Common use of Layoff, Recall and Termination Clause in Contracts

Layoff, Recall and Termination. As a general rule, the terms "layoff and "recall" apply only to Employees as defined in Article Layoff of Employees as defined in Article shall be based on seniority, with an Employee with less seniority being laid off prior to an Employee with more seniority. Probationary Employees within a seniority group shall be laid off prior to any notification of layoff to a Permanent Employee within the seniority group. Where the Employer determines to layoff one or more Permanent Employees, the Employer will: provide notice to the Bargaining Unit that such action will be taken within ten working days of the decision being made. provide at least four (4) weeks' written notice to the affected Employees. After a layoff, Employees shall be recalled in accordance with their seniority ranking within their job classifications, provided they have necessary ability, knowledge, certification and skill to perform the jobs available. On recall, should the Employer determine that a specific certification qualifications is a requirement for the position to which an Employee is being recalled, the Employer and the Bargaining Unit agree to meet to discuss the Employer's needs regarding the Educational/ registration/ certification requirement. If the parties agree that the requirement is necessary, then qualifications will be used as a criteria for recall. If the parties disagree that the requirement is necessary, then the Bargaining Unit may refer the issue to expedited arbitration for resolution. Employees who are laid off shall have the right to recall for twenty-four (24) months following the date of their lay-off. Recall shall be by means of a registered letter sent to the last address of the Employee according to the Employee's records. Employer obligation ceases if the Employee refuses or fails to notify the Employer of the Employee's intention to return to work. The recalled Employee shall be given ten working days following receipt of the recall letter to notify the Employer of the intention to return to work. The Employee shall have up to ten working days to return to work following notification of the intent to return to work.

Layoff, Recall and Termination. As 12.1 A layoff is defined as an interruption in employment of more than one shift, a general rulereduction in the regular hours of work, or a reduction in the terms "layoff and "recall" apply only to Employees as defined in Article Layoff workforce. 12.1.1 In the event of Employees as defined in Article shall be based on seniority, with an Employee with less seniority being laid off prior to an Employee with more seniority. Probationary Employees within a seniority group shall be laid off prior to any notification of layoff to a Permanent Employee within the seniority group. Where the Employer determines to layoff one or more Permanent Employees, the Employer will: provide notice to the Bargaining Unit that such action will be taken within ten working days of the decision being made. provide at least four (4) weeks' written notice to the affected Employees. After a layoff, Employees shall be recalled laid off in accordance with reverse order of their seniority ranking within their job classificationsclassification providing that the senior Employees are able to do the remaining work. 12.1.2 An Employee about to be laid off, provided may bump:  The most junior Employee in the next senior ranked position equivalent or below the Employee in the same pay band for which they have necessary ability, knowledge, certification are qualified and skill able to perform the jobs available. On recall, should the Employer determine that a specific certification qualifications is a requirement for duties of the position at the time of the layoff.  If there is none, the Employee would bump the most junior Employee in the next most senior ranking position in the next lower pay band for which they were qualified to perform the duties of the position at the time of layoff.  This process would continue through the pay bands until the Employee finds a position for which they are qualified and able to perform the duties at the time of the layoff, and has more seniority than the person holding the position.  The Employee would have the opportunity to look at each ranked position in the pay band in descending order before going to the next lower pay band.  At no time will an Employee bump another Employee who has more seniority than they do.  If two or more Employees hold the same classification the Employee who is bumped will be the most junior Employee.  If no position is available the Employee would be on recall until one is available per Article 12. 12.1.3 When meeting with the Employee about to be laid off, the Human Resources Manager will show the Employee and their Job Evaluation Union representative the ranking of the positions as it relates to the particular situation. For the purpose of determining the ranking of a position, the Job Evaluation score (Article 27) will apply. The Employee is obligated to maintain the information they receive in strict confidence. 12.1.4 If there is uncertainty as to whether an Employee is being recalledqualified for a position in which they wish to bump another Employee, the Employer and the Bargaining Unit agree to meet to discuss the Employer's needs regarding the Educational/ registration/ certification requirement. If the parties agree that the requirement is necessary, then qualifications an Employee’s qualification will be used as a criteria for recall. If the parties disagree that the requirement is necessary, then the Bargaining Unit may refer the issue to expedited arbitration for resolution. Employees who are laid off shall have the right to recall for twenty-four (24) months following the date of their lay-off. Recall shall be by means of a registered letter sent to the last address of the Employee according to the Employee's records. Employer obligation ceases if the Employee refuses or fails to notify the Employer of the Employee's intention to return to work. The recalled Employee shall be given ten working days following receipt of the recall letter to notify the Employer of the intention to return to work. The Employee shall have up to ten working days to return to work following notification of the intent to return to workdetermined per Article 26.5.