollowing school year. 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

Appears in 1 contract

Sources: Collective Agreement

Layoff and Recall. 14.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions 16.01 The Union shall be made notified as far in advance as possible of the names of any Employee(s) who are slated for layoff and the expected duration or that the layoff is indefinite. 16.02 In all cases of a recall from layoff, senior Employees shall be given preference to the job classification held by the Employee at the time of layoff, so long as the Employee(s) has the skill and ability to do the work. 16.03 The Department and the classification within such Department wherein the layoff is to occur will be identified. 16.04 Probationary Employee who are employed in such classification will be laid off first, and shall have no right of recall. 16.05 An employee whose position is eliminated may exercise her seniority rights to bump an employee in her classification, wherever her seniority permits, by displacing the least senior employee in the same classification, and of the same status (FT or PT) provided she possesses the qualifications, skill and ability to immediately perform the work. (a) A laid off employee who does not have the opportunity to bump within her classification and status may, if she is a Full Time employee, bump a less senior Part Time employee in the same classification as her own provided she possesses the qualifications, skill and ability to immediately perform the work. The “bumped” Part Time employee may in turn bump the least senior Part Time employee in the same classification as her own, provided she possesses the qualifications, skill and ability to immediately perform the work. The bumped least senior Part Time employee shall not have any further bumping rights and shall be subject to layoff. (b) A laid off Full Time employee who does not elect to bump a less senior Part Time employee in the same classification in accordance with paragraph (a) above, may elect to exercise bumping rights in another classification by bumping the Rules least senior employee in an equal or lower paying classification, (FT or PT) provided she possesses the qualifications, skill and ability to immediately perform the work. If the “bumped” employee is a Full Time employee, she shall have the right to bump the least senior Part Time employee in the same classification. 16.06 Employees exercising bumping rights will be paid the hourly rate of the Dayton Civil Service Commission expressly applicable classification to employees which they have bumped. 16.07 Employees shall be recalled to the classification they held at the time of the EMPLOYER. For layoff in the purpose of an involuntary reduction as a result reverse order of layoff, provided that such layoffs employee(s) are qualified, able and willing to perform the work which is then available without training. Employees shall be conducted recalled in writing, delivered personally or by classification, and displacements registered mail to the last recorded address of the employee shown on the seniority list or on the payroll of the Employer. It is the responsibility of the Employee to ensure that the Employer has the correct address on file. A copy of the notice shall also be provided to the Chief ▇▇▇▇▇▇▇. 16.08 No new employee(s) shall be conducted based hired into the Bargaining Unit when employees are 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 layoff who have the equivalent immediate skill, qualifications and ability of lower seniority. The continued employment of any employee so removed from performing the required work and who have indicated a position shall be determined in the following manner: A. Once displaced from their present classification, an employee shall be demoted willingness 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 senioritydo so. B. If not entitled 16.09 The Employer shall continue to a position under provide their share of the above, Health & Welfare Plans contained in this Agreement for laid off employees for the employee shall be placed into a position previously held by permanent appointment, commencing with balance of the last previously held position and shall first fill a vacancy in month that 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-laid off. Any employee involuntarily displaced and/or laid-off shall be placed on a three.

Appears in 1 contract

Sources: Collective Agreement