Layoff Recall Procedure Clause Samples
The Layoff - Recall Procedure clause outlines the process an employer must follow when temporarily reducing staff and subsequently bringing employees back to work. Typically, this clause details the order in which employees are laid off, such as by seniority, and the method for notifying employees when positions become available again, often requiring written notice or a specific timeframe for response. Its core function is to ensure fairness and transparency in workforce reductions and rehirings, minimizing disputes and providing clear expectations for both management and employees.
Layoff Recall Procedure. A. The Board may layoff bargaining unit members when it determines in the exercise of its managerial powers reserved upon ORC Section 4117.08(C)(5), that such layoff is required. The following procedure shall govern:
1. The number of bargaining unit members laid off will be kept to a minimum by not employing replacement, insofar as practical, of unit members who resign, retire or otherwise vacate a position.
2. Whenever it becomes necessary to layoff unit members, unit members shall be laid off according to classification seniority, as it is defined in this Agreement, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption of continuous service for purposes of seniority.
3. Twenty
Layoff Recall Procedure. 11.01 When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the workforce or reduction in regularly scheduled hours of work of a regular Employee, the Employer will notify Employees and the Union President in writing who are to be laid off at least fourteen (14) calendar days prior to the date of the layoff, except that no notice is required where layoff results from emergency conditions or circumstances, including an act of god, fire, flood or a work stoppage by Employees not covered by this Collective Agreement.
11.02 In determining the order of layoff, the Employer shall lay off in reverse order of seniority by classification. In all instances, lay off is subject to the remaining Employees having the skills, training, qualifications, knowledge and ability to perform the assigned work satisfactorily.
11.03 No new full time or part time Employees will be hired while there are other Employees on layoff as long as laid off Employees have the skills, training, qualifications, knowledge and ability to perform the work required and are available to do so.
11.04 Employees affected by layoff shall make prior arrangements for payment of the full premium of any applicable benefit plans in accordance with the plan provider’s policies for the period of three (3) months. Failure to make arrangements for payment will result in termination of all benefits.
11.05 Other than the continuance of certain benefits as may be arranged under Article 11.04 and the retention of seniority under Article 10, an Employee's right while on layoff shall be limited to the right to recall only as specified in Articles 11.07 and 11.08.
11.06 Employees on layoff are responsible for informing the Employer of any change in address or telephone number that may be used to contact them for recall.
11.07 When increasing the work force, recalls shall be carried out in order of seniority by classification provided the Employee being recalled has the skills, training, qualifications, knowledge and ability to perform the required work satisfactorily.
11.08 An Employee who has been reduced in regular hours of work through the application of this Article may indicate in writing at the first of each month, their availability to work casual shifts. Casual Shifts will be offered in order of seniority and availability to an Employee with the skills, training, qualifications, knowledge and ability to perform the work, up to her pre layoff hours of work. Th...
Layoff Recall Procedure. 32.01 Prior to reducing the workforce, the Employer shall notify the Employee to be laid off twenty-eight (28) calendar days in advance of the layoff. During those twenty-eight (28) calendar days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee with work during this twenty-eight (28) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the Basic Rate of Pay in lieu of notice. Neither the twenty-eight (28) nor fourteen
Layoff Recall Procedure. 1. If a reduction in central office support personnel is required, employees in the specific position(s) being reduced or eliminated shall be laid off on the basis of seniority - those with the least seniority to be laid off first. Employees shall be given at least thirty (30) working days notice of layoff. An employee scheduled to be laid off has the right to be administratively placed in a position for which he/she is qualified as specified below:
a. If the employee scheduled for layoff possesses sufficient seniority, he/she shall first be assigned to displace the least senior employee in the same pay Classification for which he/she is qualified.
b. If displacement cannot occur within the same pay Classification, the employee, if he/she possesses sufficient seniority, shall be assigned to displace the least senior employee in a lower pay Classification for which the employee is qualified.
c. An employee scheduled for layoff shall not be required to displace an employee in a lower pay Classification. The employee may elect to accept layoff rather than accept assignment to a lower pay Classification.
2. Employees shall be recalled on the basis of seniority - those with the most seniority shall be recalled first to a vacant position for which they are qualified. Recall rights shall be maintained for two (2) years from the effective date of layoff.
Layoff Recall Procedure. Whenever layoff becomes necessary in a job classification, the following procedure shall govern:
Layoff Recall Procedure. 26. 01 When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the workforce or reduction in regularly scheduled hours of work of a regular Employee, the Employer will notify Employees in writing who are to be laid off at least twenty-eight (28) calendar days prior to the date of the layoff, except that no notice is required where layoff results from emergency conditions or circumstances, including an act of God, fire, flood, or a work stoppage by Employees not covered by this Collective Agreement.
Layoff Recall Procedure. If the Board determines to reduce the number of teachers due to reduced enrollments, changes in enrollment patterns, revenue shortages, or curricular changes, the following will apply:
A. Layoff & Recall Procedures
1. Teachers in the specific positions being reduced or eliminated shall be identified for potential lay off. In the event there is more than one teacher in the grade level or department in which the reduction or elimination is to occur, the teacher with the least seniority shall be identified for potential layoff. A teacher who is identified for potential layoff or displacement due to position elimination or position reduction must apply for a vacant position. The highest seniored applicant shall be awarded the position under the provisions of Article 9. If no vacant position is available, the displaced teacher has the right to claim the position of the least seniored teacher holding a position for which the displaced teacher is both certified and qualified. However, displaced teachers are limited to claiming the maximum teaching time they have previously been assigned. The sole exception to this procedure is as follows: The district may involuntarily transfer a teacher only if it would avoid the necessity of laying off another teacher or would reduce the number of layoffs. An involuntary transfer shall impact the least seniored teacher who is certified and qualified. Teachers scheduled for potential layoff or displacement will be notified in writing with a copy forwarded to the SEA President.
2. The certification and qualification of a teacher to be laid off shall be the certification and qualification on file with the Board of Education at the time the notice of layoff is sent. The certification and qualification of a teacher to be recalled from layoff shall be the certification and qualification on file with the Board of Education at the time of notification or recall from layoff. It is the teacher's duty and responsibility to make sure that the Board of Education's records are correct and to notify the Board of Education in writing of any inaccuracies or changes in such records.
3. Teachers on layoff shall be recalled in order of greatest seniority, to the next available vacancy which arises within three (3) years from the date of their layoff, provided that the more senior teacher must be certified and qualified for the vacancies or assignments to be filled. Notice of recall shall be sent by certified or registered mail to the teacher's las...
Layoff Recall Procedure. A. Seniority shall be defined as length of continuous service in the district, as a member of the bargaining unit, beginning with the first day of work during the regular school year.
B. The Board shall prepare a seniority list and transmit a copy of same to the Association on or before March 15 of each year of this contract. The Association has until April 12 to review the list and to notify the Board of any errors. If no errors are reported the Board may assume the list is accurate.
C. In the circumstance of more than one (1) teacher beginning employment on the same day, all teachers so affected will participate in a drawing conducted by the Association to determine position on the seniority list. The Association and teachers so affected will be notified in writing of the date, place and time of the drawing. The drawing shall be conducted openly and at a time and place which will reasonably allow affected teachers and Association Representatives to be in attendance. The results of the drawing will result in the permanent seniority placement for any and all of those involved in the drawing.
Layoff Recall Procedure. 25.01 When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the workforce; a discontinuation in whole or in part of an undertaking, activity or service; reduction in regularly scheduled hours of work of a Regular Employee, the Employer will notify Employees, in writing, who are to be laid off at least fourteen (14) calendar days prior to the date of the layoff, except that no notice is required where layoff results from emergency conditions or circumstances, including fire, flood, or natural disaster. When an Employee is on an approved Leave of Absence or receiving Workers’ Compensation benefits, the notice of layoff shall be served when the Employee has provided notice of readiness to return to work, unless the Employee requests otherwise.
25.02 The Employer and the Union recognize the value of meeting prior to a layoff process occurring. The parties will make every reasonable effort to meet at least fourteen (14) calendar days prior to Employees receiving notification of the layoff. The Union agrees to respect confidentiality of any impending layoff until the Employer has had the opportunity to communicate the changes to the Employee(s). The purpose of this meeting shall include, but not be limited to:
(a) discuss the parameters of the layoff and review the current seniority list
(b) discuss the process by which Employees will receive written notification (e.g., individual meetings, timeframes)
(c) review written notification documents to ensure content accurately discloses process and options available to affected Employees.
(d) discuss other relevant factors the parties agree on.
25.03 In determining the order of layoff, the Employer shall lay off Employees by classification, in reverse order of seniority, provided that the remaining Employees have the qualifications to perform the available work satisfactorily. At the time of providing written notice of reduction to affected Employee(s), the Employer shall:
(a) post the seniority list set out in Article 13; and
(b) schedule a consultation meeting between the affected Employee(s), the Employer, and the Union Representative, at which time the Employer shall advise the Employee of their options according to this Article. The consultation meeting shall not be unreasonably delayed as a result of the unavailability of a Union Representative.
25.04 Employees on layoff have the option to remain on the Casual list and pick up shifts as they become available. ...
Layoff Recall Procedure. A. Impending Layoff - In the event management becomes aware of an impending reduction in work force, which includes a civil service displacement, it will make every effort to notify MOSES at least twenty (20) calendar days prior to the layoff.