Common use of LAYOFF, RECALL AND SEVERANCE Clause in Contracts

LAYOFF, RECALL AND SEVERANCE. 27.01 Where, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee in writing at least fourteen (14) calendar days prior to the date of layoff, except that the fourteen (14) calendar days notice shall not apply where layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer. Where the layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer, the fourteen (14) calendar days notice is not required. Employees will be laid off in reverse order of seniority provided that the remaining Employees have the skills, training, knowledge and ability to perform the work. No full time employee within the bargaining unit shall be laid off by reason of her/his duties being assigned to one or more part time employees. In the case of a layoff, the Employer will: (i) Advise the Union, in advance, of the need to reduce hours or the number of Employees. (ii) Meet with the Union to discuss ways to mitigate the effects of the layoff, including the possibility of voluntary layoff or other solutions. (iii) During the above meeting the Employer and Union will agree to a process to be used during the layoff. Step 1 Discuss proposed layoff procedure with Union Representative. Step 2 Provide Union with bi-weekly reductions of hours per classification. Step 3 Provide the Union with revised blank schedules (of classifications that are directly affected or could be affected). Any concerns with proposed schedules are reviewed and discussed. Step 4 Provide the Union with an updated Seniority List. Step 5 Employees are informed of the reductions and explained the layoff process. Step 6 Management and the Union will set a date for employees to pick their position. Employees will be scheduled in appropriate time intervals in accordance with the updated seniority list (most senior first) in order to allow the employee sufficient time to make their choice. Employees will be entitled to either indicate their choice using the procedure above or accept the layoff. Both management and union representatives will be present at the meeting. The employees will also have the choice of coming in or providing a number where they can be reached at their set time. Employees put their name down on any available position (providing qualified). Step 7 - Employees with no available positions would receive their required working notice period or pay in lieu of notice.

Appears in 1 contract

Sources: Collective Agreement

LAYOFF, RECALL AND SEVERANCE. 27.01 Where, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee 40.01 The Union shall be advised in writing at least fourteen one hundred and twenty (14120) calendar days prior to in advance of any reductions in the date of layoffindeterminate workforce, except that the fourteen (14) calendar days notice shall not apply where layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of planned by the Employer. The notice will outline the reasons for the workforce reductions, the location and number of employees affected. The parties will, through the consultation process, review possible alternatives to the workforce reduction (including voluntary layoffs) and on the support to be provided to the affected employees and on the application of this Article. 40.02 The Employer may offer voluntary early retirement or a separation incentive (“lump sum” buy out for voluntary lay-off) to any employee. Where the layoff results from Employer meets with an act employee to advise them of God or emergency such as fire or flood or any other circumstances beyond the control of the Employeropportunities, the fourteen (14) calendar days notice employee may request and be represented by an Alliance representative. 40.03 There shall be no temporary or permanent layoff of any indeterminate employee, who is not required. Employees will employed in the bargaining unit provided the employee agrees to be laid off assigned or appointed to another vacant position in reverse order of seniority accordance with this Article, and provided that the remaining Employees have employee can establish that he/she has the skills, training, knowledge and ability to perform the work. No full time job within a reasonable timeframe for on the job training. 40.04 An indeterminate employee who could be affected by a reduction in the workforce shall be offered assignment or appointment to any vacant position at the same classification level within the bargaining unit providing the employee can establish that he or she has the ability to perform the job. The employee will be provided a reasonable timeframe for training to become qualified. If an employee refuses an assignment or appointment to a position at the same classification level within the bargaining unit he/she shall be laid off with recall rights as provided for in this article. 40.05 Affected employees will not be required to accept a position at any other business unit operated by reason of her/his duties being ATCO Structures & Logistics, unless they request such a transfer. 40.06 Should there be no vacant position available in 40.04 above, an employee may be assigned to one or more part time employees. In the case a vacant position of a layoff, lower classification level in the Employer will: bargaining units providing the employee can establish that he or she has the ability to perform the job. The employee will be provided a reasonable timeframe for training to become qualified. The employee will have priority rights to return to a position at the same classification level as his/her former position. If an employee accepts an assignment to a lower classification level with a lower maximum rate of pay that employee shall be salary protected (i) Advise at the Union, rate of pay provided for his/her former position). Should an employee subsequently refuse an appointment to a position at the same classification level as his/her former position that employee will lose the benefit of being salary protected on the following pay period and will be appointed to the lower classification level position to which he/she had been assigned. If an employee refuses an assignment to a position at a lower classification level within the bargaining unit he/she shall be laid off with recall rights as provided for in advance, of the need to reduce hours or the number of Employeesthis article. (iia) Meet with the Union Employees subject to discuss ways to mitigate the effects layoff will be notified sixty (60) days in advance of the layoff, including the possibility of voluntary their layoff or other solutionsdate. (iiib) During this period those employees will be granted reasonable leave with pay for the above meeting purpose of being interviewed and examined by a prospective employer and to such additional leave with pay as the Employer and Union will agree to a process employer considers reasonable for related travel. (c) Employees to be used during the layoff. Step 1 Discuss proposed layoff procedure with Union Representative. Step 2 Provide Union with bi-weekly reductions of hours per classification. Step 3 Provide the Union with revised blank schedules (of classifications that are directly affected or could be affected). Any concerns with proposed schedules are reviewed and discussed. Step 4 Provide the Union with an updated Seniority List. Step 5 Employees are informed of the reductions and explained the layoff process. Step 6 Management and the Union will set a date for employees to pick their position. Employees will be scheduled in appropriate time intervals in accordance with the updated seniority list (most senior first) in order to allow the employee sufficient time to make their choice. Employees will be entitled to either indicate their choice using the procedure above or accept the layoff. Both management and union representatives will be present at the meeting. The employees laid off will also have be provided with a job search assistance program coordinated by the choice of coming in or providing a number where they can be reached at their set time. Employees put their name down on any available position (providing qualified). Step 7 - Employees with no available positions would receive their required working notice period or pay in lieu of noticeHuman Resources Department.

Appears in 1 contract

Sources: Collective Bargaining Agreement

LAYOFF, RECALL AND SEVERANCE. 27.01 24.01 Where, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee in writing at least fourteen (14) calendar days prior to the date of layoff, except that the fourteen (14) calendar days days’ notice shall not apply where layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer. Where the layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer, the fourteen (14) calendar days days’ notice is not required. Employees will be laid off in reverse order of seniority provided that the remaining Employees have the skills, training, knowledge and ability to perform the work. No full time employee Employee within the bargaining unit shall be laid off by reason of her/his their duties being assigned to one or more part time employeesEmployees. In the case of a layoff, the Employer will: (i) Advise the Union, in advance, of the need to reduce hours or the number of Employees. (ii) Meet with the Union to discuss ways to mitigate the effects of the layoff, including the possibility of voluntary layoff or other solutions. (iii) During the above meeting the Employer and Union will agree to a process to be used during the layoff. Step 1 Discuss proposed layoff procedure with Union Representative. Step 2 Provide Union with bi-weekly reductions of hours per classification. Step 3 Provide the Union with revised blank schedules (of classifications that are directly affected or could be affected). Any concerns with proposed schedules are reviewed and discussed. Step 4 Provide the Union with an updated Seniority List. Step 5 Employees are informed of the reductions and explained the layoff process. Step 6 Management and the Union will set a date for employees Employees to pick their position. Employees will be scheduled in appropriate time intervals in accordance with the updated seniority list (most senior first) in order to allow the employee Employee sufficient time to make their choice. Employees will be entitled to either indicate their choice using the procedure above or accept the layoff. Both management and union representatives will be present at the meeting. The employees Employees will also have the choice of coming in or providing a number where they can be reached at their set time. Employees put their name down on any available position (providing qualified). Step 7 - Employees with no available positions would receive their required working notice period or pay in lieu of notice.

Appears in 1 contract

Sources: Collective Agreement

LAYOFF, RECALL AND SEVERANCE. 27.01 24.01 Where, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee in writing at least fourteen (14) calendar days prior to the date of layoff, except that the fourteen (14) calendar days days’ notice shall not apply where layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer. Where the layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer, the fourteen (14) calendar days days’ notice is not required. Employees will be laid off in reverse order of seniority provided that the remaining Employees have the skills, training, knowledge and ability to perform the work. No full time employee Employee within the bargaining unit shall be laid off by reason of her/his their duties being assigned to one or more part time employeesEmployees. In the case of a layoff, the Employer will: (i) Advise the Union, in advance, of the need to reduce hours or the number of Employees. (ii) Meet with the Union to discuss ways to mitigate the effects of the layoff, including the possibility of voluntary layoff or other solutions. (iii) During the above meeting the Employer and Union will agree to a process to be used during the layoff. Step 1 Discuss proposed layoff procedure with Union Representative. Step 2 Provide Union with bi-weekly reductions of hours per classification. Step 3 Provide the Union with revised blank schedules (of classifications that are directly affected or could be affected). Any concerns with proposed schedules are reviewed and discussed. Step 4 Provide the Union with an updated Seniority List. Step 5 Employees are informed of the reductions and explained the layoff process. Step 6 Management and the Union will set a date for employees Employees to pick their position. Employees will be scheduled in appropriate time intervals in accordance with the updated seniority list (most senior first) in order to allow the employee Employee sufficient time to make their choice. Employees will be entitled to either indicate their choice using the procedure above or accept the layoff. Both management and union representatives will be present at the meeting. The employees Employees will also have the choice of coming in or providing a number where they can be reached at their set time. Employees put their name down on any available position (providing qualified). Step 7 - Employees with no available positions would receive their required working notice period or pay in lieu of notice.

Appears in 1 contract

Sources: Collective Agreement

LAYOFF, RECALL AND SEVERANCE. 27.01 Where, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee 37.01 The Union shall be advised in writing at least fourteen one hundred and twenty (14120) calendar days prior to in advance of any reductions in the date of layoffindeterminate workforce, except that the fourteen (14) calendar days notice shall not apply where layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of planned by the Employer. The notice will outline the reasons for the workforce reductions, the location and number of employees affected. The Parties will, through the consultation process, review possible alternatives to the workforce reduction (including voluntary layoffs) and on the support to be provided to the affected employees and on the application of this Article. 37.02 The Employer may offer voluntary early retirement or a separation incentive (“lump sum” buy out for voluntary lay-off) to any employee. Where the layoff results from Employer meets with an act employee to advise them of God or emergency such as fire or flood or any other circumstances beyond the control of the Employeropportunities, the fourteen (14) calendar days notice employee may request and be represented by an Alliance representative. 37.03 There shall be no temporary or permanent layoff of any indeterminate employee, who is not required. Employees will employed in the bargaining unit provided the employee agrees to be laid off assigned or appointed to another vacant position in reverse order of seniority accordance with this Article, and provided that the remaining Employees have employee can establish that he/she has the skills, training, knowledge and ability to perform the work. No full time job within a reasonable timeframe for on the job training. 37.04 An indeterminate employee who could be affected by a reduction in the workforce shall be offered assignment or appointment to any vacant position at the same classification level within the bargaining unit providing the employee can establish that he or she has the ability to perform the job. The employee will be provided a reasonable timeframe for training to become qualified. If an employee refuses an assignment or appointment to a position at the same classification level within the bargaining unit he/she shall be laid off with recall rights as provided for in this article. 37.05 Affected employees will not be required to accept a position at any other business unit operated by reason of her/his duties being ATCO Structures & Logistics, unless they request such a transfer. 37.06 Should there be no vacant position available in 37.04 above, an employee may be assigned to one or more part time employees. In the case a vacant position of a layoff, lower classification level in the Employer will: bargaining units providing the employee can establish that he or she has the ability to perform the job. The employee will be provided a reasonable timeframe for training to become qualified. The employee will have priority rights to return to a position at the same classification level as his/her former position. If an employee accepts an assignment to a lower classification level with a lower maximum rate of pay that employee shall be salary protected (i) Advise at the Union, rate of pay provided for his/her former position). Should an employee subsequently refuse an appointment to a position at the same classification level as his/her former position that employee will lose the benefit of being salary protected on the following pay period and will be appointed to the lower classification level position to which he/she had been assigned. If an employee refuses an assignment to a position at a lower classification level within the bargaining unit he/she shall be laid off with recall rights as provided for in advance, of the need to reduce hours or the number of Employeesthis article. (iia) Meet with the Union Employees subject to discuss ways to mitigate the effects layoff will be notified sixty (60) days in advance of the layoff, including the possibility of voluntary their layoff or other solutionsdate. (iiib) During this period those employees will be granted reasonable leave with pay for the above meeting purpose of being interviewed and examined by a prospective employer and to such additional leave with pay as the Employer and Union will agree to a process employer considers reasonable for related travel. (c) Employees to be used during the layoff. Step 1 Discuss proposed layoff procedure with Union Representative. Step 2 Provide Union with bi-weekly reductions of hours per classification. Step 3 Provide the Union with revised blank schedules (of classifications that are directly affected or could be affected). Any concerns with proposed schedules are reviewed and discussed. Step 4 Provide the Union with an updated Seniority List. Step 5 Employees are informed of the reductions and explained the layoff process. Step 6 Management and the Union will set a date for employees to pick their position. Employees will be scheduled in appropriate time intervals in accordance with the updated seniority list (most senior first) in order to allow the employee sufficient time to make their choice. Employees will be entitled to either indicate their choice using the procedure above or accept the layoff. Both management and union representatives will be present at the meeting. The employees laid off will also have be provided with a job search assistance program coordinated by the choice of coming in or providing a number where they can be reached at their set time. Employees put their name down on any available position (providing qualified). Step 7 - Employees with no available positions would receive their required working notice period or pay in lieu of noticeHuman Resources Department.

Appears in 1 contract

Sources: Collective Bargaining Agreement

LAYOFF, RECALL AND SEVERANCE. 27.01 24.01 Where, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee in writing at least fourteen (14) calendar days prior to the date of layoff, except that the fourteen (14) calendar days notice shall not apply where layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer. Where the layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer, the fourteen (14) calendar days notice is not required. Employees will be laid off in reverse order of seniority provided that the remaining Employees have the skills, training, knowledge and ability to perform the work. No full time employee within the bargaining unit shall be laid off by reason of her/his duties being assigned to one or more part time employees. In the case of a layoff, the Employer will: (i) Advise the Union, in advance, of the need to reduce hours or the number of Employees. (ii) Meet with the Union to discuss ways to mitigate the effects of the layoff, including the possibility of voluntary layoff or other solutions. (iii) During the above meeting the Employer and Union will agree to a process to be used during the layoff. Step 1 Discuss proposed layoff procedure with Union Representative. Step 2 Provide Union with bi-weekly reductions of hours per classification. Step 3 Provide the Union with revised blank schedules (of classifications that are directly affected or could be affected). Any concerns with proposed schedules are reviewed and discussed. Step 4 Provide the Union with an updated Seniority List. Step 5 Employees are informed of the reductions and explained the layoff process. Step 6 Management and the Union will set a date for employees to pick their position. Employees will be scheduled in appropriate time intervals in accordance with the updated seniority list (most senior first) in order to allow the employee sufficient time to make their choice. Employees will be entitled to either indicate their choice using the procedure above or accept the layoff. Both management and union representatives will be present at the meeting. The employees will also have the choice of coming in or providing a number where they can be reached at their set time. Employees put their name down on any available position (providing qualified). Step 7 - Employees with no available positions would receive their required working notice period or pay in lieu of notice.

Appears in 1 contract

Sources: Collective Agreement

LAYOFF, RECALL AND SEVERANCE. 27.01 Where, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee 35.01 The Union shall be advised in writing at least fourteen one hundred and twenty (14120) calendar days prior to in advance of any reductions in the date of layoffindeterminate workforce, except that the fourteen (14) calendar days notice shall not apply where layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of planned by the Employer. The notice will outline the reasons for the workforce reductions, the location and number of employees affected. The parties will, through the consultation process, review possible alternatives to the workforce reduction (including voluntary layoffs) and on the support to be provided to the affected employees and on the application of this Article. 35.02 The Employer may offer voluntary early retirement or a separation incentive ("lump sum" buy out for voluntary layoff) to any employee. Where the layoff results from Employer meets with an act employee to advise them of God or emergency such as fire or flood or any other circumstances beyond the control of the Employeropportunities, the fourteen (14) calendar days notice employee may request and be represented by an Alliance representative. 35.03 There shall be no temporary or permanent layoff of any indeterminate employee, who is not required. Employees will employed in the bargaining unit, provided the employee agrees to be laid off assigned or appointed to another vacant position in reverse order of seniority provided accordance with this Article. 35.04 An indeterminate employee who could be affected by a reduction in the workforce shall be offered assignment or appointment to any vacant position at the same classification band within the bargaining unit providing the employee can establish that the remaining Employees they have the skills, training, knowledge and ability to perform the workjob. No full time The employee will be provided a reasonable timeframe for training to become qualified. If an employee refuses an assignment or appointment to a position at the same classification band within the bargaining unit they shall be laid off by reason of her/his duties being with recall rights as provided for in this article. 35.05 Should there be no vacant position available in 35.04 above, an employee may be assigned to one or more part time employees. In the case a vacant position of a lower classification band in the bargaining units providing the employee can establish that they have the ability to perform the job. The employee will be provided a reasonable timeframe for training to become qualified. The employee will have priority rights to return to a position at the same classification band as their former position. If an employee accepts an assignment to a lower classification band with a lower maximum rate of pay that employee shall be salary protected (at the rate of pay provided for their former position). Should an employee subsequently refuse an appointment to a position at the same classification band as their former position that employee will lose the benefit of being salary protected on the following pay period and will be appointed to the lower classification band position to which they had been assigned. If an employee refuses an assignment to a position at a lower classification band within the bargaining unit they shall be laid off with recall rights as provided for in this article. a) Employees subject to layoff will be notified sixty (60) days in advance of their layoff date. During this period those employees will be granted reasonable leave with pay for the purpose of being interviewed and examined by a prospective employer and to such additional leave with pay as the Employer considers reasonable for related travel. b) Employees to be laid off will also be provided with a job search assistance program coordinated by the Human Resources Department. 35.07 Employees subject to lay-off for an indefinite period shall have the option of: a) accepting layoff, retaining the Employer will: right of recall for up to one (i1) Advise the Union, in advance, of the need to reduce hours or the number of Employees. (ii) Meet with the Union to discuss ways to mitigate the effects of the layoff, including the possibility of voluntary layoff or other solutions. (iii) During the above meeting the Employer and Union will agree to a process to be used during the layoff. Step 1 Discuss proposed layoff procedure with Union Representative. Step 2 Provide Union with bi-weekly reductions of hours per classification. Step 3 Provide the Union with revised blank schedules (of classifications that are directly affected or could be affected). Any concerns with proposed schedules are reviewed and discussed. Step 4 Provide the Union with an updated Seniority List. Step 5 Employees are informed of the reductions and explained the layoff process. Step 6 Management and the Union will set a date for employees to pick their position. Employees will be scheduled in appropriate time intervals in accordance with the updated seniority list (most senior first) in order to allow the employee sufficient time to make their choice. Employees will be entitled to either indicate their choice using the procedure above or accept the layoff. Both management and union representatives will be present at the meeting. The employees will also have the choice of coming in or providing a number where they can be reached at their set time. Employees put their name down on any available position (providing qualified). Step 7 - Employees with no available positions would receive their required working notice period or pay in lieu of notice.year; or,

Appears in 1 contract

Sources: Collective Bargaining Agreement