Layoff. (1) Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block as specified in this agreement. (i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job. (ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. (iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block. (iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i). (3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists. (4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years). (5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. (1) Layoff of regular employees The employee to be laid off shall be the employee with less than three years' the least service seniority shall be in reverse order of seniority within a classification the same classification, same ministry and within the seniority block as specified in this agreementsame geographic location.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block ministry and geographic location may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockministry and same geographic location.
(iv) The he employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employeeemployee in the Ministry, within the same seniority block geographic location and going onto auxiliary recall listslists within the Ministry within the geographic location.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - 21— Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 and 15.7 15.4 of the Main Agreement, the vacation scheduling provisions of component agreements and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 2 contracts
Layoff. (1) . Layoff shall mean the discontinuance of regular employment of any employee as the result of a position elimination for financial or programmatic reasons. In the event of a layoff, layoffs shall first be absorbed through attrition. Attrition means resignation, retirement or termination.
a. If attrition does not suffice to cover the layoffs, probationary employees with less than three years' service seniority shall be laid off first.
b. If further layoffs are necessary, employees shall be released based upon the seniority list described in reverse order of seniority within a classification and A.1.
2. Exceptions within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice order of layoff as specified in B.1 above (b) below. Where an employee loses regular status Layoff), when required in individual cases, can be made by failing to maintain 1200 hours the Committee for good and justified causes, in 26 pay periods as referenced abovewhich case, their previous regular service seniority the following criteria shall be credited used: classification, training, experience, performance evaluation and certification as auxiliary seniority a Safe Food handler.
3. An employee who is to be terminated due to a lay off shall receive written notice at least thirty (30) days prior to the effective date of layoff.
4. Employees wishing to terminate employment with the ▇▇▇▇▇▇▇ School Department must give a written fourteen (14) calendar day notice. Kitchen Managers and District Managers must provide thirty (30) calendar days notice.
5. When a reduction in force causes openings in current positions, the filling of these positions will take place as follows:
a. All vacant positions will be posted for ten (10) working days to all remaining employees.
b. Within those ten (10) days, employees must apply in writing for transfer to these openings.
c. Positions will be filled by an interview process by the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial yearsCommittee or its designee(s).
(5) Notwithstanding (1)d. After the posting and interview of qualified candidates, (2) and (3) abovethe remaining displaced Food Service employees will be reassigned, regular employees if qualified, to be retained shall be qualified and able to perform the work which is available after a period of familiarizationremaining vacant reduction in force positions.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. (1) Layoff . Whenever layoffs become necessary in the judgment of regular the Company, part-time and temporary employees with less than three years' service seniority shall be laid off first.
2. If it becomes necessary in reverse the judgment of the Company to lay off regular, full-time employees, the Company will notify the Union, in writing, of such judgment. During the thirty (30) day period following such notice, the Company and the Union will discuss the subject and attempt to reach agreement on the manner of implementing such layoff. During such discussions, it is appropriate for the parties to discuss the possibility of bumping into a lower rated or lateral classification to avoid layoff. If such agreement is reached, the layoff will proceed in accordance with such agreement. If no agreement is reached within such thirty (30) day period, the layoff will proceed as set forth in Section 3, below.
3. It is understood and agreed that there shall be four seniority lists, one composed of office employees, one composed of Network Technicians, one composed of Customer Service Technicians and one composed of Utility employees. Whenever it becomes necessary to reduce the working forces in any of these groups of employees, the employees shall be laid off in the inverse order of their seniority in the Company as shown in Section 1 of this Article.
4. In recalling after a layoff, the Company agrees to offer reemployment to the extent to which additional help is needed in particular departmental groups to laid off employees from such departmental groups in the inverse order in which such employees were laid off (a) provided, however, that the employee is qualified in the judgment of the Company to perform the available work at the time the offer of employment is made and (b) provided, also, that the period of layoff does not exceed two (2) years. The employee(s) being recalled shall be notified by certified mail, addressed to his/her last known address, at least ten (10) business days prior to the date on which he/she is to report to work. Failure to appear for work on the date specified shall result in termination of employment, unless the employee is physically unable to report and supplies satisfactory medical evidence of such disability, in which event the Company may otherwise fill the vacancy and the employee shall remain on layoff status until the next vacancy in the department occurs or at the end of his/her two year layoff period, whichever period is the shorter.
5. The Company may attempt to eliminate the surplus through voluntary means before proceeding to a layoff. The Company may accomplish this through a “voluntary lay-off” procedure whereby employees in the impacted surplus classification(s) may be offered voluntary lay-off in order of seniority within a classification and within until the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt surplus is eliminated. The Company is not required to use Clause 13.4(c)(2)(i) and (ii) providing offer any incentive, but is permitted to identify the employee exercising such an option has incentive, if any, at the qualifications to meet the requirements time of the jobevent.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority Layoffs shall be conducted in reverse order of seniority within a classification and within accordance with this contractual procedure only. Whenever it becomes necessary for the seniority block Board to reduce its work force, it shall lay-off employees or abolish their positions as specified provided in this agreementArticle. The Board will lay-off for lack of funds, lack of work or abolishment of positions. Whenever the Employer determines that a layoff or job abolishment is necessary, the following shall apply:
1. The Employer shall determine the number of employees, the classifications and positions to be affected by the layoff. The Employer agrees to notify the Union and allow the Union to propose possible alternatives and discuss the impact of the layoff prior to initially notifying the affected employees.
2. Employees serving a probationary period after initial appointment shall be laid off before employees who have completed a probationary period. Bargaining unit members shall be laid off by seniority in the classification in which they are working. Seniority will be determined in accordance with Article 17: Seniority. All substitutes will be laid off prior to regular bargaining unit members, and the regular bargaining unit members will be offered substitute work when available. In the event two (i2) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within or more employees have the same seniority block may opt to displace date, the employee currently filling the position originally held tie will be broken by the employee designated for layofflast digit in the social security number with 9 being high and zero (0) being low. If the last number is the same, providing then you will proceed to the employee exercising such a displacement option has greater seniority next number and so on until the tie is qualified and able to perform the job after a period of familiarizationbroken.
3. The Employer shall notify the affected employees and the Union, in writing, at least fourteen (iii14) If an employee is not placed through the option calendar days in advance of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationany layoff. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and Each notice of layoff as specified in (b) below. Where an shall state the following:
a. The effective date of layoff; and
b. A statement advising the employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for of his/her rights of reinstatement from the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)bumping rights in B below.
c. Employees notified of a lay-off have five (5) Notwithstanding (1), (2) and (3) above, regular employees calendar days to be retained shall be bump into a lower classification provided they are qualified and able to perform the work which is available after and hold or can obtain the necessary certificate or license for that position, and have more program seniority than the present incumbent they are bumping.
d. Any employee displaced by (A) (3) (c) above will also have up to five (5) days to bump into a period lower classification under the terms of familiarization(A) (3) (c).
e. Bargaining Unit members will be placed at the appropriate Step on the salary schedule for the position they have bumped taking into consideration their service to the program.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. A general layoff of an entire department or plant shall be upon at least one (1) Layoff calendar week’s notice to the Union, except in cases of regular employees with less than three years' service seniority shall be in reverse order an Act of seniority within a classification and God or public enemy, emergency, contract cancellation, government priorities, strike, fire, epidemic, floods or any causes, similar or dissimilar to the foregoing, not within the seniority block as specified in this agreement.
Company’s control. In the event of a general lay-off exceeding six (i6) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing consecutive calendar weeks, such Employees so laid off shall at the employee exercising such an option has the qualifications to meet the requirements end of the job.
sixth (ii6th) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for consecutive week of their layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
unless theretofore terminated as provided in Article 22, be paid forty (iii40) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a hours regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain straight time computed at their regular status unless they fail to maintain 1200 hours worked average hourly earnings at the straight-time rate within date of layoff. If the previous 26 pay periods except as provided under Article 21 - MaternityCompany shall find it necessary to lay off any Employees for any reason other than lack of work, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work the Company will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for give the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
Union at least five (5) Notwithstanding (1)business day’s notice before the lay-off, (2) including the names, positions and (3) above, regular employees seniority dates of the Employees to be retained laid-off. If requested, the Company will meet with the Union to discuss its intended action. In any such discussion the Company shall explain the reason why it needs to take any proposed action and the Union may respond on the merits including the suggestion of any alternative action consistent with the Company’s needs. The Company will consider and respond to such suggestions prior to implementing any lay-off. In the event the Union and the Company cannot agree that the Company had a legitimate business reason for a lay-off or that the Company identified the proper Employees to be qualified and able laid-off, the Union retains the right to perform submit the question to binding arbitration. If an Employee has been laid off, the work which is available after performed by that Employee may not be performed by persons from another category, department or operation for more than two [2] days per week without the Union’s consent. The Company shall notify the Union before assigning overtime to any Employee in the category or operation previously occupied by a period laid-off Employee. The Company shall not use overtime to avoid the recall of familiarizationa laid-off Employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement (Steinway Musical Instruments Inc), Collective Bargaining Agreement (Steinway Musical Instruments Inc)
Layoff. (1) Layoff of regular employees The employee to be laid off shall be the employee with less than three years' the least service seniority shall be in reverse order of seniority within a the same classification and within the same seniority block as specified in this agreementblock.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i13.5(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockblock and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) . Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) lists with the Employer within the geographic boundaries of the seniority block. A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 - Notice of Work Schedules and 15.7 15.4 - Short Changeover Premium, the vacation scheduling provisions and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) . Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. In the event of a reduction in the work force, the following procedures shall apply:
(a) Probationary employees will be laid off first from the classification(s) affected.
(b) Thereafter, employees with the least seniority in the classification(s) affected will be laid off.
(c) An employee laid off from his classification who exercises his seniority to displace the least senior employee in a higher, lateral or lower classification must notify the Employer and displace such employee within one (1) Layoff workday after his layoff, provided he has five (5) workdays’ advance notice of regular employees with less than three years' service seniority the layoff. In the event he does not have five (5) workdays’ advance notice, he shall be in reverse order of seniority within a classification and within the seniority block as specified in this agreementhave five (5) workdays to displace such employee.
(id) A regular The Employer will not use any employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from in a classification in which he is not qualified if another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option laid off therefrom, except in case of an emergency (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
as defined in Section 25.1 (iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (ie)).
(3e) Upon layoff, a regular employee Employees who exercise their seniority under this section will have the option of displacing the most senior auxiliary employee, within be paid at the same seniority block and going onto auxiliary recall listsrate in a lateral classification or at the highest rate paid for a lower classification provided that the new rate is not higher than the old rate, or at the rate closest to but not lower than the current rate of pay for a higher classification.
(4f) A regular employee The above procedures are subject to the condition that in the Employer’s judgment, those employees remaining subsequent to the layoff, or those employees who chooses exercise displacement rights are qualified to go onto perform the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)available work.
(5g) Notwithstanding (1)Employees on layoff or leave of absence shall continue on the medical insurance program for the two months following the month of layoff or leave of absence, (2) and (3) aboveprovided they continue the employee’s premium, regular employees to be retained co-pay portion, following the month of layoff or leave of absence, but thereafter it shall be qualified and able the responsibility of the employee, if he desires, to perform make arrangements for continuation of the work which is available after a period of familiarizationinsurance at his expense.
Appears in 2 contracts
Sources: Custodial/Maintenance Agreement, Custodial/Maintenance Agreement
Layoff. (a) When a reduction in force in any line of progression is necessary, probationary employees will be laid off first. In case it is necessary to further reduce the number of employees in a line of progression, employees who are the lowest on the seniority list may:
(1) Layoff of regular Starting with the job classification in which the reduction is to be made, the employees with less than three years' service the least plant seniority shall be removed therefrom. They shall have the right to exercise their seniority in reverse order lower job classifications for which they are qualified in that line of seniority within a classification and within progression. This process shall be continued until the seniority block as specified number of employees to be reduced in this agreement.
(i) A regular employee designated for layoff may opt the line of progression has been reclassified to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the entrance job.
(ii2) If there are no vacancies available An employee who is to be displaced from an entrance job in a line of progression shall have a maximum of three (3) working days from date of being notified to exercise his plant seniority, provided he is qualified for the job involved, by transferring to an entrance job in another line of progression, if such entrance job is held by an employee promoted from another position within the same seniority block may opt having less plant seniority, or electing to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationbe laid off. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i)."Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior
(3) Upon layoffAfter the transfers resulting from the exercise of the foregoing rights have been accomplished in all lines of progression in which such action is taken, a regular employee will have the option excess employees remaining from all lines of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall listsprogression shall be laid off in accordance with their plant seniority.
(4) A regular As soon as practicable after the Company has identified with certainty those employees to be laid off under this Section 9, the Company will begin to consider each such employee who chooses to go onto for placement elsewhere. This consideration will continue until any one of the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked following occurs: (1) the employee is placed at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave▇▇▇▇▇▇▇▇ Plant or elsewhere; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and the employee is no longer retaining seniority rights under Section 10 below; (3) above, regular employees the employee is recalled under Section 11 below; or (4) the Company ceases to have a current address for the employee. The effective date of an employee's layoff shall not be retained shall be qualified and able delayed as a result of the failure of the Company to perform begin consideration of the work which is available after employee for a period of familiarizationplacement elsewhere prior to such date.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. (a) When a reduction in force in any line of progression is necessary, probationary employees will be laid off first. In case it is necessary to further reduce the number of employees in a line of progression, employees who are the lowest on the seniority list may:
(1) Layoff of regular Starting with the job classification in which the reduction is to be made, the employees with less than three years' service the least plant seniority shall be in reverse order of removed therefrom. Such displaced employees shall have the right to exercise their seniority within a classification and within the seniority block as specified in this agreement.in:
(i) A regular employee designated lower job classifications for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements which they are qualified in their line of the job.progression, or
(ii) If there lower job classifications for which they are no vacancies available an employee promoted from qualified in another position line of progression, or (“Qualified” for the purpose of this subsection (ii) is defined as having held that job classification within the same seniority block may opt last three (3) years prior to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If transferring to an entrance job in another line of progression, if such entrance job is held by an employee having less plant seniority, or electing to be laid off. "Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior
(2) An employee who is not placed through the option to be displaced from an entrance job in a line of progression shall have a maximum of three (a)(2)(ii3) aboveworking days from date of being notified to exercise his plant seniority, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and provided he is qualified and able to perform for the job after a period involved, by transferring to an entrance job in another line of familiarizationprogression, if such entrance job is held by an employee having less plant seniority, or electing to be laid off. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i)."Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior
(3) Upon layoffAfter the transfers resulting from the exercise of the foregoing rights have been accomplished in all lines of progression in which such action is taken, a regular employee will have the option excess employees remaining from all lines of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall listsprogression shall be laid off in accordance with their plant seniority.
(4) A regular As soon as practicable after the Company has identified with certainty those employees to be laid off under this Section 9, the Company will begin to consider each such employee who chooses to go onto for placement elsewhere. This consideration will continue until any one of the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked following occurs: (1) the employee is placed at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave▇▇▇▇▇▇▇▇ Plant or elsewhere; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and the employee is no longer retaining seniority rights under Section 10 below; (3) above, regular employees the employee is recalled under Section 11 below; or (4) the Company ceases to have a current address for the employee. The effective date of an employee's layoff shall not be retained shall be qualified and able delayed as a result of the failure of the Company to perform begin consideration of the work which is available after employee for a period of familiarizationplacement elsewhere prior to such date.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. (1a) Layoff If a reduction in force is necessary, layoffs shall take place in the inverse order of regular employees the date of hire into the Lieutenant’s job classification.
(b) NJIT shall simultaneously provide the Lieutenants’ Unit and the Lieutenant(s) concerned a two (2) week notice of layoff. Lieutenants’ Unit may request and have scheduled a meeting with the Manager of Labor Relations to discuss possible alternatives; however, the final discretion rests with NJIT.
(c) When a Lieutenant is scheduled for a layoff due to reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by law, to exercise his/her seniority rights to replace (bump) a Sergeant or other commissioned police officer with less than three years' service seniority shall be provided the Lieutenant with greater seniority is qualified in reverse order all respects to perform the work of seniority within a classification and within the seniority block as specified bumped officer in this agreementaccordance with the prevailing job description for that position.
(i) A regular employee designated for layoff The Lieutenants’ Unit may opt to use Clause 13.4(c)(2)(i) and (ii) providing discuss any questions of “qualifications” with the employee exercising such an option has Manager of Labor Relations through the qualifications to meet the requirements labor management committee established under Article VI, Labor/Management Committee, of the jobthis Agreement.
(ii) If there are no vacancies available an employee promoted from another position Salary Range and Step placement for a Lieutenant, successfully exercising the contractually authorized bumping privilege, shall be as follows:
(1) The Lieutenant shall be placed at the same or nearest higher step on the commissioned police officer salary range or within the same seniority block may opt to displace the employee currently filling the position originally held Sergeants’ salary band from that salary occupied by the employee designated for Lieutenant prior to layoff, providing if available in the employee exercising such a displacement option has greater seniority and is qualified and able to perform range and/or band. If not available then the job after a period of familiarizationLieutenant shall be placed at the closest step available within the appropriate range or salary within the band.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(ivd) The employee displaced pursuant parties hereto commit to (ii) or (iii) shall have work together toward minimization of departmental, university and bargaining unit disruption caused by implementation of the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of contractually authorized layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)bumping scheme.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. (1a) Layoff The company will endeavor to give at least (2) two weeks notice of regular layoff where business circumstances permit. Where business circumstances do not permit this notice, the Company will explain the circumstances to the Union at the time the notice is given.
(b) In laying off, and in determining shift assignment as between employees with less than three years' service doing the same job, seniority shall be in reverse order of seniority within a classification and within the seniority block determining factor as specified in this agreement.follows:
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and All jobs with Learner periods shall be filled by the senior persons who are fully qualified on the job, (ii) providing the employee exercising such an option has the qualifications to meet the requirements have successfully completed all of the Learner Periods of the job as evidenced by documentation on Company records) or currently in a Learner position on the job.. However it is understood and agreed the Company shall have the right to retain the most senior fully qualified employee if it establishes that there is not one (1) fully qualified employee available to train on the same shift,
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is All jobs that do not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option have Learner Periods shall be exercised only within filled in order of seniority. However it is understood and agreed that in all cases the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) company shall have the options contained in (i).
(3) Upon layoff, a regular right to pass over an employee will if it establishes that he does not have the option of displacing the most senior auxiliary employeenecessary skill, within the same seniority block ability and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able physical fitness to perform the work available. For a layoff which is available after in the judgment of the company will not extend beyond three (3) consecutive days, ap pli c at io n of seniority shall be by department or skilled occupational group w i t h i n the department. A longer layoff will be dealt with by applying seniority on a plant- wide basis. When the Company shuts down it’s operations for a specific period of familiarizationtime, any available work assignments during the shutdown period will be dealt with by applying seniority on a plant wide basis as per 8.05 (a). At the end of the shut-down period, all employees who were reassigned or laid off will return to the job they were holding immediately prior to the shutdown. The Company will provide a familiarization period of 5 working days to employee’s who bump into a job. The Company will provide a familiarization period of ten (10) working days to employees who bump to a job, where the job has changed as evidenced by G-Forms attached to the job description dated after the learner periods were completed.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. (7:6.1 Permanent employees of the District who have a seniority date of June 30, 1978 or earlier will be maintained in their employment for the life of this Agreement unless they are terminated for cause or laid off as a result of reductions necessary because of building closings, change in the State funding formula, and/or changes in the transportation budget. This shall not apply to any employee with a seniority date of July 1) Layoff of regular employees with less than three years' service seniority , 1978 or later who shall be subject to the layoff and recall procedures set forth hereafter.
7:6.2 If a reduction in reverse order force is necessary beyond normal attrition, the Superintendent, after consultation with the Board, shall determine the number and types of positions to be reduced as well as the date such reductions are needed and shall apprise the President of the Union of this information prior to the effective date of the reductions.
7:6.3 In the event of reduction in force, probationary, casual, and temporary employees shall be terminated before permanent employees are laid off. Thereafter the employee with the least seniority within a classification and within in the affected classification(s)/skill areas shall be subject to such layoff. Such employee, if his seniority is greater than the seniority block as specified of other employees in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority or lower classification in his bumping group and provided he is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) abovework, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i)right to replace the employee with the least seniority.
7:6.4 The bumping groups and the hierarchical of the classifications are as follows: Group 1 Group 2 Chief I Maintenance A (3▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Grounds Lead, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, and Mechanic) Upon Chief II Chief II Night Custodian Fireman Custodial Maintenance B (▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Ground Crew, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, Mechanic and Painter) Courier Maintenance C Custodial
7:6.5 An employee exercising his right to be transferred to the same or lower classification rather than being laid off shall receive the salary rate of the classification to which he is being transferred. Such an employee will be put on the recall list in seniority order of his/her former classification.
7:6.6 An employee who does not exercise his right to be transferred to a lower classification shall be laid off and is eligible only for recall to the classification from which he was laid off.
7:6.7 The provision of Section 7:6.1 shall not, as an alternative to layoff, a regular employee will have the option preclude reclassification of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority the next lower classification for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)which he/she has sufficient seniority.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Section 10.1. The Company shall have the right to lay off employees for business reasons. The Company will provide employees being laid off two (2) weeks advance notice or pay in lieu of such notice or portion thereof. Notice of layoff shall also be given to the Guild.
Section 10.2. In the event of a layoff, the Company in its sole discretion shall determine decisions as to who may be laid off. Factors to be considered shall include but not be limited to work record, employee qualifications, ability to do remaining work and the length of service.
Section 10.3. When it is necessary to reduce the force for economy reasons, the Company shall accept voluntary layoffs in the classification involved, as long as the retained employee is qualified to do the work of the person who volunteered for layoff. Layoffs will be conducted under the terms established in Article X of this agreement. The number of total employees dismissed shall be reduced to the extent that the necessary payroll savings has been achieved by voluntary layoffs.
Section 10.4. Employees dismissed for layoff shall be on a rehire list for six (6) months. The Company will recall employees from the list for openings should they occur within this six (6) month period if the employee has worked in the open position and possesses the necessary qualifications based on the then current job description. The Company shall notify the employee by certified letter with return receipt requested at the employee’s last known address given to the Company. If the certified letter is not signed for by the employee, for whatever reason, the Company is released of all obligations toward said employee for purposes of the recall. The Company may then notify the next employee on the rehire list, if any, or hire as new employee to fill the position.
Section 10.5. The Company’s decisions under Sections 10.1 and 10.2 of this Article are not subject to arbitration.
Section 10.6. Employees who suffer a total loss of employment as a result of a Company layoff shall be afforded the same or comparable severance pay and group benefits as provided to non- bargaining unit employees, subject to the same terms and conditions, in place at the time of the layoff. However, such pay and benefits shall not be less than one (1) Layoff week of regular employees base pay for each year of service with less than a minimum of two (2) weeks to a maximum of twelve (12) weeks severance plus COBRA healthcare care coverage for a minimum of three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within months at the same seniority block and going onto auxiliary recall lists.
(4) A regular prevailing employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time contribution rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)selected coverage.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block as specified in this agreementAppendix 4 - Seniority Blocks.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i13.4(b)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockblock and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 and 15.7 15.4, the vacation scheduling provisions, and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff In the event of regular employees with less than three years' service layoff, probationary employees, as defined in Section 9.01 of this Agreement, in the occupational classification and seniority group affected shall be in reverse order of seniority within a classification and laid off first. If further layoffs are necessary within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) group, such layoffs shall be made by bargaining unit seniority within the occupational classification and (ii) providing seniority group affected; the employee exercising with the least bargaining unit seniority in such an option occupational classification and seniority group shall be the first to be laid off and the last to be recalled. An employee subject to layoff under the forgoing may exercise bumping rights in the following order provided he/she has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same greater bargaining unit seniority block may opt to displace than the employee currently filling the position originally held by being displaced:
1. Displace the employee designated for layoff, providing with the least bargaining unit seniority in any lower rated occupational classification in his/her seniority group; provided the employee exercising such a displacement option has greater seniority and is qualified and able to perform has previously established seniority in that occupational classification in his/her seniority group; or displace the job after a period of familiarizationemployee with the least bargaining unit seniority in an equivalent occupation in his/her present seniority group, provided he/she had established seniority in that occupation while in his/her present seniority group; or displace the employee with the least bargaining unit seniority in an equivalent occupation in any other seniority group in which he/she had established seniority, provided he/she had established seniority in that occupation while in that seniority group.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing 2. Displace the employee exercising this displacement option with the least bargaining unit seniority in any lower rated occupational classification in any other seniority group provided he/she has greater established seniority in that occupational classification and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockgroup.
(iv) The 3. Displace any probationary employee displaced pursuant to (ii) or (iii) shall have in the options contained in (i).
(3) Upon layoffbargaining unit, a regular employee will have provided he/she has the option of displacing the most senior auxiliary employee, within the same seniority block skill and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able ability to perform the work which as determined by the company. Such employee must notify the company in writing of his/her intention to exercise bumping rights within forty-eight (48) hours of the company 's layoff notice. An employee so displaced may similarly exercise his/her rights to displacing another employee in accordance with the same criteria, it being understood, however, that the initial and resultant "bumps" must occur simultaneously so that there will be no delay in the layoff procedures. No employee may "bump" another employee in a higher graded occupational classification. In all cases of layoff, the company will give not less than two (2) weeks notice of contemplated layoffs to the employees affected and to the union. Where, however, such notice is available after a period not feasible, The Company will notify the employee and the union as promptly as possible and give, in lieu of familiarizationsaid notice, two (2) weeks pay, not to exceed eighty (80) hours at the employee's straight time hourly rate.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If a layoff occurs for any reason, the following procedure will be followed:
1. The Superintendent or designee will meet with the Association President or designee and discuss the reduction.
2. The Superintendent or designee will attempt to reduce staff through voluntary termination, reduction in hours and/or layoff by any employee(s).
3. If reduction is still necessary, involuntary transfer language will be invoked. If, after involuntary transfers have been performed, reductions are still required, probationary employee(s) employed in those position(s) where layoffs shall occur shall be the first to be laid off. Employee(s) who are not on probation, in position(s) affected by layoff shall be laid off according to the inverse order of their seniority in that position. Layoff notice shall be given at least fifteen (15) business days prior to the effective date of the layoff.
4. Teacher Assistants will be allowed to bump one or more positions in order to maintain as near as possible their previous hours.
5. End of year layoff for Teacher Assistants: Teacher Assistants layoffs shall follow the procedure as set forth in 1, 2, 3 and 4 above, along with the following:
a. Accompanying the layoff notice, all Teacher Assistants shall receive a packet containing the following: current seniority list including: position, building assignment, teacher, hours, outside duty, and brief summary of job duties, i.e. list of reduction layoffs and openings (see Appendix D, D-1 and D-2).
b. All Teacher Assistants job descriptions will be posted in the lounge of each building.
c. End of year multiple layoffs shall be completed at least two weeks prior to the last day of school.
d. The process shall be completed within (1) Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block as specified in this agreementworking day.
e. The Superintendent’s office will publish the recall schedule for all effected Teacher Assistants at least one (i1) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing week before the employee exercising such an option has the qualifications to meet the requirements of the jobrecall begins.
f. Layoffs occurring during the year (iinot end of year) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoffTeacher Assistants shall follow steps 1, providing the employee exercising such a displacement option has greater seniority 2, 3 and is qualified and able to perform the job after a period of familiarization4 above.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Master Contract Agreement
Layoff. (1a) Layoff For purposes of regular this article, a layoff is defined as a loss of employment by a permanent employee as a result of reorganization or the elimination of his/her position, or as a result of a reduction in the hours worked in his/her position by more than seven (7) hours per week.
(b) Permanent employees with less than three years' service seniority shall be laid off in reverse order of seniority within a classification and within pursuant to the seniority block as specified in this agreement.following subsections:
(i1) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee Permanent employees, designated for layoff, providing shall have the right to bump a more junior bargaining unit employee, provided the senior employee exercising such a displacement option has greater seniority the skill, knowledge and is qualified and able ability to perform the job after a period of familiarizationduties required.
(iii2) If an employee Upward bumping to a higher paid classification is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising permitted under this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i)article.
(3) Upon layoff, When a regular senior employee will have the option of displacing the most senior auxiliary bumps a junior employee, within the same seniority block and going onto auxiliary recall listssenior employee shall assume the hours of work of the position into which he/she bumps.
(c) To be eligible to bump a more junior employee under this article, employees designated for layoff must notify the Director or designate of their intention to do so, within five (5) regular business days after being so designated. Failure by the employee to do so shall result in loss of all bumping rights.
(d) The Employer shall notify employees designated for layoff, four (4) A regular employee who chooses calendar weeks prior to go onto the auxiliary recall list pursuant effective date of their layoff. After three (3) years of continuous service, an additional calendar week's notice shall be provided for each year of continuous service, to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes maximum of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in eight (b8) calendar weeks' notice.
(e) below. Where an employee loses regular status by failing to maintain 1200 hours bumps a more junior employee under this article, the change in 26 pay periods as referenced above, their previous regular service seniority job and/or location shall be credited as auxiliary seniority for entirely at the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)employee's expense.
(5f) Notwithstanding (1)As an alternative to the layoff of a junior employee under this article, (2) a senior employee may voluntarily offer to take layoff and (3) aboveto be placed on the recall list, regular employees provided the junior employee to be retained shall be qualified has the skill, knowledge and able ability to perform the work which is available after a period of familiarizationavailable.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1a) Layoff When it is determined by the Company that a reduction in the workforce is necessary that will last more than 2 weeks it will provide a minimum of regular 1 week notice to the employees with to be laid off, unless the layoff is caused by emergent unforeseen circumstances . For layoffs of less than three years' service seniority two weeks it will provide notice to employees in accordance with the Employment Standards Act. The procedure described in this article shall be administered in a reasonable manner.
(b) Layoffs of employees within a classification will be based on the reverse order of seniority within provided they have the qualifications to perform the available work.
(c) Where a layoff is to exceed 6 weeks, affected employees, in order of seniority, shall be assigned by the company to displace the most junior employee in a classification at the same level provided that such employee is more junior and the displacing employee has the proven qualifications to perform the job in question.
(d) Failing such placement, affected employees, in order of seniority, shall be assigned by the company to displace the most junior employee in the next lower classification provided that such employee is more junior and the displacing employee has the proven qualifications to perform the job in question.
(e) Failing such placement, the employee shall be assigned to the job performed by the next most junior employee within that classification provided that such employee is more junior and the seniority block as specified displacing employee has the proven qualifications to perform the job in this agreementquestion.
(f) If the employee is incapable of being assigned to any position in that classification the process shall be repeated in the next lower classification, and so on, until the employee is placed or it is determined that no appropriate position exists, in which case he/she shall be laid off.
(g) An employee so assigned will be paid the rate for the position to which he/she is assigned.
(h) Employees displaced shall be assigned in a similar manner.
(i) A regular An employee designated for layoff who does not wish to accept the position to which he/she has been assigned may opt elect to use Clause 13.4(c)(2)(ibe laid off.
(i) and (ii) providing Recall of laid off employees to available vacancies in their previously held positions shall prevail over job posting provisions in article 12.04. Laid off employees shall be offered reinstatement to employment in their classification on the employee exercising such an option has basis of seniority in reverse order of their layoff, provided they have the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationavailable work.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Subject to Article 13.1 (1above):
(a) Layoff of regular full-time employees with less than three years' service seniority shall be in reverse order of service seniority within a classification and within seniority blocks. Where the seniority block as specified employee's position is relocated, he/she shall be offered the position in this agreementthe new location. An employee may decline such an offer.
(ib) A regular employee designated for layoff may opt The Employer shall notify employees affected by this Article in writing, twenty (20) work days prior to use Clause 13.4(c)(2)(i) and (ii) providing the effective date. Copies of such notifications will be forwarded to the local Area Office. If the employee exercising such an option has not had the qualifications opportunity to meet the requirements work twenty (20) full days after notice of layoff, he/she shall be paid in lieu of work for that part of the jobtwenty (20) days during which work was not made available.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3c) Upon layoff, a regular full-time employee will have the option of displacing going on the most senior auxiliary employee, recall list ahead of part- time employees within the same seniority block and going onto auxiliary recall listswill retain his regular status for a period of one (1) year after his/her last layoff from a period of regular employment; or
(d) An employee affected by layoff shall bump someone with less seniority in another classification within the seniority block providing they have the ability and qualifications to perform the duties of the position; or
(e) Fill a vacancy in another seniority block within the specific contract area provided the employee has the necessary qualifications to perform the job. Relocation expenses shall be paid by the employee; or
(f) Full-time employees accepting layoff under this Article shall be entitled to resign with severance pay based upon years of service, as follows: - three (3) weeks' pay at current wages for each year of service with the government or YRB; - a regular employee will not receive an amount greater than six (6) months' current salary. No severance pay will be paid from YRB if employees are offered a job with the new contractor in the event YRB loses the contract.
(4g) A regular employee who chooses Red circling shall apply to go onto the auxiliary recall list pursuant to employees impacted under this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)Article.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 31:01 Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a layoff, permanent Commission employees shall be laid off within their classification in the reverse order of their bargaining unit wide seniority.
31:02 If a reduction of permanent employees is necessary due to a shortage of work or for reasons beyond the control of the Commission, the Commission shall meet with and advise the Union of the proposed reduction and the jobs affected prior to layoff notices being issued.
31:03 The Commission shall notify employees who are to be laid off thirty (30) days prior to the effective date of the layoff. The notice shall give the reasons for the layoff and its expected duration. If an employee has not had the opportunity to work the days as provided in this Article, he shall be paid for the days in which work was not made available.
31:04 Employees laid off shall be placed on a reemployment list with a copy furnished to the Union and shall be called back to work as required within their classification beginning with the most senior employee and descending from there.
(a) Notice of reemployment to an employee who has been laid off shall be made by registered mail to the last known address of such employee filed by the employee. If an employee fails to reply within one (1) Layoff week of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block as specified in this agreement.such recall
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an An employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced abovewho is recalled for work, their previous regular service seniority shall be credited allowed a minimum of two (2) full weeks to report to work or such longer period of time as auxiliary seniority for may be agreed upon by the purposes Commission and the employee.
31:06 No new employee shall be hired until those laid off have been given an opportunity of recall.
31:07 By written agreement, the employee may elect to terminate and receive Retirement/Termination Allowance, as provided in Article 50 at the time of layoff and recall onlythus waive his right to be placed on the reemployment list. Calculation In any case, the employee shall automatically be based on 1827 hours terminated after twelve (12) months of auxiliary seniority per year of regular service seniority (prorated for partial years)continuous layoff at which time the employee will be paid any Termination Allowance to which the employee is entitled.
(5) Notwithstanding (1)31:08 When a dispute arises concerning an employee’s layoff, (2) and (3) above, regular employees to be retained shall be qualified and able to perform he may grieve commencing at Step 3 of the work which is available after a period of familiarizationGrievance Procedure.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1a) Layoff of regular employees with less than three years' service seniority When it is necessary to reduce the workforce, layoffs shall be done by classification. Any bumping which may ensue, shall be done outside of the employee’s classification. For purposes of this clause, the classifications shall be defined as: Process Operators Technician, Supply Cycle Trades (Mechanical) Technician, Laboratory Trades (Instrumentation/Electrical) Fire Safety Technicians Planners Material Flow Technicians Rail Loaders Probationary employees will be laid off first before seniority employees. Where the Company determines that it is necessary to reduce the number of employees in a classification, layoffs shall be done in reverse order of seniority within as amongst employees in the classification(s) to be reduced.
b) If an employee has been designated for layoff from his classification pursuant to the above process, he may use his plant seniority to bump a junior employee in another classification and within on the seniority block as specified in this agreement.following conditions:
(i) A regular The senior employee designated for layoff may opt must have the ability to use Clause 13.4(c)(2)(iperform the available work to the job standard with a ten (10) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.working day familiarization period; and
(ii) He shall assume the rate of pay for the job to which he has moved. If there are no vacancies available an a senior employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform more than one job, (as above described) outside of his classification, the Company retains the right to decide into which job after a period of familiarizationthe senior employee shall move to avoid layoff. The Company will meet with the Union to receive and consider input with respect to the overall bumping plan for affected employees.
(iiic) If an An employee who is not placed through bumped by a senior employee seeking to avoid a layoff shall himself have the option of (a)(2)(ii) above, then they may opt right to displace the another junior employee currently filling a position within that classification originally held, providing on the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified basis described in (b) belowabove. Where an The employee loses regular status by failing who is then bumped shall not himself have the right to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall onlydisplace any other employee. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)The Company may reassign him to other work or may lay him off.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (A. Persons subject to layoff will be affected by the following procedures:
1) Layoff Classified employees selected for layoff will receive written notice thirty (30) calendar days prior to the effective date of regular employees with less than three years' service seniority the layoff, or as soon as possible. Failure to give this notice requirement is not subject to the grievance procedure or binding arbitration or review by any other administrative agency. Employees in Classifications identified for layoff shall be laid off in reverse order of seniority within a classification and beginning with the least senior employee.
2) Classified employees selected for layoff will have “bumping” rights based on seniority.
3) Classified employees selected for layoff will be considered for placement in any vacant position(s) within the seniority block as specified employee’s job classification for which they are qualified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements lieu of the job.
(ii) “bumping” other employees. If there are no vacancies available an employee promoted from another position such openings within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) abovethat classification, then they may opt to displace will be considered for equal or lower paying positions within the junior employee currently filling a position within that employee’s job classification originally held, providing group for which they are eligible. Such placement results in the employee exercising this displacement option has greater seniority and having regular employment in the new job, with no recall rights to the former job. Instead of accepting any such placement which is qualified and able offered, the employee may elect to perform bump, as described in paragraph B, or may elect to be placed on the job after a period of familiarizationrecall list as described in paragraph 6.3. This option shall be exercised only within the same seniority block.Roseburg Public Schools 2019-2020 Classified Agreement
(ivB. Affected employees may elect to “bump”
1) The least senior employee displaced pursuant in their classification group; however, “bumping” will be limited to (ii) positions requiring equal or (iii) shall have fewer qualifications. Employees may not bump into a higher-level position, or greater hours, even though it may be part of the options contained in (i).
(3) Upon layoff, a regular employee classification group. The order of the “bumping” option will have the option of displacing be given to the most senior auxiliary employee, affected employee first. A refusal to elect the “bumping” option within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
five (5) Notwithstanding (1), (District business days from the date of written notice will effectively waive the employee’s rights to “bump” and he/she will be placed on the layoff list; or
2) and The least senior employee in a position outside the current classification group if the affected employee held that position for six (36) months during the last five (5) years of employment.
C. Employees affected by paragraphs A or B, above, regular employees to be retained shall be qualified and able to perform will enter the work new position at the experience step level held in the position from which is available after a period of familiarizationthey were laid off.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff.
7.1 In the event it becomes necessary to effect a reduction in the work force in any classification or position in any work unit, the City shall notify affected employees and the Union in writing at least fifteen (115) calendar days in advance of the effective date, except in emergency situations.
7.2 Layoff of regular employees with less than three years' service seniority order shall be established within the City by department on the basis of seniority. If it is found that two (2) or more persons within the same classification have equal seniority, seniority for these individuals shall be determined by the date the employees were appointed by the department to that classification. If a tie still exists, the tie shall be broken by drawing lots. Employees shall be laid off in reverse order of seniority within seniority, except as modified in Section 7.3 of this Agreement. Laid off employees shall have the right to bump into lower level regular or temporary positions as outlined in Section 7.5 of this Agreement. A lower level position is defined as any position in a classification and within the seniority block as specified in this agreementemployee’s department with a lower maximum pay rate than the classifications of the position being laid off.
(i) A regular 7.3 The City may make an exception to the order of layoff when the retention of an employee designated with unique skills is necessary for layoff may opt the efficient operation of the department. Such action shall be taken only for articulated, job-related reasons and substantiated by written documentation.
7.4 The qualification of an employee to use Clause 13.4(c)(2)(i) bump shall depend upon that employee demonstrating current possession of the required certifications, knowledge and (ii) providing the employee exercising such an option has the qualifications skill to meet the requirements minimum qualifications of the jobposition prior to bumping. In addition, bumping employees must demonstrate the ability to perform on the job at a satisfactory level of performance within thirty (30) days. Between the twentieth (20th) and the thirtieth (30th) day of this period, the City will provide the employee either with notification of satisfactory performance or a minimum of ten (10) working days’ notice of intention to terminate the employee. Any such terminated employee will retain all layoff rights related to the classification from which the employee was originally laid off.
(ii) If there are no vacancies available an 7.5 Laid off employees shall have the following options:
a. Accept the layoff.
b. Request assignment to a vacant lower level bargaining unit or temporary position, provided the employee promoted from another is qualified for the position as described in Section 7.4 of this Agreement.
c. Displace the employee with the lowest seniority in the same classification within the same seniority block may opt to displace department within the City, provided the employee currently filling is qualified for the position originally held by as described in Section 7.4 of this Agreement.
d. Displace the employee designated for layoffwith the lowest seniority in a lower level classification within the same department within in the City, providing provided the displacing employee exercising such a displacement option has greater seniority is more senior and is qualified for the position as described in Section 7.4 of this Agreement.
7.6 Temporary and able seasonal employees will not be used to perform fill laid off bargaining unit positions. Within a classification, all temporary and seasonal employees will be terminated, and probationary employees shall be laid off before any regular bargaining unit employee is laid off.
7.7 An employee who displaces an employee in a lower pay range will be paid at the job after top step in the lower salary range which most closely approximates the employee’s current pay rate. However, no bumping employee shall be paid at a rate that exceeds the maximum step of the lower salary range. The employee may request and shall be paid for all accrued compensatory time at the rate being earned prior to layoff.
7.8 An employee who is left with no position to bump into as provided in Article 6 of this Agreement shall be laid off from employment and shall be eligible, for a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.two
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1a) Layoff of regular employees with less than three years' service seniority When it is necessary to reduce the workforce, layoffs shall be done by classification. Any bumping which may ensue, shall be done outside of the employee’s classification. For purposes of this clause, the classifications shall be defined as: Process Operators Technician, Supply Cycle Trades (Mechanical) Technician, Laboratory Trades (Instrumentation/Electrical) Planners Material Flow Technicians Rail Loaders Probationary employees will be laid off first before seniority employees. Where the Company determines that it is necessary to reduce the number of employees in a classification, layoffs shall be done in reverse order of seniority within as amongst employees in the classification(s) to be reduced.
b) If an employee has been designated for layoff from his classification pursuant to the above process, he may use his plant seniority to bump a junior employee in another classification and within on the seniority block as specified in this agreement.following conditions:
(i) A regular The senior employee designated for layoff may opt must have the ability to use Clause 13.4(c)(2)(iperform the available work to the job standard with a ten (10) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.working day familiarization period; and
(ii) He shall assume the rate of pay for the job to which he has moved after one year. If there are no vacancies available an a senior employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform more than one job, (as above described) outside of his classification, the Company retains the right to decide into which job after a period of familiarizationthe senior employee shall move to avoid layoff. The Company will meet with the Union to receive and consider input with respect to the overall bumping plan for affected employees.
(iiic) If an An employee who is not placed through bumped by a senior employee seeking to avoid a layoff shall himself have the option of (a)(2)(ii) above, then they may opt right to displace the another junior employee currently filling a position within that classification originally held, providing on the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified basis described in (b) belowabove. Where The employee who is then bumped shall not himself have the right to displace any other employee. The Company may reassign him to other work or may lay him off.
d) In preference to permanent layoff, employees who have at least one year of service may request to accept severance pay and terminate their employment.
e) The company will reimburse an employee loses regular status by failing for training and/or moving costs incurred within two years of termination to maintain 1200 hours in 26 pay periods as referenced abovea maximum of two thousand dollars ($2000), their previous regular service seniority shall be credited as auxiliary seniority provided such expense is for the purposes purpose of layoff an outside employment opportunity, less any other training or moving subsidy available to the employee. Training costs will include registration, tuition fees, books, and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)examination fees.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1a) Layoff In the event of regular employees with less than three years' service seniority an extended layoff the Company and the Local Union shall meet and review the procedures as a result of any juris- dictional bumping. The least senior employee in the classification affected will be in reverse order of seniority within a classification and within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff laid off or he/she may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt elect to displace the least senior employee currently filling the position originally held by in any other classification provided he/she is se- nior to the employee designated for layoffhe/she is displacing. The displaced employees may then exercise his/her seniority in the same manner in any other classification until the least senior employee is laid off. In all other cases when a bid job is consolidated, providing discontinued or suspended, the employee exercising such a displacement option has greater seniority shall work as assigned. In the event the bid job is not restored after fifteen (15) workdays, the employee affected may elect to displace any employee in his/her or any other classification provided he/she is senior to the employee he/she is displacing and is qualified and able to perform the job selected. The displaced employee may then exercise his/her seniority in the same manner. Moves result- ing from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such displacement shall be made after thirty (30) days. When there are junior people in the package driver classification working in a period building and there are senior people in the same classi- fication who are on layoff in another building within the jurisdiction of familiarizationthe Local and in the same UPS District, pursuant to the preceding paragraph, the senior person will be allowed to take the work by virtue of their seniority in the package classification for the duration of the layoff. When their bid job is again available, the employee shall return to the original center unless a job is posted for bid then the applicable bidding process pursuant to the contract shall prevail.
(iiib) Full-time employees who have attained full-time seniority pri- or to August 1, 2013, who may be subject to layoff will be assigned to displace one (1) or more part-time employees in the building if any part-time employees are working in that building. In such case, said employee will be provided with eight (8) contin- uous hours of work at the appropriate rate for the classification of work performed, except that:
1. If an said employee displaces a part-time employee and continues to perform the same work as his/her full-time assignment, he/she will continue to receive his/her regular rate of pay.
2. If in the building there is a part-time employee receiving a wage rate higher than that of the displaced part-time employee(s), the full-time employee will receive such higher rate.
(c) Full-time employees who have attained full-time seniority after August 1, 2018 who may be subject to layoff, will be afforded the opportunity to work part-time on one (1) or two (2) shifts in their building. Said employees who have completed their full-time pro- gression and are receiving top rate of pay in their classification will be paid the top rate of pay provided in Article 41, Section 3, for each hour of work, whether they displace one (1) or two (2) part- time employees.
(1) Said employees will be provide with eight (8) continuous hours of work, if available in their building. When eight (8) continuous hours of work is not placed through available, said employees will be afforded the option opportunity to work part-time one (1) or two (2) shifts in their building, including split shifts, if available. The determination of the availability of eight (a)(2)(ii8) continuous hours will be made by the Labor Manager, Division Manager and the Local Union. It will not be predicated on the creation of work that does not already exist.
(2) aboveFor employees covered by the Article 57, then they Section 3 (c) who have not completed the full-time progression in their classification, the part-time rate of pay will be established according to their Com- pany date of hire.
(d) When ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇ ▇▇▇ ▇ (▇), (▇) and (C) above do not apply, the following shall: Full- time seniority employee in the order of their seniority may opt elect to take the work of part-time workers, if any, for the duration of the layoff. In such cases, the full-time seniority employees will be guaranteed three (3) hours’ work at the appropriate rate for the classification of work performed, in addition to all fringe benefits.
(e) Section 3 (A), (B), (C) and (D) shall not apply when:
1. The Company shall have the right to lay off employees by clas- sification, in seniority order, for one (1) day, excluding Regular Package Car Drivers. The laid-off employees, in seniority order, may elect to displace the junior employee currently filling a position within that classification originally heldleast senior employees working in the building as loaders (excluding pre-load) or unloaders, providing provided the employee exercising this displacement option has greater seniority and is qualified and able selection does not interfere with their regularly scheduled job. Full-time employees electing to perform displace part time loaders or un- loaders will be paid at their regular rate for the job after a period of familiarization. This option shall be exercised only within hours worked on the same seniority blockpart-time job.
(iv) The employee displaced pursuant to (ii) or (iii) shall have 2. During the options contained in (i).
first three (3) Upon layoffdays of emergencies beyond the Em- ployer’s control, such as fire, flood, snowstorm, power failure, T.O.F.C. delays. During strikes against UPS or other companies which require a regular employee will have the option re- duction of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarizationforce.
Appears in 1 contract
Sources: Supplemental Agreement
Layoff. (A. Persons subject to layoff will be affected by the following procedures:
1) Layoff Classified employees selected for layoff will receive written notice at least thirty (30) calendar days prior to the effective date of regular employees with less than three years' service seniority the layoff, or as soon as possible. Employees in classifications identified for layoff shall be laid off in reverse order of seniority within a classification and beginning with the least senior employee.
2) Classified employees selected for layoff will have “bumping” rights based on seniority.
3) Classified employees selected for layoff will be considered for placement in any vacant position(s) within the seniority block as specified employee’s job classification for which they are qualified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements lieu of the job.
(ii) “bumping” other employees. If there are no vacancies available an employee promoted from another position such openings within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) abovethat classification, then they may opt to displace will be considered for equal or lower paying positions within the junior employee currently filling a position within that employee’s job classification originally held, providing group for which they are eligible. Such placement results in the employee exercising this displacement option has greater seniority and having regular employment in the new job, with no recall rights to the former job. Instead of accepting any such placement which is qualified and able offered, the employee may elect to perform bump, as described in Article 6.2.B, or may elect to be placed on the job after a period of familiarization. This option shall be exercised only within the same seniority blockrecall list as described in Article 6.3.
(ivB. Affected employees may elect to “bump:”
1) The least senior employee displaced pursuant in their classification group; however, “bumping” will be limited to (ii) positions requiring equal or (iii) shall have fewer qualifications. Employees may not bump into a higher-level position, or greater hours, even though it may be part of the options contained in (i).
(3) Upon layoff, a regular employee classification group. The order of the “bumping” option will have the option of displacing be given to the most senior auxiliary employee, affected employee first. A refusal to elect the “bumping” option within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
five (5) Notwithstanding (1), (district business days from the date of written notice will effectively waive the employee’s rights to “bump” and they will be placed on the layoff list; or
2) and The least senior employee in a position outside their current classification group if the affected employee held that position for at least six (36) above, regular employees to be retained shall be qualified and able to perform months during the work last five (5) years of employment.
C. Employees affected by Articles 6.2.A or 6.2.B will enter the new position at the experience step level held in the position from which is available after a period of familiarizationthey were laid off.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees The employee to be laid off shall be the employee with less than three years' the least service seniority shall be in reverse order of seniority within a the same classification and within the same seniority block as specified in this agreementblock.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i13.5(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockblock and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall listslists with the Employer within the geographic boundaries of the seniority block.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Pre adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 – Notice of Work Schedules and 15.7 15.4 – Short Changeover Premium, the vacation scheduling provisions and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1a) Layoff In the event of regular employees with less than three years' service seniority an extended layoff the Company and the Local Union shall meet and review the procedures as a result of any jurisdictional bumping. occasioned by post Christmas volume decline, The least senior employee in the classification affected will be laid off or he may elect to dis- place the least senior employee in reverse order of seniority within a any other classification and within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt pro- vided he is senior to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within he is displacing. The dis- placed employees may then exercise his seniority in the same seniority block may opt to displace manner in any other classification until the least senior employee is laid off. In all other cases when a bid job is con- solidated, discontinued or suspended, the employee currently filling shall work as assigned. In the position originally held by event the bid job is not restored after fif- teen (15) workdays, the employee designated for layoff, providing affected may elect to dis- place any employee in his or any other classification provided he is senior to the employee exercising such a displacement option has greater seniority he is displacing and is qualified and able to perform the job selected.+ The displaced employee may then exercise his seniority in the same manner. Moves resulting from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such displacement shall be made after thirty (30) days. When there are junior people in the package driver classi- fication working in a period building and there are senior people in the same classification who are on layoff in another building within the jurisdiction of familiarizationthe Local and in the same UPS District, pursuant to the preceding paragraph, the senior person will be allowed to take the work by virtue of their seniority in the package classification for the duration of the layoff. When their bid job is again available, the employee shall return to the original center unless a job is posted for bid then the applicable bidding process pursuant to the contract shall prevail.
(iiib) If an employee is not placed through the option of (a)(2)(ii) aboveFull-time seniority employees hired prior to August 1, then they 1993 1997 who may opt be subject to layoff will be assigned to displace one (1) or more part-time employees in the junior building if any part-time employees are working in that building. In such case, said employee currently filling will be provided with eight (8) continuous hours of work at the appropriate rate for the classi- fication of work performed, except that:
1. If said employee displaces a position within that classification originally held, providing the part-time employee exercising this displacement option has greater seniority and is qualified and able contin- ues to perform the job after same work as his full-time assignment, he will continue to receive his regular rate of pay.
2. If in the building there is a period part-time employee receiving a wage rate higher than that of familiarization. This option shall be exercised only within the same seniority blockdisplaced part-time employ- ee(s), the full-time employee will receive such higher rate.
(ivc) The employee displaced pursuant Full-time seniority employees hired after August 1, 1993 who may be subject to layoff will be afforded the opportunity to work part-time on one (ii1) or two (iii2) shall have the options contained shifts in (i).
(3) Upon layofftheir building. The laid off full-time employees hired after August 1, a regular employee will have the option of displacing the most senior auxiliary employee1993, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straightpart-time rate within the previous 26 of pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered established according to their company date of hire. This condition will exist for all full-time employees hired after August 1, 1993, until they have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, completed their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), two (2) year progression and (3) above, regular employees are receiving the top rate of pay in their clas- sification. At this completion they will be entitled to be retained shall be qualified and able to perform the work which is available after a period of familiarization.nor-
Appears in 1 contract
Sources: Supplemental Agreement
Layoff. The Employer shall give each Part Time Permanent and Full Time Permanent Employee in the Bargaining Unit two (12) Layoff weeks' notice, in writing, of regular employees with less than three yearslayoff, or two (2) weeks' service seniority pay in lieu of notice. The Employer will provide two (2) weeks' written notice to Probationary or Relief Employees. payment in lieu of notice is an option. In the event of a staff reduction, or a reduction of hours of an Employee in any classification, Employees shall be declared surplus in reverse order of their seniority within a their classification and within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoffSeniority List. Notice that an Employee is surplus shall be handed to the Employee and a signed acknowledgment requested, if the Employee is at work. In the event that the Employee is not at work, the notice shall be sent by Registered Mail to the last address on record with the Employer. The Employee who has been declared surplus shall have the right to bump anyone with seniority in any classification, excluding the Referral Clerk, providing the skill and ability and special qualifications as designated by the employer have been met. An Employee declared surplus must exercise bumping rights within five (5) business working days from receipt of notice. The precipitating events that invoke bumping rights are deemed to be surplus positions caused by layoff. An Employee who has been displaced by another employee exercising such a displacement option has greater their bumping rights shall in turn have the right to bump any one, excluding the Referral Clerk, with less seniority and is qualified and able to perform the job after a period within five (5) calendar days from receipt of familiarization.
notice. Employees who have been laid off shall be recalled in order of seniority (iiimost senior first) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally heldJob Posting Procedure, providing the employee exercising this displacement option has greater seniority skill and is qualified ability and able to perform special qualifications as designated by the job after a period of familiarization. This option shall be exercised only within the same seniority blockEmployer have been met.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. A. Whenever the Board of Supervisors determines in its sole discretion that it is necessary to abolish any position of employment, the employee holding that position may be laid off without disciplinary action and without the right of appeal.
B. An employee being laid off shall be given at least fourteen (114) Layoff days prior notice of regular the layoff date.
C. Layoffs shall be done in seniority order per section (D) below. At least thirty (30) days before the effective date of a layoff, the Director of Human Resources will provide the Union with the performance evaluation scores within the affected department, including the name and job classification of each listed employee. The Union will maintain the confidentiality of these scores except to the minimum extent necessary to carry out its role in representing the employee(s).
D. In each class (e.g., Attorney I, Attorney II, Attorney III, Attorney IV, Attorney V), employees with less than three yearsshall be laid off according to employment status and seniority order in the following order within affected job classification within the affected department: • any non-employee attorneys (e.g., volunteer attorneys, externs or contract attorneys), • an employee whose most recent performance evaluation had an overall rating of does not meet expectations, • an employee who has not completed his/her initial probationary period, • by evaluation score of employees' service most recent performance evaluations in inverse order (lowest score is laid off first). In the event that there are more employees within the same employment status category listed above who are tied in seniority and the number of these tied employees exceeds the number of positions to be laid off, any layoff shall then be by inverse order of seniority by County date of hire. If after inverse seniority is used as a tie breaker, there are more employees within the same employment status who are tied and the number of these tied employees exceeds the number of positions to be laid off , then the Director of Human Resources or his designated representative shall develop and distribute a list of ties to the Union and notify the Union of the time and place for the tie breaking activity. The Union shall have the right to have a representative present. The Director of Human Resources or his designated representative shall determine the order of layoff by selecting cards at random from a deck of standard playing cards. The person in the tied group of employees receiving the smallest denomination of playing cards shall be laid off first, the person receiving the next smallest card shall be laid off next, ext. Each employee shall receive an annual performance evaluation on approximately his/her position anniversary date. An employee may not retreat to a previously held class. E. Recall of employees will be in reverse order of seniority within layoff. Employees separated through layoff will be certified to positions in the class in which they were separated on a classification and within one-for-one basis if the seniority block as specified opening occurs in the department in which the layoff occurred. Certifications in this agreement.
(i) A regular employee designated for manner will be made from the layoff may opt eligible list in the reverse order in which the employees were laid off, the last to use Clause 13.4(c)(2)(i) and (ii) providing be laid off will be the employee exercising such an option has the qualifications first to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted be certified. Departments shall first hire from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoffa recall employment lists, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option which shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall take precedence over all other employment lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Memorandum of Understanding
Layoff. (1) Layoff of regular employees with The NTPS shall further notify the Board and Association, in writing, not less than three yearsseven (7) business days before he/she initiates a request for nullification or limitation of his/her certificates, endorsements, licenses, or approval. In the event of necessary layoff due to a decreased student enrollment or shortage of revenue, changes, revisions, or elimination in programs the order of reduction shall be
1. In the event it becomes necessary to reduce the number of NTPSs through layoff of employment, or to reduce the number of NTPSs in a given subject area, field, or program, or eliminate or consolidate position(s), the Board shall determine the order of layoff provided, however, such action shall not be contrary to this Section
A. The Board shall endeavor to give forty-five (45) calendar days' service seniority notice of layoff to the individual involved, and in any event, thirty (30) calendar days' notice shall be given in reverse all cases.
2. It is further agreed that any layoff pursuant to this Article shall automatically terminate the individual employment contract of all laid off a NTPSs and shall suspend for the duration of the layoff, the Board's obligation to pay salary or fringe benefits and any laid off NTPS’s individual or supplemental employment contract as well as all benefits under this collective bargaining agreement, except that any NTPS on layoff pursuant to this Article shall have their hospital and dental insurance extended for three (3) months.
3. Any NTPS on layoff shall be recalled in inverse order of seniority within a classification layoff provided he/she is certified and within qualified for the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing vacancy. No new NTPS shall be employed by the employee exercising such an option has the qualifications to meet the requirements Board while there are NTPSs of the job.
(ii) If District who are laid off unless there are no vacancies laid off NTPSs with proper certification and qualifications to fill any non-teaching vacancy which may arise.
4. The Board shall give written notice of recall from layoff by sending a certified letter to said NTPS at his/her last known address. It shall be the responsibility of each NTPS to notify the Board of any change in address. The NTPS’s address as it appears on the Board's records shall be conclusive when used in connection with layoffs, recall, or other notice to the NTPS. If a NTPS fails to report as being available to work ten (10) calendar days from date of sending of the recall, unless an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held extension is granted in writing by the employee designated for layoffBoard, providing said NTPS shall be considered as a voluntary quit and shall thereby terminate his/her individual employment contract and any other employment relationship with the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationBoard.
(iii) If an employee is not placed through 5. A laid off NTPS shall, upon application, be granted priority status on the option of (a)(2)(ii) aboveDistrict substitute teaching list, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees such priority to be retained shall be qualified and able determined according to perform the work which is available after a period of familiarizationseniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority 7.01 If a reduction in staff is necessary the Union shall be in reverse order consulted by the Company and privileged to present recommendations which will be considered by the Company prior to a decision by the Company. In cases where time does not permit such prior consultation the Company will take temporary action only until the recommendations of seniority within a classification and within the seniority block as specified in this agreementUnion can be considered.
(i) A regular 7.02 In the event of a reduction in staff, the most junior employee designated for layoff may opt to use Clause 13.4(c)(2)(i) shall be laid off first and (ii) providing the most senior employee exercising such an option has the qualifications to meet the requirements of the joblast.
(iia) If there are no vacancies available an An employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held affected by the employee designated for a layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period reduction of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a staff or position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option elimination shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within an employee with less seniority in the same seniority block and going onto auxiliary recall listsor lower salary group provided they have the qualifications required to perform the job.
b) If no same or lower salary group position exists the employee shall be allowed to displace any employee with less seniority in the next higher group available.
c) The displaced employee shall follow the process established above in displacing employees with less seniority than them.
d) An employee so affected shall be on a trial period for the first thirty (430) A regular days. If during the first thirty (30) days the employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be is considered to have auxiliary status be unsuitable for purposes the position, or if the employee considers the position unsuitable for them, they shall be allowed to displace another employee with less seniority in the same or lower salary group than the position they originally had, provided such position exists. The trial basis may be extended by mutual agreement between the parties.
e) The Company will provide on-the-job or special training as required during the trial period.
a) For permanent loss of Clauses 15.6 and 15.7 vacation scheduling and employment, notice of layoff as specified in (b) belowshall be given an employee, other than a probationary employee, or employees hired for work of known temporary durations, two weeks before they are scheduled to be laid off. Where an employee loses regular status by failing is laid off due to maintain 1200 hours a Company decision to permanently eliminate a position then that employee may elect to terminate and not be eligible for recall as described in 26 6.11 of this agreement. If the employee makes such election within thirty (30) days of the date the elimination is deemed permanent then the employee will receive severance pay periods as referenced above, their previous regular service seniority on the following basis: 52 weeks
b) No employee shall be credited as auxiliary seniority eligible for the purposes of layoff severance payment under both Article 10 (Technological Change) and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority Article 6 (prorated for partial yearsSeniority).
c) Where a temporary curtailment of mill operation is planned the Company will endeavor to give the Union as much notice as possible.
d) Enhancements in Severance Allowance achieved by the CEP (5Unifor) Notwithstanding through collective bargaining will be incorporated into this agreement.
a) An employee who is laid off shall be subject to recall in order to seniority, subject to their qualifications to fill the available position, but shall have no rights as an employee under this agreement save the right of recall in order of seniority and welfare and benefit coverage in accordance with 6.11 (b). Employees shall retain their seniority for one year from the date of layoff, plus one additional month for each year of continuous service up to an additional 12 months. Employees who are on the recall list and are called back for temporary work assignments shall have their recall rights extended by one (1), ) day for every one (21) day or part thereof worked.
b) The following Company-paid benefit plans will remain in effect for employees with one (1) or more years seniority for six (6) months and for employees with more than four (4) months but less than one (1) year’s seniority for three (3) above, regular employees to be retained shall be qualified months while on layoff:
(i) Group Life Insurance Plan
(ii) Provincial Health Plans and able to perform the work which is available after a period of familiarization.Extended Health Benefit Plan
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff of regular employees with less than three (3) years' service seniority shall be in reverse order of seniority within a classification and within the seniority block blocks as specified in this agreementAppendix 3—Seniority Blocks.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockblock and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employeeemployee in the Business Practices & Consumer Protection Authority, within the same seniority block and going onto auxiliary recall listslists within the Business Practices & Consumer Protection Authority within the geographic boundaries of the seniority block.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 twelve hundred (1200) hours worked at the straight-time rate within the previous 26 twenty-six (26) pay periods except as provided under Article 21 - 21—Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 and 15.7 15.4 of the agreement, the vacation scheduling provisions of this agreement and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 twelve hundred (1200) hours in 26 twenty-six (26) pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 one thousand eight hundred twenty-seven (1827) hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff In the event it becomes necessary through layoff to reduce the number of regular employees with less than three years' service seniority employees, the proposed reductions shall be discussed with the Association prior to implementation.
1. The Board shall lay off in reverse order of seniority within based solely on District staffing needs in areas of certification/qualification (see Article 9 B & C) and employee’s next school year’s assignments. The next school year assignment is defined as 50% of the employee’s present teaching assignment, as on record in the Human Resources Office. In addition, when there is a classification and need to reduce in any of the following areas, the Board shall layoff only within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) affected job category(ies): School Social Workers, School Nurses, School Psychologists, Occupational Therapists, Physical Therapists, and (ii) providing Speech Therapists. Because of the employee exercising such an option has the qualifications inadequate number of teachers with bilingual or ESL endorsement to meet the requirements program needs, a teacher possessing State of the jobMichigan teaching certification and who is highly qualified (see Article 9 B & C) and who possesses either a bilingual or ESL endorsement on that certificate, and who is currently working in a position that requires bilingual or ESL endorsement, shall not be laid-off.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization2. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list Any layoff pursuant to this sectionAgreement shall automatically terminate the individual's employment contract and all Board paid benefits allowed therein. A laid off employee who has worked the whole school year shall receive Board- paid insurance benefits through August 31. Upon recall (whether to a permanent or temporary assignment), the individual's employment contract and all benefits under this Master Agreement shall retain their regular status unless they fail be reinstated in full.
3. The Board shall give no less than thirty (30) calendar days' notice before the start of the school year or the start of the 2nd semester to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods employee(s) being laid off (except as provided under specified below in Article 21 - Maternity10 B. 4). In addition, Parental the Board shall give notices no less than 30 calendar days before the beginning of the second trimester for layoffs at schools with trimester schedules.
4. In conjunction with Article 21, Section A., it is intended that this Article takes precedence over and Pre-Adoption Leave; but a regular employee governs the individual contract, and the individual contract is expressly conditioned upon this Article.
5. Seniority shall continue to accrue through layoff subject only to the limitations of Section A., 4. above.
6. Any bargaining unit member who collects unemployment compensation during the summer months (MESC's "summer denial period") and who is recalled to auxiliary before the start of his/her normal work will be considered to have auxiliary status for purposes year so that he/she suffers no actual loss of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority district compensation shall be credited as auxiliary seniority for obligated to reimburse to the purposes District the amount of layoff and recall onlyunemployment compensation, upon the written request of the District. Calculation In this case, the bargaining unit member shall be based on 1827 hours offered the choice of auxiliary seniority per repayment by either payroll deduction of the appropriate amount in equal payments over the entire year of regular service seniority (prorated for partial years)or direct payment to the district by September 30.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority A “layoff” shall be in reverse order defined as any reduction of seniority within a classification and within the seniority block as specified in this agreementwork force or normal working hours.
(a) In the event of a proposed layoff or the elimination of a position resulting in a layoff within the bargaining unit:
i) Where possible, the Employer shall provide the Union written notice of the layoff and the manner of implementation thereof no less than thirty (30) calendar days prior to said layoff.
ii) Individual layoff notice to nurses shall be provided in accordance with the provisions of the Employment Standards Act.
iii) Any displaced Nurse(s) affected by a layoff shall be deemed to have been provided with the required notice upon giving the originally affected Nurse(s) notice as set out above and a notice regarding the same being posted in the respective workplaces. For Nurse(s) off on an approved leave/vacation, direct notice will be provided individually. Follow up meetings shall be held with affected individual(s) who are to be displaced.
iv) The parties agree to meet to discuss the reasons causing the layoff, the services the employer will undertake after the layoff and to consider suggestions aimed toward minimizing the negative effects of such layoff.
(b) Once the Employer has determined and identified the position(s) to be reduced or eliminated, the appropriate notice will be given to the affected Nurse’s as per (a) above. A regular employee designated for representative of the Employer and Union shall meet with the affected Nurse(s) to discuss their options.
(c) The laid off or displaced Nurse is entitled to:
i. accept the layoff may or;
ii. opt to use Clause 13.4(c)(2)(iretire if eligible under the terms of the collective agreement and OMERS legislation, or;
iii. elect to transfer to a vacant position (In this Article, a “vacant position” shall mean a position for which the internal posting process has been completed and no successful applicant has been appointed) or;
iv. displace the junior Nurse on a team provided that the Nurse is qualified to perform the work within a reasonable orientation period of four (4) weeks as per Article 8.07(c). For clarity, a team is defined as a group of Employees working in a particular area of Public Health. It does not apply to individual job functions within a team.
(d) The Employer will provide the Association with an up-to-date seniority list, dated at the end of the pay period previous to the original date of notification as required in (a) above. This will be the ‘official frozen layoff seniority list’ for all layoff notifications(s) issued in the notice provided in (a) above.
(e) Nurses choosing to exercise seniority in order to displace a less senior Nurse shall within three (3) working days of receiving notice of layoff, notify Human Resources in writing of their intent to displace and where, with a copy to the Director of Public Health and the Bargaining Unit President. The Bargaining Unit President will also be provided with a list referencing the full-time equivalent for the positions and which team they are on.
(iif) providing The Employer will not hire any new Nurse to fill a vacancy where there is a Nurse on layoff who is qualified to fulfil the employee exercising such an option has normal requirements of the qualifications job. Subject to meet Articles 8.07, 8.08, and 8.10, a Nurse on layoff will have preference over external applicants to positions and will be recalled, where the Nurse is qualified to perform the normal requirements of the job.
(iig) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such Status of probationary and temporary Nurses shall be reviewed before a displacement option has greater seniority and full-time or part-time nurse is qualified and able to perform the job after a period of familiarizationlaid off.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(ivh) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work parties agree Union representatives will be considered to have auxiliary status for purposes present in all meetings and at all steps of Clauses 15.6 and 15.7 vacation scheduling and notice of the layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)process.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff In the event it becomes necessary through layoff to reduce the number of regular employees with less than three years' service seniority employees, the proposed reductions shall be discussed with the Association prior to implementation.
1. The Board shall lay off in reverse order of seniority within based solely on District staffing needs in areas of certification/qualification (see Article 9 B & C) and employee’s next school year’s assignments. The next school year assignment is defined as 50% of the employee’s present teaching assignment, as on record in the Human Resources Office. In addition, when there is a classification and need to reduce in any of the following areas, the Board shall layoff only within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) affected job category(ies): School Social Workers, School Nurses, School Psychologists, Occupational Therapists, Physical Therapists, and (ii) providing Speech Therapists. Because of the employee exercising such an option has the qualifications inadequate number of teachers with bilingual or ESL endorsement to meet the requirements program needs, a teacher possessing State of Michigan teaching certification and who is highly qualified (see Article 9 B & C) and who possesses either a bilingual or ESL endorsement on that certificate, and who is currently working in a position that requires bilingual or ESL endorsement, shall not be laid-off.
2. Any layoff pursuant to this Agreement shall automatically terminate the individual's employment contract and all Board paid benefits allowed therein. A laid off employee who has worked the whole school year shall receive Board-paid insurance benefits through August 31. Upon recall (whether to a permanent or temporary assignment), the individual's employment contract and all benefits under this Master Agreement shall be reinstated in full.
3. The Board shall give no less than thirty (30) calendar days' notice before the start of the job.
(ii) If there are no vacancies available an employee promoted from another position within school year or the same seniority block may opt start of the 2nd semester to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
being laid off (iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained except as specified below in (iArticle 10 B. 4).
(3) Upon layoff4. In conjunction with Article 21, a regular employee will have Section A., it is intended that this Article takes precedence over and governs the option of displacing individual contract, and the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall listsindividual contract is expressly conditioned upon this Article.
5. Seniority shall continue to accrue through layoff subject only to the limitations of Section A., 4. above.
6. Any bargaining unit member who collects unemployment compensation during the summer months (4MESC's "summer denial period") A regular employee and who chooses to go onto is recalled before the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary start of his/her normal work will be considered to have auxiliary status for purposes year so that he/she suffers no actual loss of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority district compensation shall be credited as auxiliary seniority for obligated to reimburse to the purposes District the amount of layoff and recall onlyunemployment compensation, upon the written request of the District. Calculation In this case, the bargaining unit member shall be based on 1827 hours offered the choice of auxiliary seniority per repayment by either payroll deduction of the appropriate amount in equal payments over the entire year of regular service seniority (prorated for partial years)or direct payment to the district by September 30.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (If it becomes necessary to reduce St. Christopher’s Pediatric Associations work force because of lack of work, funding or an emergency that curtails normal operation, the following shall apply:
1) Layoff . In the event of a layoff within a department, unit, or shift, all non-bargaining unit Employees in the classification affected, including all daily and traveling agency employees, shall be laid off first. Probationary Employees within the job classification shall be laid off next, followed by regular employees full-time and part-time employees, based on their bargaining unit seniority. The Practice shall allow nurses to voluntarily reduce hours or take a layoff in the affected area, in order to meet the necessary reduction. The order of any layoff shall be based on inverse bargaining seniority order, which can be superseded only in the situation where a nurse with less than three years' service ten (10) years of seniority has at minimum, an unpaid suspension in the immediately preceding six (6) months for engaging in a pattern of conduct that has led to such unpaid suspension.
2. In the event an Employee is scheduled to be laid off in one department/unit and there exists a vacant position or a position filled by a probationary Employee in another department which the Employee has the present qualifications, skills, ability, licensure and/or certification to perform; then bargaining unit seniority shall prevail in assigning such Employee scheduled to be in reverse order of seniority within a classification and within laid off to such vacant position or position filled by the seniority block as specified in this agreementprobationary Employee.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) 3. If there are no vacancies available an vacant positions or positions occupied by Probationary employees available, employees targeted for layoff may bump the least senior comparable employee promoted from another position within in the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoffbargaining unit, providing the employee exercising such a displacement option has greater provided they have more bargaining unit seniority and is qualified have the requisite qualifications, skill and able ability to perform the job after a period of familiarization.
(iii) If with an employee is not placed through the option of (a)(2)(ii) aboveorientation, then they may opt which could vary from nurse to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able nurse but could take up to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), two (2) and (3) above, regular employees weeks. Employees to be retained laid off shall be qualified given at least one (1) week notice, or pay in lieu thereof, except in emergency situations. Probationary Employees need not be given any notice prior to layoff.
4. While rare, it is recognized that an Employee may be retained due to special training, knowledge or ability who has less seniority than the one who is to be laid off. The Practice will state the reason in writing to the Union and able the affected Employee. Disputes regarding this paragraph are subject to perform the work which is available after a period of familiarizationArticle 14, Grievance Procedure and Arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1a) Layoff of regular When laying off an employee or employees with less than three years' service seniority within each classification, the last hired shall be in reverse order the first laid off, based on length of seniority within a classification and service within the seniority block as specified in this agreement.Branch, it being understood that:
(i) A regular employee designated for layoff employees in a higher classification may opt be demoted to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.a lower classification, and
(ii) If there are probationers have no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoffseniority, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.and
(iii) If an employee is not placed through who has been promoted from one classification to another, and subsequently demoted to the option of (a)(2)(ii) abovelower classification shall, then they may opt to displace the junior employee currently filling a position within that classification originally heldlower classification, providing have seniority according to length of service in the employee exercising this displacement option has greater seniority Branch and is qualified and able to perform the job after shall, if a period of familiarization. This option shall layoff occurs, be exercised only within the same seniority block.laid off accordingly, and
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoffclassifications Labourer I and Labourer II shall, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall , be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)considered as one classification.
(5b) Notwithstanding Employees who have completed their probationary period and who are laid off and subsequently recalled to work in their Branch within one (1)) year of the layoff, (2) and (3) above, regular employees to be retained shall be qualified credited with previous service in that Branch for the purpose of determining length of service in connection with vacations and able other benefits based on length of service. Employees who have completed their probationary period and who have been laid off and subsequently recalled to perform work in a Branch, other than the Branch from which the employee was laid off, within one (1) year of the layoff shall, upon completion of six (6) continuous months of service in the new Branch, be credited with the employee's previous service in the Branch from which the employee was laid off for the purpose of determining length of service in the new Branch. After one year in the new Branch the employee's seniority shall be applicable only to the new Branch and shall have no application in the employee's former Branch.
(c) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer the Employer shall give to the employees concerned who have completed the probationary period not less than ten (10) days' prior written notice of any layoff under this Clause. Such notices shall be given in writing either by delivering or mailing the same to the employee for whom it is intended. If an employee to whom notice of layoff is given under this Clause 14.1(c) has not been given the opportunity to work which is available after a for at least ten (10) days of the period of familiarizationsuch notice the employee shall be paid for those days for which work was not made available. The Employer shall be required to give notice of layoff under this Clause 14.1(c) only to those Regular Full-Time, Regular Part-Time, Temporary Full-Time and Auxiliary Employees who have acquired seniority rights in either a regular seniority pool or an auxiliary seniority pool and have completed the probationary period as aforesaid.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 7.1 In the event a decrease becomes necessary in the work force, the Library and the Union shall meet and engage in FMCS’s Interest Based Problem Solving (IBPS) process with respect to the layoff. The Library and the Union shall have a maximum of four (4) representatives each at each session of the IBPS process, all of whom shall undergo IBPS training. The Library shall provide the Union with a current bargaining unit seniority list and an updated classification list. During the IBPS process, the Union shall not dispute the decision of the Library with respect to the amount of funds necessary to be cut, the right to reorganize the work force or the determination by the Library that a reduction in the work force is necessary due to lack of work. Further, the IBPS process shall not include discussions regarding the elimination of non-bargaining unit positions or the layoff of management personnel. The Library and the Union agree to engage in the IBPS process for at least one (1) Layoff of regular employees with less than three years' service seniority week, which shall be extended to two (2) weeks by mutual agreement of the parties. Should the IBPS process not be successful, the following layoff language shall apply.
7.2 The Library shall give written notification of the layoff to the bargaining unit employee(s) that may be affected, and the Union, thirty (30) days in reverse order advance of seniority within the effective date of layoff, when feasible, but no later than fourteen (14) days in advance of the effective date of layoff. Once this Notice is issued by the Library, employees who anticipate that they will not be readily available (e.g., anticipate going on vacation out of town) will notify the Head ▇▇▇▇▇▇▇ and the Director of the Library; and arrangements will be made concerning how to contact the employee in the event that employee is subject to a classification layoff Notice. The Library and within the seniority block Union agree to work cooperatively to inform the employees as specified in this agreementto how the layoff process will proceed.
(ia) A regular employee designated In the event it becomes necessary for the Library to layoff may opt employees covered by this Agreement, it shall first layoff in the order: employees who volunteer to use Clause 13.4(c)(2)(i) be laid off, temporary employees (where the layoff does not cause the Library to lose grant funds), and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the jobthen probationary bargaining unit employees.
(iib) If there are no vacancies available an employee promoted from another position A layoff of full-time or part-time employees covered by this Agreement shall be done on the basis of bargaining unit seniority within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationaffected classification(s). This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of For layoff and recall purposes only, a full-time employee is an employee working in excess of twenty (20) hours in a work week, and a part-time employee is one who works twenty (20) hours or fewer in a work week. Calculation shall be based on 1827 hours For purposes of auxiliary seniority per year this article “classifications” in order of regular service seniority precedence (prorated for partial years).highest to lowest) are defined as follows:
(1. Librarian Assistant Department Head 2. Librarian 3. Library Associate 4. Computer Network Tech 5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.. P.R. Assistant 6. Computer Equipment Tech
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1a) Layoff No Nurse may be laid off until they have received thirty (30) working days’ notice of regular employees with less than three years' service seniority shall be layoff, or pay for the balance of the notice period.
(b) In the event of a proposed layoff of a permanent nature, the Employer will, except in reverse order of seniority within a classification and within the seniority block as specified in this agreement.circumstances beyond its control,
(i) A regular employee designated provide the Local Union with no less than three (3) months’ notice of such layoff, or pay the affected nurse for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements balance of the job.notice period, and
(ii) If there are no vacancies available an employee promoted from another position meet with ONA to review any and all matters that relate to the proposed layoff. The parties will endeavour to meet within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, two (2) weeks of providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationnotice per item (i) above.
(iii) If an employee is not placed through Any agreement between the option Employer and ONA concerning the method of implementation of a layoff shall take precedence over the terms of this article.
(a)(2)(iic) above, then A nurse who has been notified of a layoff may:
i) Accept the layoff; or
ii) Opt to retire if eligible under the terms of the OMERS pension plan; or
iii) Elect to transfer to a vacant position provided that they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is are qualified and able to perform the job after available work; or
iv) Displace another nurse who has lesser bargaining unit seniority and whose work the nurse subject to layoff is qualified to perform, consistent with (d) below. In the event of a period of familiarization. This option layoff, Nurses shall be exercised laid off on the basis of seniority provided that Nurses retained on staff are willing and qualified to perform available work. The Employer will not hire a new Nurse to fill a vacancy if there is a Nurse on layoff who is willing and qualified to perform the normal requirements of the position including hours of work. Where a full-time Nurse is laid off, they can exercise their seniority only to displace a less senior full- time Nurse by making a decision within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
three (3) Upon layoff, working days following date of letter. Where a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straightpart-time rate Nurse is laid off they can exercise their seniority only to displace a less senior part-time Nurse by making a decision within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and three (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period working days following date of familiarizationletter.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1The following provisions are subject to Schedule “F” for Temporary Full-Time, Auxiliary, and Regular Part-Time Employees.)
(a) Layoff of regular When laying off an employee or employees with less than three years' service seniority within each classification, the last hired shall be in reverse order the first laid off, based on length of seniority within a classification and service within the seniority block as specified in this agreement.Branch, it being understood that:
(i) A the Employer may place the laid off employee in a vacant regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements full- time position of the job.same classification within the bargaining unit
(ii) If there are no vacancies available an if the employee promoted from another is not placed in a vacant position under 14.1(a)(i) within 14 calendar days of receipt of notice, the employee has the option to bump:
a. the least senior employee in their classification within the same seniority block may opt to displace branch; or
b. the least senior employee currently filling in a lower classification within the position originally held by branch; or
c. the least senior employee designated for layoff, providing the employee exercising such in a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationclassification valued at or below Operations Worker II in any branch.
(iii) If an employee is employees are not placed through the option of (a)(2)(iiin a vacant position under 14.1(a)(i) above, then they may and do not opt to displace bump under 14.1(a)(ii), they will be placed on the junior employee currently filling a position within that classification originally held, providing recall list. Employees only have the employee exercising this displacement option has greater seniority and is above bumping rights in relation to positions for which they are already qualified and are able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockperform.
(iv) The probationers have no seniority, and
(v) an employee displaced pursuant who has been promoted from one classification to (ii) or (iii) shall another, and subsequently demoted to the lower classification shall, within that lower classification, have seniority according to length of service in the options contained in (i)Branch and shall, if a layoff occurs, be laid off accordingly.
(3b) Upon Employees who have completed their probationary period and who are laid off and subsequently recalled to work in their Branch within one (1) year of the layoff, shall be credited with previous service in that Branch for the purpose of determining length of service in connection with vacations and other benefits based on length of service. Employees who have completed their probationary period and who have been laid off and subsequently recalled to work in a regular Branch, other than the Branch from which the employee will have the option of displacing the most senior auxiliary employeewas laid off, within one (1) year of the same layoff shall, upon completion of six (6) continuous months of service in the new Branch, be credited with the employee's previous service in the Branch from which the employee was laid off for the purpose of determining length of service in the new Branch. After one year in the new Branch the employee's seniority block shall be applicable only to the new Branch and going onto auxiliary recall listsshall have no application in the employee's former Branch.
(4c) A regular Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer the Employer shall give to the employees concerned who have completed the probationary period not less than ten (10) days' prior written notice of any layoff under this Clause. Such notices shall be given in writing either by delivering or mailing the same to the employee who chooses for whom it is intended. If an employee to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and whom notice of layoff as specified in is given under this Clause 14.1(c) has not been given the opportunity to work for at least ten (b10) below. Where an days of the period of such notice the employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as paid for those days for which work was not made available. The Employer shall be required to give notice of layoff under this Clause 14.1(c) only to those Regular Full-Time, Regular Part-Time, Temporary Full-Time and Auxiliary Employees who have acquired seniority rights in either a regular seniority pool or an auxiliary seniority for pool and have completed the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)probationary period as aforesaid.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block blocks as specified in this agreementAppendix 4 - Seniority Blocks and Seniority Units.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i13.5(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockblock and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall listslists with the Employer within the geographic boundaries of the seniority block.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 – Notice of Work Schedules and 15.7 15.4 – Short Changeover Premium, the vacation scheduling provisions and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority . At least one week prior to formal Board action, the Association shall be notified, in reverse writing, of administrative determinations as to the number and names of all elementary, middle, and high school retained positions for the following school year. Before employees are assigned to these retained positions the Association will be given the opportunity to give input and make suggestions regarding the retained positions.
2. In order to maximize retention of seniority within a classification the most senior, certified and within qualified teachers, the district shall start at the top of the seniority block list ranking all teachers active, on layoff, and those on leave who are scheduled to come back and place each tenure teacher in one of the retained positions as specified follows:
a. First, place the teacher in this agreementthe position previously held if available.
b. If the previous position is not available, then place the teacher in an alternative position for which they are certified and qualified and which is open for assignment.
c. If an alternative position is not available, then the least senior teacher holding a position for which a more senior teacher is certified and qualified will be transferred to an alternative position open for assignment in order to place the teacher in the transferred teacher's former position. Absent a transfer request under Article 13.A., no teacher placed under section 2.a. or b. above will be transferred into a position based on a certificate, grade level certification, or endorsement(s) which have not been used for employment purposes in Brighton for 100 or more days in the last five (i5) A regular employee designated school years.
d. In the event that vacancies in retained positions remain, probationary teachers shall be placed in accordance with a, b, and c above.
e. Involuntary transfers, to maximize a teacher's qualifications, can be made by the Assistant Superintendent for layoff may opt Human Resources among the retained teachers provided there is no negative impact upon those to use Clause 13.4(c)(2)(i) and (ii) providing be laid off.
f. In the employee exercising such an option event that the Board of Education should determine that a teacher, who has the qualifications been reassigned in a retained position in accordance with procedure as outlined above, is in need of further training to meet the requirements qualifications listed in H below, the Board shall pay for tuition, books and fees for the first eight (8) semester hours. Texts purchased for these classes shall become part of the jobdistrict's professional library. Any semester hours necessary beyond those funded by the Board to meet these qualifications for a given assignment shall be the financial responsibility of the individual teacher. Following Board action this training shall commence within one semester or as soon as courses in the vicinity are available. In the event that a dispute arises over whether the assignment and subsequent course work are necessary, the following steps shall be taken.
(ii1) A joint meeting of the principal, the teacher and an Association Representative will be held to explore alternative placement within the building.
2) If there are the issue is still in dispute, the Association President and the Assistant Superintendent for Human Resources will meet to examine district-wide alternatives.
3) If no vacancies available an employee promoted from another solution is found, the teacher will be required to begin the course work or be subject to layoff.
g. Any teacher who has not been placed in a retained position within as in a) through d) above shall be notified at least 60 days prior to the same seniority block may opt end of the school year (i.e. April 30th) that: 1) she/he is subject to displace the employee currently filling the position originally held by the employee designated for layoff, providing 2) she/he should not expect employment for the employee exercising such ensuing school year, and 3) she/he shall be given the opportunity for recall pursuant to the recall procedures in this Article. Nothing contained herein shall relieve the Board from fulfilling the terms of any annual or continuing contract with a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationteacher.
h. In the event the Board hires a teacher to fill a temporary vacancy of at least six (iii6) If an employee is not placed through weeks, but less than a semester, said teacher may be laid off so long as the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and Board provides advanced notice of layoff as specified in within not less than one third (b1/3) belowof the number of days for which the temporary teacher was contracted to work or actually worked whichever is greater. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes Example: A thirty (30) day temporary contract would require ten (10) days of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority advanced notice; a ninety (prorated for partial years).
(590) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.day temporary contract would require thirty
Appears in 1 contract
Sources: Professional Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block blocks as specified in this agreementAppendix 7-Seniority Blocks.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i14.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockblock and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, employee within the same seniority block and going onto auxiliary recall listslists within the geographic boundaries of the seniority block.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-straight time rate within the previous 26 pay periods except as provided under Article 21 22 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 16.3 and 15.7 16.4 of the Agreement, the vacation scheduling provisions and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 1827/2088 hours of auxiliary seniority per year of regular service seniority (prorated pro-rated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority . At least one week prior to formal Board action, the Association shall be notified, in reverse writing, of administrative determinations as to the number and names of all elementary, middle, and high school retained positions for the following school year. Before employees are assigned to these retained positions the Association will be given the opportunity to give input and make suggestions regarding the retained positions.
2. In order to maximize retention of seniority within a classification the most senior, certified and within qualified teachers, the district shall start at the top of the seniority block list ranking all teachers active, on layoff, and those on leave who are scheduled to come back and place each tenure teacher in one of the retained positions as specified follows:
a. First, place the teacher in this agreementthe position previously held if available.
b. If the previous position is not available, then place the teacher in an alternative position for which they are certified and qualified and which is open for assignment.
c. If an alternative position is not available, then the least senior teacher holding a position for which a more senior teacher is certified and qualified will be transferred to an alternative position open for assignment in order to place the teacher in the transferred teacher's former position. Absent a transfer request under Article 13.A., no teacher placed under section 2.a. or b. above will be transferred into a position based on a certificate, grade level certification, or endorsement(s) which have not been used for employment purposes in Brighton for 100 or more days in the last five (i5) A regular employee designated school years.
d. In the event that vacancies in retained positions remain, probationary teachers shall be placed in accordance with a, b, and c above.
e. Involuntary transfers, to maximize a teacher's qualifications, can be made by the Assistant Superintendent for layoff may opt Human Resources among the retained teachers provided there is no negative impact upon those to use Clause 13.4(c)(2)(i) and (ii) providing be laid off.
f. In the employee exercising such an option event that the Board of Education should determine that a teacher, who has the qualifications been reassigned in a retained position in accordance with procedure as outlined above, is in need of further training to meet the requirements qualifications listed in H below, the Board shall pay for tuition, books and fees for the first eight (8) semester hours. Texts purchased for these classes shall become part of the jobdistrict's professional library. Any semester hours necessary beyond those funded by the Board to meet these qualifications for a given assignment shall be the financial responsibility of the individual teacher. Following Board action this training shall commence within one semester or as soon as courses in the vicinity are available. In the event that a dispute arises over whether the assignment and subsequent course work are necessary, the following steps shall be taken.
(ii1) A joint meeting of the principal, the teacher and an Association Representative will be held to explore alternative placement within the building.
2) If there are the issue is still in dispute, the Association President and the Assistant Superintendent for Human Resources will meet to examine district-wide alternatives.
3) If no vacancies available an employee promoted solution is found, the teacher will be required to begin the course work or be subject to layoff.
g. Any teacher who has not been placed in a retained position as in a) through d) above shall be notified at least 60 days prior to the end of the school year (i.e. April 30th) that: 1) she/he is subject to layoff, 2) she/he should not expect employment for the ensuing school year, and 3) she/he shall be given the opportunity for recall pursuant to the recall procedures in this Article. Nothing contained herein shall relieve the Board from another position fulfilling the terms of any annual or continuing contract with a teacher.
h. In the event the Board hires a teacher to fill a temporary vacancy of at least six (6) weeks, but less than a semester, said teacher may be laid off so long as the Board provides advanced notice of layoff within not less than one third (1/3) of the number of days for which the temporary teacher was contracted to work or actually worked whichever is greater. Example: A thirty (30) day temporary contract would require ten (10) days of advanced notice; a ninety (90) day temporary contract would require thirty (30) days of advanced notice.
3. In the event of layoffs within the same seniority block may opt nurses or social worker classifications, layoffs will be implemented in a manner to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing retain the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall listsemployees.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Professional Agreement
Layoff. Layoffs and recall will be by job within a program; that is, if a program is to be reduced or eliminated, then employees in the affected program will be laid off or recalled on the basis of Agency Seniority. Those with the lowest Agency Seniority in any of the affected jobs will be the first to be laid off, with recall starting with those having the greatest Agency Seniority. From time to time the Agency may implement plans to reduce the number of bargaining unit positions in certain programs while at the same time adding positions to certain other programs. Additionally, at these times, there may be other vacancies for which no qualified person has applied during the posting period. When this situation occurs, persons whose jobs are affected by the aforesaid reduction shall have priority in the filling of the added or vacant positions, where those positions are substantially the same in pay, qualifications and working hours. Additionally, such positions that become vacant will not be posted until the positions have been offered to the affected persons. The Agency shall offer, in writing, the added or vacant positions to the affected individuals who are qualified for the position on the basis of Agency Seniority. An employee offered such a position shall have three (13) Layoff days in which to indicate their acceptance or rejection of regular employees with less than three years' service seniority the position. Any individual rejecting said offer will be free to bid on any other vacant position, but will not be entitled to exercise bumping rights pursuant to this section or to receive severance pay as per Article 14. After the position held prior to the reduction is eliminated, individuals rejecting an offer as above, shall be considered to be in reverse order the same category as individuals who have taken in excess of seniority within a classification three (3) months of leave without pay and shall be entitled to bid on future vacancies on the basis of Agency Seniority. Any vacancies remaining after all affected individuals have accepted or rejected offers as above shall be immediately posted or reposted. Any person accepting an offer as above shall not have any previously earned increments removed.
(a) In the event there are no such added or vacant job openings available for which an affected individual is qualified, then, before being laid off, the individual in the affected job shall be allowed to exercise bumping rights within the same program and consistent with his or her seniority block as specified in this agreement.with the Agency. Specifically:
(i) A regular employee designated for layoff may opt Should a Master’s degree level job be eliminated, the individual in the affected job shall be allowed within the program to use Clause 13.4(c)(2)(i) and (ii) providing take the employee exercising such an option has the qualifications to meet the requirements job of the jobMaster’s degree level job holder with the least Agency Seniority. Should a Master’s degree level job holder’s job be taken, as above, or should the job of the Master’s degree holder with the least Agency Seniority be eliminated, that individual shall be allowed to take the job of the least senior non-Master’s level job holder within the Agency program, unless such employee has greater Agency Seniority than the individual whose job was taken or eliminated.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt Should any other employee’s job be eliminated, that individual shall be allowed to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform take the job after a period of familiarization.the non-Master’s level jobholder in the program with the least Agency Seniority
(iii) If an employee Should the least senior job holder’s job be eliminated or taken, that individual may take the job of the least senior job holder in any job classification in the program for which the least senior direct service job holder is not placed through qualified, unless the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option job holder has greater seniority and is qualified and able to perform Agency Seniority than the individual whose job after a period of familiarization. This option shall be exercised only within the same seniority blockwas eliminated.
(iv) The employee displaced pursuant Should a non-direct service employee’s job be eliminated, that individual shall be allowed to (ii) or (iii) shall have take the options contained job of the individual in (i)the same job classification in the program with the least Agency Seniority.
(3v) Upon layoffIf in a job classification the least senior non-direct service employee’s job is taken or eliminated, that individual may take the job of any individual in the program who has less seniority if such non-direct service employee is qualified for such job.
(vi) Should a regular part-time employee will be laid off, that person shall have the option of displacing taking the most job of the least senior auxiliary employeepart-time employee in the program who holds a job for which they are qualified as above, within or may take the job of the least senior full-time employee as above. Part-time Advocates who are laid off may also take the job of the least senior part-time Advocate. If a part-time employee assumes the job of another employee (full or part-time), that employee must work the same seniority block and going onto auxiliary recall listsfull-time equivalence as the employee whose job was taken -- full or part-time.
(4vii) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straightShould a full-time rate within employee’s job be reduced to part-time status, that employee shall have the previous 26 option of: 1) retaining the reduced job, 2) taking over the job of the least senior part-time employee in the same job classification and program whose percent FTE is the same as the amount of the full-time employee’s job reduction percentage (in addition to retaining the reduced job), or 3) taking the job of the least senior full-time employee as outlined above. If the employee retains the reduced job, their pay periods except as provided under Article 21 - Maternity, Parental shall be reduced accordingly and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in they shall receive no severance pay.
(b) below. Where an No employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced aboveshall take the job of another employee with more seniority.
(c) No employee shall take a job for which they are not qualified.
(d) An employee, their previous regular service seniority who takes another job under the provisions of this Article, shall be credited compensated at the rate applicable for the new position with the employee’s then current seniority (experience cap). That employee shall be required to take the first available position that has the same rate of pay and qualifications as auxiliary the position the employee was forced to vacate. Said employee shall receive preference over all other applicants (internal or external) regardless of seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)above referenced positions.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1a) Layoff The Company will endeavour to give at least two (2) weeks’ notice of regular layoff where business circumstances permit. Where business circumstances do not permit this notice, the Company will explain the circumstances to the Union at the time the notice is given.
(b) In laying off, and in determining shift assignment as between employees with less than three years' service doing the same job, seniority shall be in reverse order of seniority within a classification and within the seniority block determining factor as specified in this agreement.follows:
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and All jobs with learner periods shall be filled by the senior persons who are fully qualified on the job, (ii) providing the employee exercising such an option has the qualifications to meet the requirements have successfully completed all of the Learner Periods of the job as evidenced by documentation on Company records) or currently in a learner position on the job. However it is understood and agreed the Company shall have the right to retain the most senior fully qualified employee if it establishes that there is not one (1) fully qualified employee available to train on the same shift.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is All jobs that do not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option have Learner Periods shall be exercised only within filled in order of seniority. However it is understood and agreed that in all cases the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) Company shall have the options contained in (i).
(3) Upon layoff, a regular right to pass over an employee will if it establishes that he does not have the option of displacing the most senior auxiliary employeenecessary skill, within the same seniority block ability and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able physical fitness to perform the work available. For a layoff which is available after in the judgment of the Company will not extend beyond three (3) consecutive days, application of seniority shall be by department or skilled occupational group within the department. A longer layoff will be dealt with by applying seniority on a plant wide basis. When the Company shuts down it’s operations for a specific period of familiarizationtime, any available work assignments during the shutdown period will be dealt with by applying seniority on a plant wide basis as per 8.05 (a). At the end of the shutdown period, all employees who were reassigned or laid off will return to the job they were holding immediately prior to the shutdown. The Company will provide a familiarization period of five (5) working days to employee’s who bump into a job. The Company will provide a familiarization period of ten (10) working days to employees who bump to a job, where the job has changed as evidenced by G-Forms attached to the job description dated after the learner periods were completed.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff A layoff is a permanent or prolonged reduction in the number of regular employees with less than three years' service seniority employed by the Hospital. Layoffs shall be by departmental unit, shift, and job classification. In the event of a layoff or permanent reduction in reverse order of hours, bargaining unit seniority within the departmental unit, shift, and job classification shall be the determining factor providing that skills, competence and ability in a classification and within specific area are considered relatively equal in the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements good faith opinion of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoffEmployer. Decisions regarding skills, providing the employee exercising such a displacement option has greater seniority competence and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation ability shall be based on 1827 specific job-related duties. An employee whose position has been eliminated or permanently reduced in hours pursuant to this section will have the right to: (a) accept the layoff/reduced FTE position; (b) accept a vacant position for which s/he is fully qualified in the good faith opinion of auxiliary seniority per year the Employer; or (c) displace the position of regular service seniority any less senior employee whose name appears on the Low Seniority Roster (prorated for partial years).
(5) Notwithstanding (1defined in Section 8.2.1, below), provided that, in the good faith opinion of the Employer, all of the following conditions are met: the two employees' skills, competence, ability and prior job performance (within the previous twelve (12) months) are relatively equal, and the displacing employee can carry a full patient load within two (2) shifts. Employees unable to displace another individual under the foregoing procedure will be placed on layoff. Once advised of her/his layoff, an employee must exercise displacement rights by 5:00 p.m. on the second weekday following the day on which s/he was advised of layoff. The Low Seniority Roster consists of the least senior twenty-five percent (25%) of all full-time and (3) part-time nurses in the bargaining unit. Subject to the requirements of Section 8.2(c), above, regular an employee on the Low Seniority Roster whose position has been identified for layoff, and any employee who has been displaced by another employee pursuant to the above process, may displace the position of a less senior employee on the Low Seniority Roster. Provided, however, that the displacement (bumping) process identified in this Article is limited to not more than two (2) bumps, regardless of seniority among the remaining employees on the Low Seniority Roster. Notice will be given to the Union of a layoff when employees are informed. Upon request of the Union, the Employer and the Union will meet to discuss the impact of the layoff and review the seniority roster and layoff process. Each employee subject to layoff will receive fourteen (14) calendar days' notice or pay in lieu thereof. Employees who are laid off will be retained allowed to work for the Hospital in a PRN capacity without adversely impacting their recall rights. Subject to the Employer’s assessment of skills, competence and ability in a specific area, laid off nurses working in a PRN capacity will be given priority (over agency employees, temporary employees, and non-laid off PRN employees) for pre-scheduled shifts if they have given their supervisor/director advance written notice of their availability to pick up additional specified shifts during the next effective work schedule, limited to forty (40) hours per week. This section shall not apply to Travelers, who will be qualified and able allowed to perform complete their contractual commitment to the work which is available after a period Hospital so long as the Hospital’s retention of familiarizationthe Traveler’s services would not increase the scope of the layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff A. The Company shall determine which Section or Craft line of regular employees with less than three years' service progression is to be affected by a layoff or crewing reduction. The application of seniority shall be in reverse first according to section or craft line of progression (incumbent craftsmen shall carry seniority with them of their last held craft only at the start of the new Maintenance Craft Combination), second by Mechanical Department seniority, and third by Mill seniority, when Mill seniority dates are the same, alphabetical order of seniority within a classification and within the seniority block last name shall be the criteria thereafter. The order of layoffs or crewing reductions shall be as specified in this agreement.
(ifollows provided the employee(s) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work available:
1) The most junior employee(s) in the Mechanical Department or Craft Line of progression affected shall be regressed according to his/her entry date into the Craft line of progression or Section to a stated point in the “LIFO Zone”. Those Section classifications which is available become open as a result of this initial step and which the Company elects to fill will be filled by progression or regression according to job seniority within that line of progression.
2) The junior employee displaced from Utilities, and the crafts shall have the opportunity to compete by Mechanical Department seniority in those classifications designated bumpable; Fuel Handler, Store Room Technician and below.
3) The employee unable to remain in the Utilities, or the crafts shall, before regressing to the Laborers classification, have the opportunity to further exercise their Mechanical Department seniority in the Outside Section, based on qualifications.
4) The Mechanical Department junior employees unable to remain in the Outside Section by bumping down through the line of progression shall regress to the Laborers classification, where they will then compete for the remaining jobs by applying their Mill seniority.
B. Employees laid off from the Mill will be eligible for recall to work as defined and shall be recalled in the order of their Mill seniority held on their date of lay-off from the Mill. Notice will be made to the employee by registered letter (return receipt requested) sent to his/her last known address. The notified employee will be given three (3) days after a period receipt of familiarizationsuch notice to notify his/her Department Head that s/he desires to return to work, and fourteen days after issue of such notice to actually report to work.
Appears in 1 contract
Sources: Labor Agreement
Layoff. (A. Persons subject to layoff will be affected by the following procedures:
1) Layoff Classified employees selected for layoff will receive written notice at least thirty (30) calendar days prior to the effective date of regular employees with less than three years' service seniority the layoff, or as soon as possible. Employees in classifications identified for layoff shall be laid off in reverse order of seniority within a classification and beginning with the least senior employee.
2) Classified employees selected for layoff will have “bumping” rights based on seniority.
3) Classified employees selected for layoff will be considered for placement in any vacant position(s) within the seniority block as specified employee’s job classification for which they are qualified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements lieu of the job.
(ii) “bumping” other employees. If there are no vacancies available an employee promoted from another position such openings within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) abovethat classification, then they may opt to displace will be considered for equal or lower paying positions within the junior employee currently filling a position within that employee’s job classification originally held, providing group for which they are eligible. Such placement results in the employee exercising this displacement option has greater seniority and having regular employment in the new job, with no recall rights to the former job. Instead of accepting any such placement which is qualified and able offered, the employee may elect to perform bump, as described in Article 6.2.B, or may elect to be placed on the job after a period of familiarization. This option shall be exercised only within the same seniority blockrecall list as described in Article 6.3.
(ivB. Affected employees may elect to “bump”
1) The least senior employee displaced pursuant in their classification group; however, “bumping” will be limited to (ii) positions requiring equal or (iii) shall have fewer qualifications. Employees may not bump into a higher-level position, or greater hours, even though it may be part of the options contained in (i).
(3) Upon layoff, a regular employee classification group. The order of the “bumping” option will have the option of displacing be given to the most senior auxiliary employee, affected employee first. A refusal to elect the “bumping” option within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
five (5) Notwithstanding (1), (District business days from the date of written notice will effectively waive the employee’s rights to “bump” and he/she will be placed on the layoff list; or
2) and The least senior employee in a position outside their current classification group if the affected employee held that position for at least six (36) months during the last five (5) years of employment.
C. Employees affected by Articles 6.2.A or 6.2.B, above, regular employees to be retained shall be qualified and able to perform will enter the work new position at the experience step level held in the position from which is available after a period of familiarizationthey were laid off.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block as specified in this agreement.
(ia) A regular In the event of an extended layoff the Company and the Local Union shall meet and review the procedures as a result of any juris- dictional bumping. The least senior employee designated for layoff in the classification affected will be laid off or he/she may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt elect to displace the least sen- ior employee currently filling the position originally held by in any other classification provided he/she is senior to the employee designated for layoffhe/she is displacing. The displaced employees may then exercise his/her seniority in the same manner in any other clas- sification until the least senior employee is laid off. In all other cases when a bid job is consolidated, providing discontinued or suspended, the employee exercising such a displacement option has greater seniority shall work as assigned. In the event the bid job is not restored after fifteen (15) workdays, the employee affected may elect to displace any employee in his/her or any other classification provided he/she is senior to the employee he/she is displacing and is qualified and able to perform the job selected. The displaced employee may then exercise his/her seniority in the same manner. Moves resulting from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such displacement shall be made after thirty (30) days. When there are junior people in the package driver classification working in a period building and there are senior people in the same clas- sification who are on layoff in another building within the jurisdic- tion of familiarizationthe Local and in the same UPS District, pursuant to the pre- ceding paragraph, the senior person will be allowed to take the work by virtue of their seniority in the package classification for the dura- tion of the layoff. When their bid job is again available, the employee shall return to the original center unless a job is posted for bid then the applicable bidding process pursuant to the contract shall prevail.
(iiib) If an employee is not placed through the option of (a)(2)(ii) aboveFull-time seniority employees hired prior to August 1, then they 1997 who may opt be subject to layoff will be assigned to displace one (1) or more part-time employees in the junior building if any part-time employees are working in that building. In such case, said employee currently filling will be provided with eight (8) contin- uous hours of work at the appropriate rate for the classification of work performed, except that:
1. If said employee displaces a position within that classification originally held, providing the part-time employee exercising this displacement option has greater seniority and is qualified and able continues to perform the job after a period same work as his/her full-time assignment, he/she will continue to receive his/her regular rate of familiarization. This option shall be exercised only within the same seniority blockpay.
(iv) The 2. If in the building there is a part-time employee receiving a wage rate higher than that of the displaced pursuant to (ii) or (iii) shall have part-time employee(s), the options contained in (i).
(3) Upon layoff, a regular full-time employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall listsreceive such higher rate.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Supplemental Agreement
Layoff. (1i) Layoff of regular employees with less than three years' service seniority shall Layoffs within facilities will be in reverse order of seniority within Bargaining Unit seniority, provided that senior employees are qualified and can perform, after a classification reasonable period of training and within familiarization (three (3) months), the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the jobremaining work.
(ii) If there The Company will provide employees who are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationbe laid off with six (6) weeks notice or pay in lieu thereof.
(iii) If an No employee on a seniority list will be laid off while a probationary employee is not placed through retained in the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockclassification.
(iv) The An employee displaced pursuant to who is designated for layoff in accordance with (iii) or (iii) shall above will have the options contained alternative of being laid off or of displacing an employee of lower bargaining unit seniority in an appropriate position. The process of finding an appropriate position begins with the employee having the least bargaining unit seniority and proceeding in ascending order of seniority until a position is found. In order for the employee to successfully exercise his/her seniority rights, he/she must demonstrate an acceptable level of performance after a six (i)6) month training and familiarization period in his/her new position. The performance expectations will be provided to the employee, in writing by the facility Training Coordinator or designate, not later than one week following the employee's entry into the new position with an initial review conducted three (3) months into the position. Training and familiarization opportunities will be provided in order to maximize the employee's chances of success. NOTE: The bump can take place providing the operational and safety requirements of the facility are not compromised. It is understood that a refusal to allow a bump is subject to the grievance and arbitration process. Any such grievance shall be referred immediately to Step 2 of the grievance process.
(3v) Upon layoff, a regular No employee will have displace an employee in a higher classification. When an NO1 bumps an NO2 or NOT or into a vacant position in a different facility, the option NO1’s salary will be maintained for two (2) years following the bump. On transfer, the employee will be informed of displacing the most senior auxiliary training requirements for the NO1 position in the new facility. An individual training plan will be provided to assist the employee in meeting the requirements. Should the employee fail to qualify within two (2) years, the employee, within ’s salary will be reduced to the same seniority block and going onto auxiliary recall listsNO2 rate.
(4vi) A regular employee Where practicable, employees who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work are laid off will be considered to have auxiliary status for purposes given their Record of Clauses 15.6 Employment form, wages and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), any other monies owing under clause 22.01 within two (2) and (3) aboveweeks of the last day of employment. On request of the employee, regular employees the appropriate assistance will be provided to meet those training requirements. Should the employee fail to qualify within the year, the employee’s salary will be retained shall be qualified and able reduced to perform the work which is available after a period of familiarizationNO2 rate.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff A. In the event that it becomes necessary for the Reading School District to reduce the number of regular permanent employees with less than three years' service seniority in the bargaining unit because of decreases in pupil enrollment, reduction of the budget, or other financial reasons, the procedures set forth in this article will govern the termination and reemployment of employees who are affected by any such reduction.
B. Should the Committee determine that a reduction is to occur in one or more areas, the following procedure shall be followed. To the extent possible, normal attrition will be used to reduce the number of positions in the area involved. If further reductions are needed, the Reading School District shall lay off employees in reverse order of seniority within a the classification of cook-manager and within cafeteria worker, with the seniority block as specified in this agreementfollowing exceptions:
1. In each classification all regular part-time employees shall be considered to be less senior than all full-time permanent employees regardless of actual years of service.
(i) 2. If a less senior employee can be shown to be clearly superior to a more senior employee considering qualifications appropriate for the type of position remaining, then the less senior employee may be retained. A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing cook-manager notified of a lay off shall have the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt right to displace the employee currently filling least senior full time cafeteria worker.
C. The Reading School District will make every effort to notify employees whose employment is to be terminated effective in September of the position originally held next school year no later than July I. If the layoff occurs during the school year, the employees affected shall receive thirty (30) days' notice.
D. Employees whose employment is so terminated will be considered for reemployment by the employee designated for layoff, providing Reading School District in the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after inverse order of their termination during a period of familiarizationone (I) year from the date of their termination, if they inform the Superintendent in writing within thirty (30) days of their termination of their desire to be considered. An employee who declines a position shall be placed at the bottom of the recall list. If a person on the recall list refuses the position offered, the Reading School District may hire from outside the system.
E. Employees who are reemployed by the Reading School District within said one (iiiI) If an employee is not placed through year period after their termination under the option provisions of (a)(2)(ii) above, then this article shall have restored to them the unused sick leave they may opt to displace had accumulated at the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period time of familiarization. This option shall be exercised only within the same seniority blocktheir said termination.
F. A certified letter sent to the last address on file at the Superintendent's office shall constitute recall notice. Failure to reply in writing within fourteen (iv14) The employee displaced pursuant to (ii) or (iii) days shall have result in placement at the options contained in (i)bottom of the recall list.
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), G. If two (2) and (3) aboveor more employees are laid offeffective the same date, regular employees to be retained for the purpose of recall, their order of lay off shall be qualified and able according to perform the work which is available after a period of familiarizationseniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority
▇. ▇▇▇▇▇▇ shall be defined as a reduction in reverse order the size of seniority the work force due to the lack of work or funds within the College. When it becomes necessary to layoff classified employees within a classification, any temporary employees and probationary employees shall be laid off in that order first. Then those full and part- time employees in that classification and within will be laid off in accordance with the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing list with the employee exercising such an option has least senior employees laid off first, provided always that the remaining employees shall have the qualifications to meet perform the requirements work of the joblaid off employees.
B. Employees to be laid off will have at least twenty (ii20) working days’ notice of layoff.
C. An employee shall be reclassified to a position of lower rank and pay only when they otherwise would be laid off in the higher rank. The Employer shall not use such reclassification as a disciplinary measure.
D. In the event of a layoff, insurances as provided in Appendix B, shall continue for the month in which the layoff occurred and three (3) full months following the layoff with the College and Employee continuing to pay their cost sharing for such premiums.
E. In the event of a layoff, the College shall notify the Union and it will be first subject to a Special Conference.
F. The Employer and Union shall be governed by the following layoff and bumping procedures:
1. The Employer and Union will cooperatively assist laid-off employees in obtaining information regarding resources available, e.g., unemployment insurance. The parties agree that any disputes about the process shall not hamper or interfere with such cooperative efforts.
2. In exercising "bumping rights," no employee can bump another employee in a higher job classification or pay level than they held at the time of the layoff notice.
3. If there are no vacancies a position becomes available an employee promoted from another position within after the same seniority block may opt initial layoff list has been identified, but before layoffs actually occur, it shall first be offered to displace employees on the employee currently filling list who hold that pay level. If the position originally held is not filled, it shall then be posted in accordance with the contract.
4. The initial list shall consist of the positions to be eliminated by the employee designated for layoffCollege and/or employees affected, providing and that those individuals holding the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) identified positions shall have the options contained in (i).
(3) Upon opportunity to exercise bumping rights and shall receive electronic notice of the time, date, and location to do so. Prior to layoff, a regular employee the Employer will have provide the option Local Union President with the names of displacing the most senior auxiliary employee, within employees and the same number of full-time and part-time employees to be laid off via seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight5. Part-time rate within the previous 26 pay periods except as provided under Article 21 - Maternityemployees shall have equated seniority, Parental but they may not bump a full-time position.
6. The Local Union’s President, Chief ▇▇▇▇▇▇▇, and Preall campus Stewards shall have "super-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status seniority" for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall onlycannot be "bumped" by anyone while they hold office. Calculation shall In the event of the elimination of a position held by one of these officers, the employee will be based on 1827 hours of auxiliary considered as having the highest seniority per year of regular service seniority (prorated for partial years)in any Classification into which they can exercise bumping.
(5) Notwithstanding (1)7. Notices to individual employees will be in writing and provided electronically to the individual's College email address and shall constitute date of official notice. Each notice letter will include the time, (2) date and place of a meeting at which an individual can exercise bumping rights.
8. If an affected individual is unable to be present at a bumping meeting, they may authorize a member of the Union’s Executive Board to exercise their bumping rights. Authorizations must be in writing with a copy for the Union and for the Employer. Individuals must be present at the scheduled bumping meeting, either in person or by proxy; failure to attend shall constitute a waiver of all bumping rights.
9. Individuals who are on short-term, long-term disability leave, or Workers’ Compensation leave, or military leave shall, if necessary, exercise their bumping rights upon their return to work.
10. Individuals on Personal Leave, Parental Leave beyond three (3) months, Leave for Union Business, or Other Leaves (Article 22) who wish to exercise bumping rights must end their leave and return to work to do so.
11. Individuals on FMLA leave, or on a jury duty leave, may exercise bumping rights while on leave and shall be returned to the position into which they have bumped at the conclusion of the approved leave.
12. Individuals may choose not to exercise bumping rights and accept a layoff. The Employer agrees it will not contest unemployment compensation benefits in such cases.
13. Individuals who exercise bumping rights shall do so in the following order of priority: In each of the following steps below, the employer will consider vacant positions before bumping an employee.
a. Bump in the same job classification, the least senior employee collegewide.
b. Bump the least senior employee in any job classification and the same pay level collegewide for which the employee is qualified.
c. Bump the least senior employee in a lower job classification collegewide for which the employee is qualified. For purposes of this section only, whenever the job classification being bumped into is a Paraprofessional, "the least senior employee" shall mean the least senior position for which the person bumping has the qualifications. For example, if a Level IV person -- who has the qualifications for an ASC Paraprofessional -- is being displaced, they may bump the least senior ASC Paraprofessional, even though the least senior Paraprofessional is in Physics. In the event an individual has the qualifications in more than one discipline supported by Paraprofessionals, they must bump the least senior position among those disciplines in the order listed above.
14. A full-time employee who has exhausted the provisions of paragraph 13 may choose to bump a part-time employee. The same order of priority of bumping rights specified in paragraph 13 shall apply. A full-time employee who bumps into a part-time position will lose full-time benefits and will accrue seniority on a pro-rata basis. A full-time employee who has sufficient seniority, regular employees and qualifications, may bump into two part-time positions utilizing the required order of priority, and provided the part-time positions do not have overlapping hours. In such cases, the employee shall retain full-time benefits and shall continue to accrue seniority on a full-time basis.
15. When an employee is placed in a lower job classification, they shall be paid at the applicable rate for that classification. An employee shall be reclassified to a position of lower rank and pay only when they otherwise would be laid off in the higher rank because a position has been eliminated.
16. Employees who voluntarily elect to be retained laid off shall be qualified subject to recall under the same terms and able to perform conditions as employees who are involuntarily laid off.
17. Any disputes arising from this Section shall be positioned at Step 4 of the work which is available after a period of familiarizationGrievance Procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) A. Layoff of regular employees with less than three years' service seniority shall be in reverse defined as separation from employment as the result of lack of work or lack of funds.
B. During a period of layoff, the first order of seniority within a classification and within the seniority block as specified in priority for filling of vacancies shall be established by this agreementArticle.
C. Notice of layoff shall be issued at the direction of the Employer or Employer's designee. Notice shall be delivered to any employee to be laid off no later then two (i2) A regular weeks before the effective date of such layoff and a copy of the notice shall be sent to the Union.
D. In the event of a layoff as defined above, temporary and probationary employees within their respective bargaining unit as provided under 1.1 may be bumped by employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has who is laid off if they have the qualifications to meet the requirements of perform the job.
(ii) If there are no vacancies available an employee promoted from another E. Employees laid off may move to a new position within according to the following:
1. To a vacant position of the same seniority block may opt to displace classification, like or associated classification, for which the employee currently filling is qualified.
2. Regular full-time or part-time employees shall be allowed to bump the position originally held by least senior probationary employee in that classification or an appropriate classification for which the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after to avoid a period of familiarizationlayoff.
(iii) If 3. By bumping the least senior employee in that classification or an appropriate classification for which the employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationand has more seniority.
4. This option By demotion to the next lower classification for which the employee is qualified to perform the job and has more seniority in which event the least senior employee in the classification shall be exercised only laid off.
5. When an employee has been involuntarily reduced from full-time to part-time, that employee shall be allowed to bump back into a full-time position if the employee had full-time status within the same last two years, has sufficient seniority blockand the qualifications to perform the job.
(iv) The employee displaced pursuant 6. Employees who bump shall not be allowed to (ii) bump to a higher paid classification or (iii) shall have the options contained from part to full-time status except as noted in (i)#5 above.
(3) Upon F. When an employee is reduced to a lower paying classification through the bumping process, they will be placed on the wage scale in a new class as the closest pay grade to their former pay grade and step.
G. Like or associated classification shall mean classifications having duties and responsibilities requiring like qualifications of the incumbents, including such proficiency and other qualifications necessary for proper performance of the work.
H. The Union shall assist the Employer in all matters pertaining to layoff upon request.
I. In the event of a scheduled layoff, a regular employee will have notwithstanding their position on the option of displacing seniority list, the chapter chairperson and stewards shall be retained in their respective positions as if they were the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless provided they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be are qualified and able willing to perform the work which in their classification. In the event the classification, shift or work is available eliminated and a dispute should arise as to where the aforementioned shall be assigned or laid off, the dispute shall be a proper subject for a special conference. Should the dispute remain unsettled after the special conference, the aforementioned employees shall be assigned in accordance with the Article and the matter may be pursued through the grievance procedure.
J. This Article shall also apply to the demotion of an employee as a period result of familiarizationthe elimination of a position, discontinuance of an operation or the bumping of an employee by a more senior employee affected by one of the aforementioned causes of lack of work or lack of funds, or a reorganization that results in a reduction of force. Notice shall be delivered to any employee so affected not less then five (5) working days prior to the effective date thereof, with a copy to the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances.
B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure:
1. Probationary;
2. Non-probationary;
3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and;
4. If more than one Member in a classification is laid-off, the affected Members shall select from available positions in accordance with their seniority. The following stipulations will apply:
a. The position involves the same or greater number of work hours, unless the laid- off Member will accept less;
b. The laid-off Member has more seniority; and
c. The Member satisfies the posted qualifications.
C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification.
D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty (30) days of their last day of work indicating they would like to be placed on the substitute list. Such Members shall be called on a rotating basis for short-term assignments (1) Layoff of regular employees with less than three years' service seniority shall be -4 days). Members called for short-term assignments will remain in reverse order of seniority within a classification and within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by until the employee designated for layoff, providing point at which it can be determined that the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice a duration of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
five (5) Notwithstanding or more days. For assignments of five (1)5) or more days. See Article
E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long- term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) and (3) above, regular employees to be retained shall be qualified and able to perform weeks written notice of the work which is available after a period of familiarizationassignment’s ending date.
Appears in 1 contract
Sources: Master Agreement
Layoff. (If it becomes necessary to reduce St. Christopher’s work force by because of lack of work, funding or an emergency that curtails normal operation, the following shall apply.
1) Layoff . In the event of a layoff within a department, unit, or shift, all non-bargaining unit Employees in the classification affected, including all daily and traveling agency employees, shall be laid off first. Probationary Employees within the job classification shall be laid off next, followed by regular employees full-time and part-time employees, based on their bargaining unit seniority. SCHC shall allow individual RNs to voluntarily reduce hours or take a layoff in the affected area, in order to meet the necessary reduction. The order of any layoff shall be based on inverse bargaining seniority order, which can be superseded only in the situation where a nurse with less than three years' service ten (10) years of seniority has at minimum, an unpaid suspension in the immediately preceding six (6) months for engaging in a pattern of conduct that has led to such unpaid suspension.
2. In the event an Employee is scheduled to be laid off in one department/unit and there exists a vacant position or a position filled by a probationary Employee in another department which the Employee has the present qualifications, skills, ability, licensure and/or certification to perform; then bargaining unit seniority shall prevail in assigning such Employee scheduled to be in reverse order of seniority within a classification and within laid off to such vacant position or position filled by the seniority block as specified in this agreementprobationary Employee.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) 3. If there are no vacancies available an vacant positions or positions occupied by Probationary employees available, employees targeted for layoff may bump the least senior comparable employee promoted from another position within in the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoffbargaining unit, providing the employee exercising such a displacement option has greater provided they have more bargaining unit seniority and is qualified have the requisite qualifications, skill and able ability to perform the job after a period of familiarization.
(iii) If with an employee is not placed through the option of (a)(2)(ii) aboveorientation, then they may opt which could vary from unit to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority unit and is qualified and able nurse to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant nurse but could take up to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), two (2) and (3) above, regular employees weeks. Employees to be retained laid off shall be qualified given at least one (1) week notice, or pay in lieu thereof, except in emergency situations. Probationary Employees need not be given any notice prior to layoff.
4. While rare, it is recognized that an Employee may be retained due to special training, knowledge or ability who has less seniority than the one who is to be laid off (such as an Operating Room specialty that would normally require 6-9 months of orientation). If this occurs, SCHC will state the reason in writing to the Union and able the affected Employee. Disputes regarding this paragraph are subject to perform the work which is available after a period of familiarizationArticles 12/13 Grievance Procedure and Arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Where it becomes necessary to reduce the working force within a classification the following procedure will be observed: Probationary employees (1in the classification) Layoff of regular shall be terminated before Bargaining Unit employees are affected. If further reductions are necessary the employee in the classification with less than three years' service the least unit-wide seniority shall be displaced. Any employee so displaced from classification shall have the right to displace any employee in reverse order the plant who is in a job grade no higher than the one from which the employee was displaced if the displaced employee can satisfy the following conditions: The displaced employee must have greater unit-wide seniority than the individual wishes to displace and must be capable of seniority performing the function within a classification trial period of five (5)days, and within may be required UED) to successfully complete a job-related test before being accepted. In recognition of the seniority block as specified responsibility of the Management for the efficient operation of the plant, it is understood that in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option all cases of bumping, Management has the qualifications right to meet pass over any employee if does not have the requirements ability or physical fitness to perform the work involved, subject to company’s duty to accommodate. Displaced employees will be allowed a maximum of twenty-four hours to decide which position they will bump into. In every case where a senior employee is to be laid off while an employee with less seniority is to stay on or in a case where a senior employee is to have his grade reduced while a less senior employee remains at a higher grade there will be an explanation given to the ▇▇▇▇▇▇▇ from the department of the job.
(ii) If there are no vacancies available an more senior employee promoted from another position within outlining the reasoning behind the company’s actions. Employees who have the same seniority block may opt to displace date will have the first letter of their surname effect their seniority by alphabetical order, In all cases where an employee changes grade as the result of this layoff procedure shall receive the top rate in the new grade, provided the top rate does not exceed current rate. If the top rate of the new labour grade exceeds current rate, shall be paid at current rate of pay. If the employee currently filling changes classification but not grade as the position originally held by shall which result of this layoff procedure received on thejob from maintain the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) rate which was displaced. If an employee is not placed through the option of (a)(2)(ii) above, then they may opt unable to displace any employee in the junior unit will receive notice of layoff as per section of this Agreement and at the designated time will become an inactive employee-layoff. In the case where an employee currently filling finds that must take a position within that classification originally held, providing reduction of two job grades or more as a result of the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee bumping procedure will have the option of displacing taking the most senior auxiliary status of layoff rather than accept such lower position. An employee's job grade shall be defined as follows for the sole purpose of utilizing this layoff grade decrease clause. An employee's job grade is the highest job grade in which has accumulated at least six months working experience. The employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this sectionmust however, shall retain their regular status unless they fail to maintain 1200 hours have worked at least five working days in that grade during the straight-time rate within twelve months prior to the previous 26 pay periods except as provided under Article 21 - Maternityinvoking of the layoff procedure. In case of temporary layoffs of four working days or less, Parental the seniority provisions herein may be waived. Temporary layoffs will not be abused by The Company, and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered restricted to have auxiliary status for purposes one "temporary layoff per employee in any six month period. LAYOFF NOTICE In the event of Clauses 15.6 and 15.7 vacation scheduling and notice impending layoff due to lack of layoff as specified in (b) below. Where an work, the employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority affected shall be credited as auxiliary seniority for the purposes of layoff and recall onlygiven forty-eight hours advance notice; or in lieu thereof, sixteen hours pay. Calculation The Local Union President shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1)notified prior to the employees, (2) and (3) above, regular employees to be retained where practical. Seniority shall be qualified maintained and able to perform the work which is available after a period of familiarization.accumulatedduring:
Appears in 1 contract
Sources: Collective Agreement
Layoff. A. In case of a layoff, all employees in either the Tooling Mechanic, Flight Operations Mechanic, Maintenance Mechanic, Assembly Mechanic, Process Mechanic, Maintenance Generalist, or Support Coordinator job classification will be laid off first before any employee in a job classification in their respective Labor Grade is laid off.
B. In case of a layoff within a job classification, the sequence of layoffs in the job classification shall be: first, employees transferred in lieu of layoff within the preceding thirty (130) Layoff working days; second, by seniority in the job classification as defined in Section 2A above.
C. During the 2007 negotiations both parties agreed to the creation of regular the following classifications: Tooling Mechanic, Flight Operations Mechanic, Maintenance Mechanic, Assembly Mechanic, Process Mechanic, Support Coordinator and Maintenance Generalist, with the understanding that these new Classifications would not be populated until all traditional classifications employees with less than three years' service seniority within their respective labor grade have been recalled. 49 • Those members on layoff status in the Utility and Munitions labor grade and any future layoffs in traditional classifications will be the first considered for any positions that become available within the newclassifications outside of their respective Labor Grade. • Those members whose recall rights expired after the May 2004 agreement will be the second considered for any positions that become available within the new classifications. • Those hired into the new classifications will be surplused or laid off prior to any other traditional classifications within their respective labor grade being surplused or laid off. • Any traditional classifications that are laid off shall be in reverse order of seniority recalled to their traditional classification, before any new classifications within a classification and within the seniority block as specified in this agreementtheir respective labor grade are recalled.
(i) A regular A. An employee designated due to be laid off may apply for available openings through the Company’s internal job posting system. 50
B. An employee who becomes subject to layoff may opt and who is granted a transfer in lieu of layoff to use Clause 13.4(c)(2)(i) and (ii) providing a different job classification shall be kept on the employee exercising such an option has the qualifications to meet the requirements Seniority List of the job.
(ii) If there are no vacancies available an employee promoted job classification from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated which they were so transferred for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.sixty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (A. The word "layoff" means a reduction in the working force due to a decrease in work, or financial, or budgeting considerations. Whenever a layoff occurs the following procedure will be followed:
1) Layoff . The affected employee of regular employees with less than three years' service seniority the bargaining unit shall be placed into a vacant position within their classification providing the employee of the bargaining unit is qualified, on the basis of qualifications and experience, related to the particular job description in question, as determined by management, to perform the work.
a. If more than one vacancy exists in the bargaining unit employee’s classification, the employee of the bargaining unit shall have the choice as to which position they will be placed in provided they meet the qualifications of the vacant position.
2. If there is no vacant position within the bargaining unit employee’s classification, the employee of the bargaining unit shall have the right to bump an employee of the bargaining unit of lesser seniority within their classification provided they are qualified to perform the work.
a. The employee of the bargaining unit shall first attempt to bump the least senior employee of the bargaining unit within their classification. If they do not secure this position they shall continue to attempt to bump within the classification in reverse order of seniority within beginning with the least senior employee in their classification.
b. Should the employee of the bargaining unit not secure a position in their classification and they shall follow the above procedure within the seniority block as specified next lower classification. This process may be continued until all possibilities in this agreementlower classifications have been exhausted. If the employee of the bargaining unit secures a position in a lower classification they shall receive their current rate of pay for the remainder of the current fiscal year.
3. All subsequent employees of the bargaining unit displaced, as a result of the initial layoff shall follow the procedure in (i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i1) and (ii2) providing above.
a. When an employee of the bargaining unit is subject to layoff, that employee of bargaining unit shall be notified by the Office of Human Resource Management ten (10) working days in advance of the date the layoff will occur and at that time shall be notified of the position for which they qualify as outlined in (1) and (2) above.
B. At least ten (10) working days prior to the employee exercising such an option has the qualifications to meet the requirements of the jobbargaining unit receiving their notice of the layoff, the matter shall be discussed between the Office of Human Resource Management and the Association.
(ii) If there are no vacancies available C. When an employee promoted from another position within of the same seniority block may opt to displace bargaining unit accepts a lower classification as a result of the layoff procedure, if mutually agreeable between the supervisor and the employee currently filling of the bargaining unit, they shall return to their former position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationshould it be vacated. This option shall be exercised only within the same seniority block.
five (iv5) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless working days. If they fail to maintain 1200 hours worked at take the straightposition, the job will immediately be posted under Article 6.00.
D. Probationary employees and non-unit part-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority employees shall be credited as auxiliary seniority for laid off before full-time and permanent part-time employees of the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)bargaining unit.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff A. In the event there is a reduction of regular personnel within the bargaining unit, employees with less than three years' service seniority shall be reduced within the layoff groups as follows:
1. Accounts Payable, Administrative Assistants, Athletic Secretary, Financial Assistants, High School Principal Secretary (52 week employees)
2. Secretary I
3. Secretary II
4. Paraprofessionals/Paraeducators/ (hourly employees) Employees shall be reduced in reverse order of inverse seniority within the layoff group being reduced, provided there is a classification more senior employee who has either previously performed satisfactorily in the position or possesses the minimum skills required and can demonstrate within a twenty (20) work day trial period, the seniority block as specified in this agreementpresent ability to perform all of the duties of the position from which the less senior employee is reduced.
B. Procedure (i) For Transportation Paraprofessionals, see Article X.A., paragraph 4)
1. An employee laid off from layoff group 1 (Section A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained option to accept layoff or to exercise the right to displace the least senior employee from layoff group 1, 2 or 3 (Section A above). An employee laid off from group 2 (Section A above) shall have the option to accept layoff or to exercise the right to displace the least senior employee from lay off group 2 or 3 (Section A above). An employee whose position is eliminated, or who is displaced due to reduction of personnel, shall have the right to displace the least senior employee within the same classification who is working the same number of hours, or in the alternative the closest number of hours as the reduced employee or a lower paid classification, provided the employee has the qualification and ability to perform the duties of the position. A full-time (i).
(36.5 hours or more per day) Upon layoff, a regular employee will have the option right to displace a less (least) senior full-time employee before part-time. Employees who exercise the right to displace and accept a position in the Paraprofessional or Paraeducator/Transportation Paraprofessional classification shall not lose their recall rights to their former classification. Reduction of displacing personnel will be utilized when there are more employees than positions remaining. In the most senior auxiliary employee, event that there remain the same number of employees within the same seniority block and going onto auxiliary recall listsbargaining unit as existing bargaining unit positions, the Employer will invoke involuntary transfer (Article VIII,D) to avoid layoff, provided the employee is qualified for the position available.
2. When there are multiple layoffs, the highest senior laid off employee shall have the first choice of the lowest (4least) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leavesenior positions; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.i.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block blocks as specified in this agreementAppendix 3—Seniority Blocks and Units.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockblock and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, employee within the same seniority block and going onto auxiliary recall listslists within the geographic boundaries of the seniority block.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - 21-Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 and 15.7 15.4 of this agreement, the vacation scheduling provisions and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff
14:01 Where layoffs of regular employees are necessary due to the seasonal nature of golf in Manitoba, employee layoffs will take place commencing with less than three years' service seniority shall be in reverse order of seniority within a classification the most junior employee and within ascending from there to the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt most senior employee. This Article is subject to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has requirement that the employees who are retained must have the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able ability to perform the job after a period of familiarizationduties which the remaining employees will be required to perform.
14:02 Employees who were employed as of April 1, 1995 and thereafter shall receive at least two (iii2) weeks’ notice in writing of their date of being laid off,
14:03 Employees laid off shall be placed on a recall list, and shall be called back to work to their positions as required, beginning the most senior employee and descending from there. The Union shall be provided with a copy of the recall list plus any amendments. If an employee is not placed through takes early layoff before the option end of (a)(2)(ii) abovethe season, then they may opt to displace his recall order for the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option next season shall be exercised only within adjusted accordingly (as if he had been laid off in seniority order at the same seniority blocktime of early layoff). An employee requesting early layoff must do so in writing.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).14:04 Employees on a recall list shall:
(3a) Upon layoff, a regular employee will have Report any change of address and/or telephone number to the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.Employer without undue delay;
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an When recalled to their positions, respond to it within seven (7) days;
(c) Return to work within fourteen (14) days of the recall, or to such other date as may be agreed to between the employee loses regular status by failing to maintain 1200 hours and the Employer;
(d) Except for good and sufficient reasons accept the recall in 26 pay periods as referenced above, their previous regular service seniority accordance with this section or the employee shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation deemed to have resigned.
14:05 Notwithstanding any other provision in this Agreement, no new employees shall be based on 1827 hours hired until all employees who are laid off have been given the opportunity of auxiliary seniority per year of regular service seniority (prorated for partial years)being recalled.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1a) Layoff A short term layoff shall mean:
i) a layoff resulting from a planned temporary closure of regular employees with less than any part of the Employer’s workplace during all or part of the months of July and August ( a summer shutdown) or during the period between December 15th and January 15th inclusive (Christmas shutdown); or
ii) a layoff resulting from a planned temporary closure, not anticipated to exceed six months in length, of any part of the Employer’s workplace for the purpose of construction or renovations; or
iii) any other temporary layoff which is not anticipated to exceed three years' service seniority shall be (3) months in reverse order of seniority within a classification and within the seniority block as specified in this agreementlength.
(ib) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing In the employee exercising such an option has event of a short term layoff, the qualifications to meet Employer shall provide the requirements of the joblocal Union with no less than 30 calendar days’ notice.
(c) Cancellation of single or partial shifts shall not be considered a layoff, however it will be conducted on the basis of the reverse seniority of employees in the classification affected. A partial or single shift reassignment will not be considered a layoff, however it will also be conducted on the basis of reverse seniority in the classification affected.
(d) An employee who has been notified of a short-term layoff may:
i) accept the layoff; or
ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace retire if eligible under the employee currently filling terms of the position originally held by the employee designated for layoffEmployer's pension plan as outlined in Article 19; or
iii) elect to transfer to a vacant position, providing the employee exercising such a displacement option has greater seniority and is provided they are qualified and able to perform the job after a period of familiarizationavailable work; or
iv) displace the least senior employee in the bargaining unit whose work they are qualified to perform.
(e) A "long-term layoff" shall mean any layoff which is not a short-term layoff.
(f) In the event of a proposed layoff at the Hospital of a permanent or long-term nature the Hospital shall:
i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position; and
ii) provide to the affected employee(s) no less than five (5) months written notice of layoff.
(g) An employee who has been notified of a long-term layoff may
i) accept the layoff; or
ii) opt to retire if eligible under the terms of the Employer's pension plan as outlined in Article 19; or
iii) If an employee is not placed through the option of (a)(2)(ii) above, then elect to transfer to a vacant position provided that they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is are qualified and able to perform the job after available work; or
iv) displace another employee, in any classification for which qualified, and who has lesser bargaining unit seniority and who is the least senior employee on a period of familiarization. This option shall be exercised only within unit or area whose work the same seniority blockemployee subject to layoff is qualified to perform.
(ivh) The employee displaced pursuant In all cases of layoff, the Employer shall meet with the local Union to (review the following:
i) the reasons for the layoff and the expected duration of the layoff if short term
ii) or (the service which the Employer will undertake after the layoff;
iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have method of implementation including the option areas of displacing cut-back and the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall laid off; and
iv) any limits which the parties may agree on the number of employees who may be qualified and able newly assigned to perform the work which is available after a period of familiarizationunit or area.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff of regular employees The employee to be laid off shall be the employee with less than three years' the least service seniority shall be in reverse order of seniority within a the same classification and within the same seniority block as specified in this agreementblock.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i13.5(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockblock and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) . Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) lists with the Employer within the geographic boundaries of the seniority block. A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Pre adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 - Notice of Work Schedules and 15.7 15.4 - Short Changeover Premium, the vacation scheduling provisions and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) . Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1a) Layoff An employee whose job is abolished or declared redundant, or who is displaced or laid off for any reason will be entitled to exercise their seniority rights in the following manner and order, provided the employee is able to perform the work and subject to the other provisions of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block as specified in this collective agreement.:
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing First, the employee exercising such an option has will be entitled to displace (bump) a less senior employee in the qualifications to meet the requirements of the jobsame job classification at their current site.
(ii) If there are no vacancies available an Second, if the employee promoted from another position within is unable to exercise the displacement provided above, they may displace a less senior employee in the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarizationclassification at other sites.
(iii) Third, if the employee is unable to exercise the displacement provided above, they may displace a less senior employee in other departments.
(b) Layoffs will only be permitted at the end of the current sign-up period. The Commission shall provide the Union with a minimum of sixty (60) days notice prior to all layoffs. The Commission agrees that in the event of a layoff, employee(s) shall be laid off in the reverse order of their bargaining unit seniority. Recall of employee(s) following a layoff shall be in order of bargaining unit seniority, and recall rights shall not exceed a period of thirty-six (36) months.
(c) If a job is reinstated in any department, at any site, such job must be offered to the originally displaced employee before being offered to other bargaining unit employees.
(d) After being notified of recall by phone and registered mail to the employee’s last known address, the employee must be available to return to work within thirty (30) days. It shall be the employee's duty to notify the Commission promptly of any change in phone number and address. If an employee should fail to notify the Commission of such change, the Commission will not be responsible for failure to reach said employee.
(e) The Commission shall continue to provide, at its own expense, group health insurance, excluding short-term disability and long-term disability benefits, for all employees on layoff for a period of ninety (90) days. If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after laid off for a period of familiarization. This option shall more than ninety (90) days, their benefits will be exercised only within cancelled during the same seniority blockremaining period of layoff unless the employee chooses to pay the premiums.
(ivf) The employee displaced pursuant to (ii) or (iii) Employees that are laid off and recalled in the same calendar year shall have the options contained in (i).
(3) Upon layoff, a regular employee will have be given the option of displacing the most senior auxiliary employee, within the same seniority block to re-sign missed vacation and going onto auxiliary recall listsfloater days or be paid out upon return.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) A. Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block as specified used in this agreement.
Article means: (i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and reduction in the work force; (ii) providing the employee exercising such an option has the qualifications to meet the requirements for bargaining unit members working in more than one classification, elimination of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held all hours worked by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) them in any one classification; or (iii) shall for Full Time employees, as defined by Article I, any reduction in total hours (total posted hours for the employee's positions).
B. As provided in the Seniority Article, seniority is bargaining unit wide, based on employment within the bargaining unit, and transfers with employees moving from one bargaining unit classification to another.
C. Bargaining unit members will not be laid off without at least thirty-one (31) calendar days’ notice except in an emergency, or in the event of bumping, in which case they will be given at least two (2) weeks’ notice whenever reasonably possible.
D. In the event of a layoff, the Employer and the Association will meet to discuss implementation, including transfer of employees and adjustment of hours. The procedure below need not be followed; the parties may agree to place any employee(s) in any position(s). Bargaining unit members will assume positions as mutually agreed between the Employer and the Association. Affected employees will have input into such decision.
E. Unless otherwise agreed, so long as the remaining employees have the options contained necessary qualifications, skill and ability to perform all remaining work:
1. The Employer will first lay off (or reduce the hours of) probationary bargaining unit member(s) working in the classification.
2. The Employer will thereafter lay off (i)or reduce the hours of) the least senior bargaining unit member(s) working in the classification.
3. Bargaining unit members who would be laid off may thereafter bump according to the following procedure. An employee must normally bump into the bumped employee's entire schedule in that classification and cannot bump into part of an employee's assignment. (An employee may, however, bump into an employee's entire bus run that makes up less than the employee's entire bus schedule; for purposes of this Article, a bus run is the bus driver's entire morning, midday or afternoon schedule notwithstanding that the particular schedule includes bussing of students from more than one school.) Schedules for employees desiring to work in more than one classification must be compatible.
a. The Employer will notify affected bargaining unit member(s) of the pending layoff.
b. A bargaining unit member with the necessary seniority, who would otherwise be laid off, has the option to bump:
(1) A less senior employee with a compatible schedule (including bus runs that make up less than a full schedule) in the same classification as such layoff/ elimination;
(2) A less senior employee with a compatible schedule in the same classification grouping but in a lower classification; or
(3) Upon layoffA less senior employee with a compatible schedule in the Building Custodian classification, a regular less senior employee will have with a compatible schedule in the option Bus Driver classification (including bus runs that make up less than a full schedule), a less senior employee with a compatible schedule in the Satellite Kitchen Worker classification (so long as no more than fifty percent of displacing the most Satellite Kitchen Workers working in any one building are laid off or otherwise eliminated from such positions during any one school year) or a less senior auxiliary employee, within employee with a compatible schedule in the same seniority block and going onto auxiliary recall listsMain Kitchen Worker classification (so long as no more than fifty percent of the Main Kitchen Workers working in any one building are laid off or otherwise eliminated from such positions during any one school year).
(4) A regular If an employee who chooses can demonstrate qualifications, skill and ability to go onto fill a position in an equal or higher paid classification, whether or not in the auxiliary recall list pursuant to this sectionsame classification grouping, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)position.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Master Agreement
Layoff. (1a) Layoff The Company will endeavour to give at least two (2) weeks’ notice of regular layoff where business circumstances permit. Where business circumstances do not permit this notice, the ▇▇▇▇▇▇▇ will explain the circumstances to the Union at the time the notice is given.
(b) In laying off, and in determining shift assignment as between employees with less than three years' service doing the same job, seniority shall be in reverse order of seniority within a classification and within the seniority block determining factor as specified in this agreement.follows:
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and All jobs with learner periods shall be filled by the senior persons who are fully qualified on the job, (ii) providing the employee exercising such an option has the qualifications to meet the requirements have successfully completed all of the learner periods of the job as evidenced by documentation on Company records) or currently in a learner position on the job. However it is understood and agreed the Company shall have the right to retain the most senior fully qualified employee if it establishes that there is not one (1) fully qualified employee available to train on the same shift.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is All jobs that do not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option have learner periods shall be exercised only within filled in order of seniority. However it is understood and agreed that in all cases the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) Company shall have the options contained in (i).
(3) Upon layoff, a regular right to pass over an employee will if it establishes that he does not have the option of displacing the most senior auxiliary employeenecessary skill, within the same seniority block ability and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able physical fitness to perform the work available. For a layoff which is available after in the judgment of the Company will not extend beyond three (3) consecutive days, application of seniority shall be by department or skilled occupational group within the department. A longer layoff will be dealt with by applying seniority on a plant wide basis. When the Company shuts down it’s operations for a specific period of familiarizationtime, any available work assignments during the shutdown period will be dealt with by applying seniority on a plant wide basis as per 8.05 (a). At the end of the shutdown period, all employees who were reassigned or laid off will return to the job they were holding immediately prior to the shutdown. The Company will provide a familiarization period of five (5) working days to employee’s who bump into a job. The Company will provide a familiarization period of ten (10) working days to employees who bump to a job, where the job has changed as evidenced by G- Forms attached to the job description dated after the learner periods were completed.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff of regular employees The employee to be laid off shall be the employee with less than three years' the least service seniority shall be in reverse order of seniority within a classification the same classification, same ministry and within the seniority block as specified in this agreementsame geographic location.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block ministry and geographic location may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockministry and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employeeemployee in the ministry, within the same seniority block geographic location and going onto auxiliary recall listslists within the ministry within the geographic location.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - 21—Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 and 15.7 15.4 of the Master Agreement, the vacation scheduling provisions of component agreements and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated pro-rated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Master Agreement
Layoff. (1. When a decrease of positions occurs for any reason in any job classification in any pay range number, the employee(s) Layoff of regular employees with less than three years' service the least seniority in the affected job classification being reduced shall be displaced first. Such displaced employee(s) may on the basis of seniority, and provided the displaced employee has the ability to do the work, displace the most junior employee in reverse order of seniority within a any job classification and lower in pay grade within the seniority block as specified in this agreementbargaining unit.
(i2. However, no employee(s) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(ishall be laid off if such employee(s) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able ability to perform the work which is available of any limited term or hourly employee employed in any position classification equal to, or lower in pay grade within the bargaining unit.
3. Permanent employees whose positions are being eliminated or who are being displaced by senior employees shall be given written notice of the action not less than fifteen (15) calendar days prior to the effective date; provided, however, that written notice shall not be required under situations caused by conditions beyond the control of the Employer.
4. The Union shall be provided with copies of all layoff notices sent by the Employer, or if no written notice, by telephone. Representatives of the parties and the employees receiving such notices shall meet at the earliest possible date for the purpose of exploring whether or not mutually agreeable alternatives to layoffs exist and for the purpose of effecting such layoff(s) as are necessary. The employees receiving such notices shall have not more than forty eight (48) hours after the meeting between the parties to exercise their options.
5. Because of their mutual commitment to affirmative action, during the term of this agreement, both parties agree to meet periodically for the purpose of studying the issue of layoff override procedures.
6. Employees who are displaced and become unemployed as a direct cause of the transfer of a department/division operation to another unit of government or the subcontracting of said operation to a private entity shall be eligible to receive up to the equivalent value of their accumulated unused sick leave credits computed at their prevailing rate (including longevity pay) in effect at the time of the employee’s layoff not to exceed the value of six (6) months of the Employer’s normal contribution toward health insurance. These funds will be placed in an escrow account administered by the City and will be used to continue the City’s normal contribution toward health insurance premiums for a period not to exceed six (6) months following the date of familiarizationlayoff or until such time as he/she becomes employed or until such funds are exhausted, whichever occurs first. If the eligible employee is recalled or rehired by the City of Madison within twenty four months of the layoff, the accumulated unused sick leave credits not converted to the escrow account for health insurance contributions pursuant to this article shall be restored to the employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 21.1 In the event of layoff, affected bargaining unit members will be laid off in accordance with the Personnel Rules of the City, except as described in this Article.
21.2 The least-senior regular employee in the Emergency Communications Analyst or the Systems Analyst class in the CARE Department who is laid off or is displaced pursuant to the immediately preceding paragraph may displace the employee having the least seniority in a class of the Communications Dispatcher (“Dispatcher”) class series when (1) Layoff of the displacing employee has had prior service as a regular employees with or probationary employee in such class, and (2) the employee to be sequentially displaced has less service in the class than three years' service seniority the displacing employee.
21.3 The above provisions for employee transfers to avoid layoff from the Police Communications Analyst or the Systems Analyst class in the Communications Section shall be in reverse order of seniority within a classification and within subject to the seniority block as specified in this agreement.following limitations:
(i) A A. No regular employee designated for layoff may opt in the Emergency Communications Analyst or the Systems Analyst class, in order to use Clause 13.4(c)(2)(i) and (ii) providing avoid layoff, shall displace another employee, including employees in the Dispatcher class series, unless the displacing employee exercising such an option has possesses the qualifications skills necessary to meet perform the requirements duties of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing to be displaced.
B. Upon written showing by the appointing authority and approval of the Seattle Human Resources Director that the displacing employee exercising such a displacement option has greater seniority and is qualified and able does not possess the skills required to perform the job after a period duties of familiarization.the position held by the least senior employee in the highest class of the Dispatcher class series in which the displacing employee has prior service, the Seattle Human Resources Director may authorize the displacing employee to displace:
(iii1) If an The next least senior employee, continuing in sequential order as necessary until the position held by a less senior employee is not placed through reached where the option of (a)(2)(ii) above, then they may opt Director determines that the displacing employee has the required skills to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to immediately perform the job after a period duties of familiarization. This option shall be exercised only within the same seniority block.position; or in the event no such position is found:
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) aboveThe least senior employee in a lower class of the Dispatcher class series, regular employees where the Seattle Human Resources Director determines that the displacing employee has the required skills to be retained immediately perform the duties of the position.
C. Employees in the Emergency Communications Analyst or the Systems Analyst classes in the CARE Department shall not accrue service credit for layoff purposes in the Dispatcher class series, except in the event of subsequent layoff from a position in the Dispatcher class series, as provided by Personnel Rule 6.2. .
21.4 Nothing in this Article shall be qualified construed as recognizing the Emergency Communications Analyst and able to perform the work which is available after a period Systems Analyst in the CARE Department as being part of familiarizationthe Dispatcher class series.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff.
Section 1. Layoff shall be defined as a separation from service for involuntary reasons not reflecting discredit upon employees. The Employer shall determine the number and classifications to be laid off. All employees on initial probation within the bargaining unit classification within the assigned facility selected for layoff shall be laid off before any layoffs of regular full-time or on-call non-probationary employees within the bargaining unit classification within the assigned facility. The term “assigned facility” as used in this Agreement means the facility where an employee predominantly reports for his/her shift.
Section 2. The layoff procedure shall occur in the following manner:
a) An employee shall be given thirty (30) calendar days notice of layoff in writing.
b) The least senior full-time employee shall be laid off by bargaining unit classification within the assigned facility.
c) An employee notified of pending layoff shall select one (1) Layoff of regular employees with less than three years' service seniority shall be the following options and communicate such choice in reverse order of seniority writing to the Employer within a classification and within the seniority block as specified in this agreement.
ten (i10) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing calendar days from the employee exercising such an option is notified in writing:
1) Accept demotion to a former classification previously served, including bumping the least senior employee in that former classification, provided the bumping employee has more classification seniority in the qualifications to meet former classification, and provided that the requirements receiving manager determines that, on the basis of relevant job skills, the affected employee can perform all of the job.duties of the specific position adequately within two weeks or;
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv2) The employee displaced pursuant may elect to (ii) or (iii) be laid off. Employees laid off shall be placed on the layoff list for the classification from which they were removed.
Section 3. An employee who is laid off shall have recall rights for one year to a vacant position in the options contained classification within the assigned facility from which they were laid off and for which they are qualified to perform. It is the responsibility of the employee to notify the Metro Human Resources Department of changes to his/her contact information in (i)order to be eligible for recall rights.
(3) Upon layoffSection 4. On re-employment of laid off employees, the Employer shall notify the employee by certified letter, with a regular copy to the Union, mailed to their last known address. The employee will shall have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
five (5) Notwithstanding (1), days to report their intentions to the Employer and shall report to work within two (2) and (3) above, regular employees weeks after notification by the Employer or as mutually agreed. Failure to be retained shall be qualified and able accept recall to perform the work which is available after a period of familiarizationwill terminate any rights for re-employment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1a) Layoff For purposes of regular this article, a layoff is defined as a loss of employment by a permanent employee as a result of reorganization or the elimination of his/her position, or as a result of a reduction in the hours worked in his/her position by more than seven (7) hours per week.
(b) Permanent employees with less than three years' service seniority shall be laid off in reverse order of seniority within a classification and within pursuant to the seniority block as specified in this agreement.following subsections:
(i1) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee Permanent employees, designated for layoff, providing shall have the right to bump a more junior bargaining unit employee, provided the senior employee exercising such a displacement option has greater seniority the skill, knowledge and is qualified and able ability to perform the job duties required after a period of familiarizationbrief familiarization orientation period.
(iii2) If an employee Upward bumping to a higher paid classification is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising permitted under this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i)article.
(3) Upon layoff, When a regular senior employee will have the option of displacing the most senior auxiliary bumps a junior employee, within the same seniority block and going onto auxiliary recall listssenior employee shall assume the hours of work of the position into which he/she bumps.
(c) To be eligible to bump a more junior employee under this article, employees designated for layoff must notify the Director or designate of their intention to do so, within ten (10) regular business days after being so designated. Failure by the employee to do so shall result in loss of all bumping rights.
(d) The Employer shall notify employees designated for layoff, four (4) A regular employee who chooses calendar weeks prior to go onto the auxiliary recall list pursuant effective date of their layoff. After three (3) years of continuous service, an additional calendar week's notice shall be provided for each year of continuous service, to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes maximum of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in eight (b8) calendar weeks' notice.
(e) below. Where an employee loses regular status by failing to maintain 1200 hours bumps a more junior employee under this article, the change in 26 pay periods as referenced above, their previous regular service seniority job and/or location shall be credited as auxiliary seniority for entirely at the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)employee's expense.
(5f) Notwithstanding (1)As an alternative to the layoff of a junior employee under this article, (2) a senior employee may voluntarily offer to take layoff and (3) aboveto be placed on the recall list, regular employees provided the junior employee to be retained shall be qualified has the skill, knowledge and able ability to perform the work which is available after a period of familiarizationavailable.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff of regular . Whenever layoffs become necessary, part-time and temporary employees with less than three years' service seniority shall be laid off first.
2. If it becomes necessary in reverse the judgment of the Company to lay off regular full time employees, the Company will notify the Union, in writing, of such judgment. During the next thirty (30) day period following such notice, the Company and Union will discuss the subject and attempt to reach agreement on the manner of implementing such layoff. Such discussions will include any suggestions the Union might wish to make in the interest of reducing the impact of layoff. If such agreement is reached, the layoff will proceed in accordance with such agreement. If no agreement is reached within such thirty (30) day period, the layoff will proceed, by job title classification (i.e., within the job title classification where the force adjustment is necessary), in the inverse order of seniority.
3. The Company may attempt to eliminate the surplus through voluntary means before proceeding to a layoff. The Company may accomplish this through a “voluntary lay- off” procedure whereby employees in the impacted surplus classification(s) may be offered voluntary lay-off in order of seniority within a classification and within until the seniority block as specified in this agreementsurplus is eliminated. The Company is not required to offer any incentive, but is permitted to identify the incentive, if any, at the time of the event.
4. In recalling after a layoff, the Company agrees to offer re-employment to the extent to which additional help is needed to former employees in the job title classification involved in the inverse order in which such employees were laid off (ia) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing provided, however, that the employee exercising such an option has is qualified in the qualifications to meet the requirements judgment of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able Company to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked available work at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental offer of employment is made and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for provided also that the purposes period of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), does not exceed two (2) and years.
5. Any employee who would otherwise be laid off shall have a right to claim a job in another job title classification, provided (3a) above, regular employees to be retained shall be qualified and able to that he/she can perform the work which satisfactorily; (b) that the job he/she claims is available after in the same wage schedule as his/her job or in a period of familiarizationlower wage schedule; and (c) that the job he/she claims is held by a less senior employee. An employee could also claim a higher wage rated job (held by a less senior employee) if the employee had previously held that job and performed the work satisfactorily.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. DURING THE FIRST YEAR WITHIN SIX (16) Layoff MONTHS OF RATIFICATION OF THIS AGREEMENT, THE PARTIES AGREE TO CONVENE A COMMITTEE TO REVIEW CURRENT LAYOFF PROCEDURES/ LANGUAGE AND POTENTIAL ALTERNATIVE PROCEDURES/LANGUAGE. ANY RECOMMENDATIONS FROM THE COMMITTEE SHALL BE REFERRED TO THE BARGAINING TEAMS FOR BARGAINING.
a. If the District determines the need for a reduction in its workforce, notice of at least two weeks 90 days shall be provided to employees to be laid off and to the Chapter President. No regular employees shall be laid off within a job classification as hereafter set out until all probationary employees, temporary employees, or retiree/rehires in such classification have been terminated. Employees within a job classification as hereafter set out shall be laid off in the inverse order in which they were hired with the District.
b. An employee who has total length of continuous service with the District which is greater than that of employees (a) in lower job classification within the categories as hereinafter set out or then (b) in a job classification in which he/she has had prior work experience with the District, and for which he/she is qualified at the time of layoff, shall bump any such other employee provided employee performance in the prior position was satisfactory up to and including the time of transfer. A bumped employee shall in turn bump an employee with less than three years' service seniority in the same classification and if there is no less senior employee, such bumped employee shall bump out of classification on the same terms as described in the foregoing sentence. An employee who bumps out of classification shall be compensated at the range for the classification into which he/she has bumped at the same step occupied prior to bumping placed at the step closest to their current hourly wage prior to bumping, or at the highest step he/she had previously worked at within the classification into which he/she bumped, whichever is greater.
c. Laid off employees who have recall status and who are successful applicants as new hires for positions not previously held by them will receive credit for vacation accrued prior to layoff as provided in Article 7.4.1 and immediate eligibility for insurance coverage as provided in Article 5.
d. When forces again increase, the employees within job classification categories shall be returned in the inverse order in which they were laid off. In such cases, seniority shall be in reverse used to determine the order of seniority within a classification layoff and within return to work consistent with the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) employee’s qualification and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able ability to perform the job after a period to which his/her seniority entitled him/her. No new employees will be hired into classifications from which employees are laid off and remain qualified to perform. Notice of familiarizationrecall shall be sent to eligible employees via certified return receipt mail. Failure to timely respond to recall, the maximum being two weeks from date of receipt of notification, shall be considered as immediate voluntary termination.
(iii) If an employee e. However, if recall is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that the classification originally held, providing or number of hours of which is at a lower level than the employee exercising this displacement option has greater formerly occupied, the employee may choose not to return until a position becomes open which is comparable to his/her former position, without loss of placement on the layoff list. Layoff status will automatically terminate twenty four (24) months from the date of layoff.
f. For purposes of the foregoing paragraph, seniority shall mean the classified employee’s total length of continuous service with the District.
g. Layoff rankings and is qualified priorities will not be applicable where the District must comply with state and able to perform federal mandates such as PL 101 476 Individuals with Disabilities under the job after a period of familiarization. This option Education Act.
h. Any employee laid off under the previous collective bargaining agreement shall be exercised only within entitled to recall under the same seniority blockterms set forth in paragraphs d. and e. above and additionally shall be entitled to recall in any classifications to which she/he he/she could have bumped had the foregoing provisions been in effect at the time he/she was laid off.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority i. Job categories for the purposes of this layoff and recall only. Calculation article are as follows: Category 1 Administrative Assistant-Education* Office Manager Office Assistant Secretary Category 3 Accounting Payroll Specialist* Accounting Clerk Category 4 Multlith Operator II Site Multlith Operator I Category 5 Technical Support Specialist Category 6 Senior Programmer Analyst* Computer Programmer III Computer Programmer II Category 7 Network Administrator Electronic Technician II Electronic Technician Computer Technician I Category 8 Campus Monitor III Campus Monitor I Category 9 Child Development Program Assistant Center Leader Child Development Center Assistant Child Development Center Monitor Category 10 Educational Assistant – ELL/Special Education, ELL Success Specialist Educational Assistant Educational Support Staff Category 11 Educational Assistant - Computer Lab Category 12 Media Center Technician Media Center Assistant High School Media Center Assistant Middle School Category 13 Title Support Staff Early Reading Interventionist Classroom Literacy Assistant Category 14 Positive Attendance Support Specialist Category 15 Speech Language Pathology Assistant Category 16 Head Custodian II** Head Custodian I** Custodian II Custodian I Category 17 Groundskeeper Category 18 Maintenance Specialist – Welding Category 19 Maintenance Specialist - Painting Carpentry/Cabinetry Maintenance Specialist – Locksmithing/Carpentry Maintenance Specialist – Carpentry/Cabinetry Painting Category 20 Maintenance Specialist – Electrical II Maintenance Specialist – Electrical I Maintenance Specialist – Heating/Air Conditioning Maintenance Specialist – Plumbing Category 21 Warehouse Worker II Category 22 Theatre Technician Category 23 Resource Conservation Specialist Category 24 Translator/Interpreter Category 25 Purchasing Coordinator *These positions shall be based transferred to the classified bargaining unit no later than July 1, 2017, unless vacated or incumbents voluntarily wish to transfer to the classified bargaining unit prior to that date. **These positions have been proposed to the Classification Review Committee as new classifications. A final disposition on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)the proposal has not yet been reached.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. A) In the event it becomes necessary to lay off employees for any reason, employees shall be laid off in the inverse order of their seniority. The Employer agrees to contact the Union when the need for layoffs is apparent. The parties agree to meet as soon as possible to discuss the potential layoffs, as well as any alternative measures. In the event that an alternative solution cannot be agreed upon, the Employer will provide thirty (30) days’ notice (prior to any layoff) to the Union and the affected employee(s).
1) Layoff of regular employees with less than three years' service seniority Employees who are laid-off shall be permitted to bump less senior employees in reverse order of seniority within a classification and within the seniority block other classifications so long as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period work of familiarizationthat position. Qualifications will be determined by the Borough Administration.
(iii2) Employees who are laid-off shall be placed on a Special Re-Employment List and shall be the first to be offered any job openings for which they are qualified, in order of seniority. If an employee refuses the offer their name shall be removed from the Special Re-Employment List. If an employee is not placed through offered and accepts the option of (a)(2)(ii) above, then they may opt appointment to displace the junior employee currently filling a position within which is different from the position they were laid-off from or to a position which is paid at a lower rate than the position they were laid-off from, and then their former position subsequently becomes available, that classification originally heldemployee shall be first to be offered the job opening in the position they were laid-off from, providing the employee exercising this displacement option has greater seniority and is so long as they remain qualified and able to perform the job after a period duties of familiarization. This option the position.
3) Employees shall be exercised only within brought back at the same seniority block.
(iv) The employee displaced pursuant to (ii) rate of pay or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority starting salary for the purposes title which they were rehired whichever of layoff and recall only. Calculation shall be based on 1827 hours the two are higher, but in no circumstance, should rehired employee’s hourly rate exceed the highest salary of auxiliary seniority per year of regular service seniority (prorated for partial years)the applicable title.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular A. In the event it becomes necessary to lay off employees with less than three years' service seniority for any reason, employees shall be laid off in reverse the inverse order of seniority within a classification their seniority. The Employer agrees to contact the Union when the need for layoffs is apparent. The parties agree to meet as soon as possible to discuss the potential layoffs, as well as any alternative measures. In the event that an alternative solution cannot be agreed upon, the Employer will provide thirty (30) days’ notice (prior to any layoff) to the Union and within the seniority block as specified in this agreementaffected employee(s).
(i) A regular employee designated for layoff may opt 1. Employees who are laid-off shall be permitted to use Clause 13.4(c)(2)(i) and (ii) providing bump less senior employees in other classifications so long as the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period work of familiarizationthat position. Qualifications will be determined by the Borough Administration.
(iii) 2. Employees who are laid-off shall be placed on a Special Re-Employment List and shall be the first to be offered any job openings for which they are qualified, in order of seniority. If an employee refuses the offer their name shall be removed from the Special Re-Employment List. If an employee is not placed through offered and accepts the option of (a)(2)(ii) above, then they may opt appointment to displace the junior employee currently filling a position within which is different from the position they were laid-off from or to a position which is paid at a lower rate than the position they were laid-off from, and then their former position subsequently becomes available, that classification originally heldemployee shall be first to be offered the job opening in the position they were laid-off from, providing the employee exercising this displacement option has greater seniority and is so long as they remain qualified and able to perform the job after a period duties of familiarizationthe position.
3. This option Employees shall be exercised only within brought back at the same seniority block.
(iv) The employee displaced pursuant to (ii) rate of pay or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority starting salary for the purposes title which they were rehired whichever of layoff and recall only. Calculation shall be based on 1827 hours the two are higher, but in no circumstance, should rehired employee’s hourly rate exceed the highest salary of auxiliary seniority per year of regular service seniority (prorated for partial years)the applicable title.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff . The Employer shall notify and consult the Union at least four weeks in advance of regular employees with less than three years' service seniority any layoff. Layoffs shall be in reverse by inverse order of seniority within a classification and within job classification. Job classifications are defined as the seniority block as specified job titles listed in this agreement.
(i) A regular Appendix A. Any employee designated for notified of layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option who has greater seniority and is qualified and able than employees in other classifications may, at the option of the employee being laid off, claim a position in another classification if, in the opinion of the Employer, he/she has the job-‐related qualifications to perform the job after job. Disputes on this point are subject to the grievance/arbitration procedure. The result of this layoff procedure should be that the most senior employees who have the job-‐related qualifications to perform the remaining jobs are retained.
2. Any employee dismissed in a layoff shall be given eight weeks' advance notice and severance pay at the rate of two weeks' pay per year of employment.
3. Employees on layoff will be covered for full health and welfare benefits for a period of familiarizationthree months from the date of layoff. If employment is not gained in the first three months, this period of coverage will be extended for an additional three months.
(iii) If an 4. Each employee is not laid off to reduce the force shall be placed through upon a rehire list and shall remain on the option list for two years. Said laid-‐off employee shall be notified by the Employer of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising openings covered by this displacement option has greater seniority Agreement and is qualified and shall be able to perform the job after apply for vacant positions in accordance with Article IV. Time spent on a period rehire list by a laid-‐off employee shall not constitute a break in continuity of familiarizationservice and seniority, nor shall time on such list be counted as service time. This option No pension credits shall be exercised only earned during layoff periods.
5. The Employer agrees to discuss with the Guild, at least forty-‐five (45) days in advance, any proposal to abolish, create or reclassify jobs that fall within the same seniority block.
(iv) bargaining unit. The employee displaced pursuant Employer agrees to (ii) or (iii) shall have discuss with the options contained in (i).
Guild the status of any position left unfilled for more than three (3) Upon layoffmonths, a regular employee will have including the option disposition of displacing work normally carried out by the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall listsperson in that position.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees The employee to be laid off shall be the employee with less than three years' the least service seniority shall be in reverse order of seniority within a classification the same classification, same ministry and within the seniority block as specified in this agreementsame geographic location.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block ministry and geographic location may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockministry and same geographic location.
(iv) The he employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employeeemployee in the Ministry, within the same seniority block geographic location and going onto auxiliary recall listslists within the Ministry within the geographic location.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - 21—Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 and 15.7 15.4 of the Main Agreement, the vacation scheduling provisions of component agreements and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Public Service Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority A “layoff” shall be in reverse order defined as any reduction of seniority within a classification and within the seniority block as specified in this agreementwork force or normal working hours.
(a) In the event of a proposed layoff or the elimination of a position resulting in a layoff within the bargaining unit:
i) Where possible, the Employer shall provide the Union written notice of the layoff and the manner of implementation thereof no less than thirty (30) calendar days prior to said layoff.
ii) Individual layoff notice to nurses shall be provided in accordance with the provisions of the Employment Standards Act.
iii) Any displaced Nurse(s) affected by a layoff shall be deemed to have been provided with the required notice upon giving the originally affected Nurse(s) notice as set out above and a notice regarding the same being posted in the respective workplaces. For Nurse(s) off on an approved leave/vacation, direct notice will be provided individually. Follow up meetings shall be held with affected individual(s) who are to be displaced.
iv) The parties agree to meet to discuss the reasons causing the layoff, the services the employer will undertake after the layoff and to consider suggestions aimed toward minimizing the negative effects of such layoff.
(b) Once the Employer has determined and identified the position(s) to be reduced or eliminated, the appropriate notice will be given to the affected Nurse’s as per (a) above. A regular employee designated for representative of the Employer and Union shall meet with the affected Nurse(s) to discuss their options.
(c) The laid off or displaced Nurse is entitled to:
i) accept the layoff may or;
ii) opt to use Clause 13.4(c)(2)(iretire if eligible under the terms of the Collective Agreement and OMERS legislation, or;
iii) elect to transfer to a vacant position (In this Article, a “vacant position” shall mean a position for which the internal posting process has been completed and no successful applicant has been appointed) or;
iv) displace the junior Nurse on a team provided that the Nurse is qualified to perform the work within a reasonable orientation period of four (ii4) providing weeks as per Article 8.07(c). For clarity, a team is defined as a group of Employees working in a particular area of Public Health. It does not apply to individual job functions within a team.
(d) The Employer will provide the employee exercising such Association with an option has up-to-date seniority list, dated at the qualifications end of the pay period previous to meet the original date of notification as required in (a) above. This will be the ‘official frozen layoff seniority list’ for all layoff notifications(s) issued in the notice provided in (a) above.
(e) Nurses choosing to exercise seniority in order to displace a less senior Nurse shall within three (3) working days of receiving notice of layoff, notify Human Resources in writing of their intent to displace and where, with a copy to the Director of Public Health and the Bargaining Unit President. The Bargaining Unit President will also be provided with a list referencing the full-time equivalent for the positions and which team they are on.
(f) The Employer will not hire any new Nurse to fill a vacancy where there is a Nurse on layoff who is qualified to fulfil the normal requirements of the job. Subject to Articles 8.07, 8.08, and 8.10, a Nurse on layoff will have preference over external applicants to positions and will be recalled, where the Nurse is qualified to perform the normal requirements of the job.
(iig) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such Status of probationary and temporary Nurses shall be reviewed before a displacement option has greater seniority and full-time or part-time nurse is qualified and able to perform the job after a period of familiarizationlaid off.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(ivh) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work parties agree Union representatives will be considered to have auxiliary status for purposes present in all meetings and at all steps of Clauses 15.6 and 15.7 vacation scheduling and notice of the layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)process.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. (1) Layoff STEP One — Identification of regular employees with less than three years' service seniority Affected Employees. Management will identify the jobs to be affected by a layoff. Layoffs of personnel shall be in reverse based on inverse order of core competency level and seniority within a classification and within the seniority block as specified in this agreementline of progression.
(i2) A regular STEP Two - An Employee’s Right to Displace Other Employees.
(a) An employee designated for who is identified on the layoff list as being subject to layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing exercise their seniority/competency level against a less senior qualified employee in the same job, a lateral job or a lower rated job in the same line of progression for which the employee exercising such an option has the ability and qualifications:
(1) The exercise of seniority shall first be against the least senior qualified employee in the same job.
(2) The exercise of seniority/qualifications shall next be against the least senior qualified employee in all jobs lateral to meet the requirements affected employee’s job in the same line of progression.
(3) The third step of exercising seniority/qualifications shall be against the least senior qualified employee in the next lower rated job or jobs. If this lower level has lateral jobs then the third step is against the least senior qualified employee in all the lateral jobs.
(b) Should there be no employee junior in the employee’s line of progression, the affected employee may displace the least senior qualified employee in any job in any line of progression in the same department which the employee has previously been awarded and performed satisfactorily at least 60 work days. Bumping shall sequence from the highest paying job to the lowest. The employee must demonstrate within a two day reorientation period that they have the qualifications and ability to satisfactorily perform the job.
(iic) If Should there are be no vacancies available an employee promoted from another position within junior in the same seniority block employee’s department whom the employee may opt to displace, the affected employee may displace the least senior qualified employee currently filling the position originally held by in any job in any line of progression in any department in which the employee designated has previously been awarded and satisfactory performed for layoff, providing at least sixty (60) work days. Bumping shall sequence from the highest paying job to the lowest The employee exercising such must demonstrate within a displacement option has greater seniority two day reorientation period that they have the qualifications and is qualified and able ability to satisfactorily perform the job after a period of familiarizationjob.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Layoff. (7:6.1 Permanent employees of the District who have a seniority date of June 30, 1978 or earlier will be maintained in their employment for the life of this Agreement unless they are terminated for cause or laid off as a result of reductions necessary because of building closings, change in the State funding formula, and/or changes in the transportation budget. This shall not apply to any employee with a seniority date of July 1) Layoff of regular employees with less than three years' service seniority , 1978 or later who shall be subject to the layoff and recall procedures set forth hereafter.
7:6.2 If a reduction in reverse order force is necessary beyond normal attrition, the Superintendent, after consultation with the Board, shall determine the number and types of positions to be reduced as well as the date such reductions are needed and shall apprise the President of the Union of this information prior to the effective date of the reductions.
7:6.3 In the event of a reduction in force, probationary, casual, and temporary employees shall be terminated before permanent employees are laid off. Thereafter the employee with the least seniority within a classification and within in the affected classification(s)/skill areas shall be subject to such layoff. Such employee, if their seniority is greater than the seniority block as specified of other employees in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority or lower classification in their bumping group and is provided they are qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) abovework, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i)right to replace the employee with the least seniority.
7:6.4 The bumping groups and the hierarchical of the classifications are as follows: Group 1 Group 2 Chief I Maintenance A (3▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Grounds Lead, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, and Mechanic) Upon layoffChief II Chief II Night Custodian Fireman Custodial Maintenance B (▇▇▇▇▇▇▇▇▇, a regular ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Ground Crew, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, Mechanic and Painter) Courier Maintenance C Custodial 7:6.5 An employee exercising their right to be transferred to the same or lower classification rather than being laid off shall receive the salary rate of the classification to which they are being transferred. Such an employee will have be put on the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain in seniority order of their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years)former classification.
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Section 1. Layoff shall be defined as a separation from service for involuntary reasons not reflecting discredit upon employees. The Employer shall determine the number and classifications to be laid off. All employees on initial probation within the bargaining unit classification within the assigned facility selected for layoff shall be laid off before any layoffs of regular full-time or on-call non-probationary employees within the bargaining unit classification within the assigned facility. The term “assigned facility” as used in this Agreement means the facility where an employee predominantly reports for his/her shift.
Section 2. The layoff procedure shall occur in the following manner:
a) An employee shall be given thirty (30) calendar days notice of layoff in writing.
b) The least senior full-time employee shall be laid off by bargaining unit classification within the assigned facility.
c) An employee notified of pending layoff shall select one (1) Layoff of regular employees with less than three years' service seniority shall be the following options and communicate such choice in reverse order of seniority writing to the Employer within a classification and within the seniority block as specified in this agreement.
ten (i10) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing calendar days from the employee exercising such an option is notified in writing:
1) Accept demotion to a former classification previously served, including bumping the least senior employee in that former classification, provided the bumping employee has more classification seniority in the qualifications to meet former classification, and provided that the requirements receiving manager determines that, on the basis of relevant job skills, the affected employee can perform all of the job.duties of the specific position adequately within two weeks or;
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv2) The employee displaced pursuant may elect to (ii) or (iii) be laid off. Employees laid off shall be placed on the layoff list for the classification from which they were removed.
Section 3. An employee who is laid off shall have recall rights for one year to a vacant position in the options contained classification within the assigned facility from which they were laid off and for which they are qualified to perform. It is the responsibility of the employee to notify the Metro Human Resources Department of changes to his/her contact information in (i)order to be eligible for recall rights.
(3) Upon layoffSection 4. On re-employment of laid off employees, the Employer shall notify the employee by certified letter, with a regular copy to the Union, mailed to their last known address. The employee will shall have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
five (5) Notwithstanding (1), days to report their intentions to the Employer and shall report to work within two (2) and (3) above, regular employees weeks after notification by the Employer or as mutually agreed. Failure to be retained shall be qualified and able accept recall to perform the work which is available after a period of familiarizationwill terminate any rights for re-employment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (1) Layoff of regular employees with less than three years' service seniority shall be in reverse order of seniority within a classification and within the seniority block as specified in this agreementAppendix 4 - Seniority Blocks.
(i) A regular employee designated for layoff lay off may opt to use Clause 13.4(c)(2)(i13.4(b)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layofflay off, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority blockblock and same geographic location.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 15.3 and 15.7 15.4, the vacation scheduling provisions, and notice of layoff lay off as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff lay off and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of familiarization.
Appears in 1 contract
Sources: Collective Agreement
Layoff. The parties agree that seniority within the collective bargaining unit shall be the basis for reductions in staff. If a reduction of the office and clerical staff is necessary due to economic or other reasons and one or more employees are to be laid off, the employee(s) so affected may first accept any open permanent position(s) within one (1) Layoff calendar week of regular employees the date of notification by the District. If no such position is available or accepted, the affected employee may accept the layoff or elect to replace:
(1) the employee with less than three years' service the least seniority in the same classification provided the employee is qualified to satisfactorily perform the duties of such position, or (2) in the event the duties of the employee with least seniority are greatly dissimilar to those of the affected employee, the affected employee may replace the next least senior employee in the same classification provided the employee is qualified to satisfactorily perform the duties of such position. For purposes of this paragraph, the School District shall determine whether or not positions are greatly dissimilar and any grievance related to this question may be processed by an employee only through the School Board review as provided in Section 6 of this Article. On this issue the decision of the School Board shall be final and binding and such decision may not be appealed to the arbitrator.
Subd. 1. In the event of a demotion as a result of bumping or other circumstances, an employee so demoted shall be compensated on the same step on the salary schedule as occupied prior to the demotion in reverse the new classification.
Subd. 2. Notice of such layoffs shall be given at least two (2) weeks before the scheduled layoff, except twentyfour (24) hours in cases of emergency, including labor disputes, or at the sole discretion of the District shall receive ten (10) days pay in lieu thereof.
Subd. 3. Employees shall be recalled in order of seniority within for a classification and within the seniority block as specified in this agreement.
(i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job.
(ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt classification held prior to displace layoff or a lower classification for which qualified. If a position becomes available for a qualified employee on layoff, the School District shall mail by certified mail the notice to such employee who shall have seven (7) calendar days from the date of mailing of such notice to accept the reemployment. If written acceptance is not received by the district within such seven (7) calendar day period, it shall constitute a waiver on the part of such employee to any further rights of employment or reinstatement and (the employee) shall forfeit any future reinstatement or employment rights. The employee must accept the first offer of rehiring at same classification from which the employee currently filling was laid off or the employee shall be removed from the recall list.
Subd. 4. An employee recalled and reinstated shall receive the rate of pay corresponding to the step the employee was receiving at the time of layoff and in the classification of the new position originally held to which recalled.
Subd. 5. All employees on the layoff list should be considered for all openings for which qualified prior to hiring a person not employed by the School District.
Subd. 6. An employee designated for layoff, providing the employee exercising such a displacement option has greater on layoff shall retain his/her seniority and is qualified and able right to perform the job after recall within classification in seniority order for a period of familiarization.
(iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block.
(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.6 and 15.7 vacation scheduling and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service seniority shall be credited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
(5) Notwithstanding one (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform year after the work which is available after a period date of familiarizationlayoff.
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Sources: Collective Bargaining Agreement