Common use of Layoff Recall Clause in Contracts

Layoff Recall. a. Subject to the provisions below, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will be laid-off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements. d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-notice prior to the effective date of layoff.

Layoff Recall. a. Subject to the provisions below, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will be laid-off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “”department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements. d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-days notice prior to the effective date of layoff.

Layoff Recall. a. Subject to A. In the provisions belowevent of a layoff, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will shall be laid-laid off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same departmentinverse seniority, provided he/she is qualified the employee possesses the demonstrated abilities to perform the duties and responsibilities as required to carry out the mission of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rightsDepartment. For purposes of administering this clause Article, seniority is defined as the length of an employee's continuous service in a “division” classification since the last date of the Utility department or the Community Services department shall be deemed hire in that classification. B. Any bargaining unit employee who is to be laid off who had advanced to his/her present classification from a “department”. c. If an employee subject to layoff cannot bump lower classification within their department, and if that employee has held a permanent position the bargaining unit in another department, which he/she may bump into held a vacant regular appointment shall be offered a position of that classification in the department or bump an employee lower classification. Seniority for the purpose of bumping to the lower classification shall be the aggregate of the bargaining unit employee’s seniority in the lower classification and all higher classifications. C. No new employees shall be hired in a classification until all employees on layoff status in that classification have had an opportunity to return to work. Layoff status shall not extend beyond 24 months. Employees will be called back from layoff in the department with less City seniority, providing he/she has inverse order of layoff provided the skills and employee possesses the demonstrated abilities to perform the current duties as required. Employees must pass classification, appropriate screening and responsibilities testing as part of the position and meets the current qualification requirementsrecall process. d. WhenD. When recall occurs, the City will notify the employee through registered mail. The employee is obligated to keep the City informed of their current address. An employee on layoff status shall accept or decline an opening within seven (7) days of notification. The employee shall be available to return to work within fourteen (14) calendar days of notifying the City of their intent to return to work. An employee’s denial or acceptance of the recall shall be conveyed in writing. In the event the employee declines or fails to notify the City in the judgment and discretion of the Cityabove specified time, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to all recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts rights will be made by the City to give 30 days-notice prior to the effective date of layoffwaived.

Layoff Recall. a. Subject to the provisions below, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will be laid-off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “”department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements.she d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-days notice prior to the effective date of layoff.

Layoff Recall. a. Subject to In the provisions belowevent of the following procedure will be followed: Probationary employees will be laid off then, in cases of layoff and recall, normally the employee or employees with the least total service Employees in the affected classification(s) will be laidreverse order of their bargaining unit-off first; and recalled on wide seniority. It is understood that the basis remaining employees as outlined above must have the ability to perform the normal requirements of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications remaining jobs. The Employer shall employees who are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements. d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying laid off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-notice seven (7) calendar days prior to the effective date of layoff, or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case such greater period of notice or pay in lieu thereof shall be given. If not possible to give seven (7)days notice, as much advance notice will given as is possible. The above will not apply to the junior four (4) employees. Employees shall have bumping rights in accordance with their seniority, Senior employees whosejob is not would have the right to displacejunior employees in the same Department first, then bargaining unit, provided they have the skills and qualification. Employees shall be recalled in the order of their Bargaining Unit seniority, then in their Department where jobs become available, provided they have the ability to perform such jobs following a reasonable triai or training period. The Employer shall give notice of by registered mail to the last recorded address of employee. The employee shall the Employer advised at all times of a current address. No new employee be hired those laid off have been given the of recall. Laid off employees who wish to be notified of job vacancies other those to which they have recall rights may signify their desire in writing prior to layoff shall be entitled to apply for such jobs. ARTICLE WAGES AND CLASSIFICATIONS Job classifications are set out in Schedule "A" of this Agreement. They shall not be changed or deleted, nor shall the jobs themselves be altered or amended without discussion with the Union.

Layoff Recall. a. Subject 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the provisions belowparties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in cases time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of layoff and recallvacant positions shall be suspended. 12.2 In the event of ▇▇▇▇▇▇, normally the employee or employees with Employer will first solicit voluntary Layoffs from among the least total service job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affected. 12.3 When an Employee has received Layoff notice they will have the option of: a) being placed in the affected classification(ssame or higher classification for any vacant position in Community Living Elgin (CLE) will be laid-off first; for which they possess the required qualifications and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified ability to perform the duties work. If two (2) or more people have relatively equivalent qualifications and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities ability to perform the current duties work, then seniority will apply or b) displacing an Employee with less seniority in an equal or lower classification position in CLE for which they have the required qualifications and responsibilities ability to perform the work, or c) accepting a temporary placement in a position of equal or lower classification position in CLE for which they have the required qualifications and ability to perform the work; and at the end of the temporary placement shall maintain their bumping rights, or d) if full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which they have the required qualifications and meets ability to perform the current qualification requirementswork. d. Whene) upon notice of ▇▇▇▇▇▇, a laid off Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to notify the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts Employer will be made by considered the City employee’s decision to give 30 days-notice prior to take a layoff and then be placed on the effective date of layoffrecall list per Article 12.

Layoff Recall. ‌ a. Subject to the provisions below, in cases of layoff and recall, normally the employee or employees with the least total service in the affected classification(s) will be laid-off first; and recalled on the basis of greatest length of total service in the affected classification(s). b. Employees with the greatest length of service in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same department, provided he/she is qualified to perform the duties and responsibilities of the other classification, and provided further that the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into a vacant position of that classification in the department or bump an employee in that classification in the department with less City seniority, providing he/she has the skills and abilities to perform the current duties and responsibilities of the position and meets the current qualification requirements. d. When, in the judgment and discretion of the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing to recall employees with greater seniority. ”Critical skills” shall mean those skills, which cannot be acquired by a typical employee within a thirty-day period. e. All efforts will be made by the City to give 30 days-days notice prior to the effective date of layoff.

Layoff Recall. a. Subject A. If the Agency is combined with one or more districts, the Agency shall use its best efforts to assure the provisions belowcontinued recognition of the Association and the continued employment of bargaining unit members in the consolidated district. B. If the Agency institutes a reduction in staff or a reduction in hours, the Agency will retain, as nearly as possible, those employees in cases of layoff and recall, normally the employee or employees with classification being reduced having the least total longest continuous service in the affected classification(sAgency, and meeting the qualifications and ability necessary to perform the work available, as defined in Article 14. C. For layoff involving the termination of positions, the following procedure shall be followed: 1. The Employer shall identify the specific position(s) will to be laid-off first; eliminated and recalled on shall notify the basis of greatest length of total service employee(s) in those positions. 2. The employee(s) in the affected classification(s). b. Employees with position(s) have the greatest length of service right to displace the least senior employee holding a position in a department whose classifications are to be affected by a layoff may, to avoid a layoff, bump laterally or downward into another classification within the same departmentclassification as the affected employee, provided he/she the affected employee has greater seniority and is qualified to perform the duties and responsibilities of the other classification, and provided further that position held by the employee affected by the bumping has less departmental seniority. Under no circumstances shall this clause be interpreted or applied to provide for upward bumping rights. For purposes of this clause a “division” of the Utility department or the Community Services department shall be deemed to be a “department”. c. If an employee subject to layoff cannot bump within their department, and if that employee has held a permanent position in another department, he/she may bump into is displacing. 3. If a vacant position of that classification reduction in the department or bump work hours occurs, an employee in that classification in whose hours have been reduced may claim seniority over all other employees for the department with less City senioritypurpose of maintaining his/her normal work schedule, providing provided he/she has the skills greater seniority and abilities is qualified to perform the current duties and responsibilities work of the person he/she seeks to replace. The exception to this situation would be if all employees are reduced by the same number of hours. a) If the work hours of the position and meets that the current qualification requirementsmore senior employee originally occupied are restored, that employee will be offered the option to be reinstated in his/her previous position. d. When4. In no case shall a new employee be employed by the Employer while there are laid-off bargaining unit employee(s) who are qualified for a vacant or newly created position. D. An employee may be granted a voluntary leave of absence under Article 11 so as to reduce the number of layoffs. When the employee returns from leave of absence, all previously accrued seniority rights prevail again. E. In no case shall a reduction of any bargaining unit employee’s work hours take effect until five (5) work days after written notice to the affected bargaining unit employee(s) is given by the Employer. F. Laid-off employees may continue their health, dental, and vision insurance benefits as defined by the Consolidated Omnibus Reconciliation Act (COBRA) by paying the regular monthly subscriber group rate premium for such benefits as allowed by the insurance carrier. G. Employees who are laid-off shall not have their length of service broken and other benefits shall be frozen for their use on return. A layoff of more than one (1) year shall be considered termination for lack of work. H. When there is an increase in bargaining unit positions following a layoff or positions become available through natural attrition, leaves of absence, or creation of temporary positions, the laid-off employee with the most length of service in the judgment seniority where the vacancy exists in the Agency shall be the first to be offered re-employment. That recalled employee must have the qualifications and discretion of ability for the City, an employee with lesser seniority has critical skills and abilities required by the City under the circumstances, then the City may retain and/or reclassify such employees even though it means laying off or failing position to recall employees with greater senioritywhich he/she is recalled. ”Critical skills” shall mean those skills, which canA vacancy will not be acquired by posted when there is a typical laid-off employee within a thirty-day periodwhere that vacancy exists. e. All efforts will I. If a laid-off employee fails to accept the regular, permanent position to which he/she is recalled within ten (10) days from the date that notice is sent to his/her last known address by certified mail or email, that employee’s seniority and all other benefits with the Agency shall terminate. J. It shall be made by the City responsibility of each bargaining unit employee to give 30 days-notify the Agency of any change in address. The address as it appears on the Agency’s records shall be conclusive when used in connection with layoff, recall, or other notice prior to the effective date of layoffemployee who has been laid-off.