Common use of LAYOFFS AND RECALLS Clause in Contracts

LAYOFFS AND RECALLS. 9.01 When reducing staff or recalling laid off employees, seniority in the classification affected shall prevail providing the senior employee has the ability and qualifications as evaluated by the Employer to handle the work to be performed. An employee laid off under this clause can bump a junior person in any classification provided they have the ability and qualifications to handle the work to be performed. 9.02 When the Employer recalls an employee who has been laid off, it shall notify such employee by telephone or registered letter addressed to the employee’s last known address. The employee concerned must notify the Employer within five (5) days of the telephone call or mailing of such letter stating his/her acceptance or refusal of the employment offered. If an employee fails to report for work within five (5) days of mailing of such notice but does report within thirty (30) days showing good cause for having failed within the five (5) days, he/she shall be notified of the next vacancy and his/her seniority shall be retained. Good cause shall be sickness, verified by the certificate of a medical practitioner, insufficient travelling time, or accident. The Union will be notified when a re-call notice is being issued. 9.03 Where an employee has been in the continuous service of the Employer for at least three (3) consecutive months, the Employer shall not lay off the employee without giving the employee at least the following notice or pay in lieu thereof: (a) One week's written notice where his/her period of employment is more than three months but less than one year; (b) Two weeks written notice where his/her period of employment is one year or more but less than three years; (c) Four weeks written notice where his/her period of employment is three years or more but less than five years; (d) Six weeks written notice where his/her period of employment is five years or more but less than ten years; (e) Eight weeks written notice where his/her period of employment is ten years or more.

LAYOFFS AND RECALLS. 9.01 1. When reducing staff or recalling laid laid-off employees, seniority in the classification affected shall prevail prevail, providing the senior employee has the merit, ability and qualifications as evaluated by the Employer to handle the work to be performed. An employee laid off under this clause can bump a junior person in any classification provided they have the ability and qualifications fitness to handle the work to be performed. 9.02 2. When the Employer recalls recalling an employee who has been laid off, it shall the Co-operative will notify such employee by telephone or registered letter addressed to the employee’s 's last known address. The employee concerned must notify the Employer Co-operative within five ten (510) days of the telephone call or mailing of such letter the letter, stating his/her acceptance or refusal of the employment offeredoffer. If an the employee fails to report for work within five (5) days of mailing of such notice the prescribed time but does report reports within thirty (30) days days, showing good cause sickness, accident or insufficient travelling time for having failed within the five (5) daysto report, he/she shall be notified of the next vacancy and his/her seniority retained. Employees shall have the right to decline recalls if for periods of thirty (30) days or less, without effect on seniority status. 3. It is understood that Management trainees will not displace or replace any regular employees of the Co-operative. 4. It shall be retained. Good cause shall be sickness, verified by the certificate responsibility of a medical practitioner, insufficient travelling time, or accidentthe employee to leave his/her current address with the Co- operative. 5. The Union will be notified when a reCo-call notice is being issued. 9.03 Where an employee has been in the continuous service of the Employer for at least three (3) consecutive months, the Employer operative shall not lay off the employee without giving the employee at least give regular full-time and regular part-time employees the following written notice or pay in lieu thereofof notice in case of layoff, if for more than three (3) days, or discharge except when an employee is discharged for just cause: (a) One After thirty (30) days’ service and up to one (1) year of service, one (1) week's ’s written notice where his/her period or pay in lieu of employment is more than three months but less than one yearnotice; (b) Two weeks After one (1) year's service and up to three (3) years' service, two (2) weeks' written notice where his/her period or pay in lieu of employment is one year or more but less than three yearsnotice; (c) Four weeks After three (3) years’ service and up to five (5) years’ service, four (4) weeks’ written notice where his/her period or pay in lieu of employment is three years or more but less than five yearsnotice; (d) Six weeks After five (5) years’ service and up to ten (10) years’ service, six (6) weeks’ written notice where his/her period or pay in lieu of employment is five years or more but less than ten yearsnotice; (e) Eight weeks After ten (10) years' service, eight (8) weeks' written notice where his/her period or pay in lieu of employment is ten years or morenotice.

LAYOFFS AND RECALLS. 9.01 When reducing staff or recalling laid off employees, seniority 6.01 Seniority shall apply in the classification affected event of it becoming necessary to reduce staff. All layoffs shall prevail be made impartially and in strict order of seniority, providing the senior employee has the ability is able and qualifications as evaluated by the Employer willing to handle efficiently perform with a reasonable period of training to be mutually agreed, the work to be performedrequired of him. An employee laid off under this clause can bump transferred to another job according to the seniority provisions, in order to avoid layoffs, shall immediately be paid at the rate of the job to which he is transferred. When the working force is increased following a junior person layoff, the employees will be recalled in any classification provided order of seniority to their former jobs or to jobs which they have the ability are able and qualifications willing to handle the work efficiently perform, with a reasonable period of training to be performedmutually agreed by the Company and the Union. 9.02 When 6.02 The local union president and chief ▇▇▇▇▇▇▇ shall be exempt from any temporary layoff so long as there is work in the Employer recalls plant which they are willing and able to perform. 6.03 It is understood that when an employee who has been laid offis not scheduled for work for more than seven (7) calendar days, they are considered on a layoff. Whenever the Company finds it necessary to proceed to layoffs, it shall notify such employee by telephone or registered letter addressed is agreed and understood that the Company will provide a notice period according with the Employment Standards prior to the employee’s last known address. The employee concerned must notify the Employer within five (5) days effective date of the telephone call or mailing of such letter stating his/her acceptance or refusal of the employment offered. If an employee fails to report for work within five (5) days of mailing of such notice but does report within thirty (30) days showing good cause for having failed within the five (5) days, he/she shall be notified of the next vacancy and his/her seniority shall be retained. Good cause shall be sickness, verified by the certificate of a medical practitioner, insufficient travelling time, or accident. The Union will be notified when a re-call notice is being issued. 9.03 Where an employee has been in the continuous service of the Employer for at least three (3) consecutive months, the Employer shall not lay off the employee without giving the employee at least the following notice layoff or pay in lieu thereof: . Notification of recall shall be made by telephone first (averbal), then in writing by registered mail or courier, to the last telephone number or address that the employee shall have recorded with the Company. It shall be the responsibility of the employee to keep the Company notified of his telephone number and address so that he may be contacted. It is further agreed that whenever the Company has to extend employment beyond the notice period due to manpower requirements, then the Company will extend the layoff period by a minimum of seven (7) One week's written days This seven (7) days extension procedure is permitted to repeat for a continuous thirty (30) calendar day period beyond the original notice where his/her period, after which a new notice period is required, according to Newfoundland Labour Standards. It is further agreed that the above procedures do not apply in cases of employment is more than three months but less than one year; recall to meet manpower requirements caused by short term absences caused by illness, vacation, etc. Once the layoff has been implemented, employees recalled from layoff will not be subject to a notice until they have completed thirty (b30) Two weeks written notice where his/her period calendar days of employment is one year or more but less than three years; (c) Four weeks written notice where his/her period of employment is three years or more but less than five years; (d) Six weeks written notice where his/her period of employment is five years or more but less than ten years; (e) Eight weeks written notice where his/her period of employment is ten years or moreemployment.

LAYOFFS AND RECALLS. 9.01 When reducing staff or recalling 16.1 The Employer shall notify the employee who is to be laid off employeesor terminated, seniority in according to The Ontario Employment Standards Act and Regulations, which includes the classification affected shall prevail providing the senior employee has the ability and qualifications as evaluated by the Employer following quoted Sub- Section 1 of Section 57 pertaining to handle the work to be performed. An employee laid off under this clause can bump a junior person layoff or termination of more than thirteen (13) weeks in any classification provided they have the ability and qualifications to handle the work to be performedperiod of twenty (20) weeks. 9.02 When Section 57 (1) No Employer shall terminate the Employer recalls employment of an employee Employee who has been laid off, it shall notify such employee by telephone employed for three months or registered letter addressed to the employee’s last known address. The employee concerned must notify more unless the Employer within five (5) days of the telephone call or mailing of such letter stating his/her acceptance or refusal of the employment offered. If an employee fails to report for work within five (5) days of mailing of such notice but does report within thirty (30) days showing good cause for having failed within the five (5) days, he/she shall be notified of the next vacancy and his/her seniority shall be retained. Good cause shall be sickness, verified by the certificate of a medical practitioner, insufficient travelling time, or accident. The Union will be notified when a re-call notice is being issued. 9.03 Where an employee has been in the continuous service of the Employer for at least three (3) consecutive months, the Employer shall not lay off the employee without giving the employee at least the following notice or pay in lieu thereofgives: (a) One week's written one weeks notice where in writing to the Employee if his/her period of employment is more than three months but less than one year; (b) Two two weeks written notice where in writing to the Employee if his/her period of employment is one year or more but less than three years; (c) Four three weeks written notice where in writing to the Employee if his/her period of employment is three years or more but less than five four years; (d) Six four weeks written notice where in writing to the Employee if his/her period of employment is four years or more but less than five years; (e) five weeks notice in writing to the Employee if his/her period of employment is five years or more but less than ten six years; (ef) Eight six weeks written notice where in writing to the Employee if his/her period of employment is ten six years or more but less than seven years; (g) seven weeks notice in writing to the Employee if his/her period of employment is seven years or more but less than eight years; (h) eight weeks notice in writing to the Employee if his/her period of employment is eight years or more; and such notice has expired". 16.2 For the purposes of a layoff and recall to work following a layoff temporary Employees in the impacted job classification shall be laid off first. Thereafter, Employees in the impacted job classification shall be laid off in reverse order of seniority, that is to say, Employees with the least seniority shall be laid off first and called back to work last.

LAYOFFS AND RECALLS. 9.01 12.01 When reducing staff or recalling laid off it is necessary to reduce the working force in a department, the employees affected will be given three (3) working days' notice whenever possible. The Union President will be notified as much in advance as possible. 12.02 In a reduction in the working force in a department, the procedure outlined below will be followed: (a) Layoff of probationary employees; (b) in a layoff which will last less than one (1) week then the most senior employee affected shall displace the most junior employee provided he possesses the necessary skill, competence and efficiency to perform the work required; (c) In a layoff which is expected to last more than one (1) week: (i) The employee with the least seniority in the classification affected shall prevail providing displace the senior employee with the least seniority in the next classification down or in the nearest lower classification which he has the ability and qualifications as evaluated by the Employer to handle the work to be performed. An employee laid off under this clause can bump satisfactorily performed for a junior person in any classification provided they have the ability and qualifications to handle the work to be performed. 9.02 When the Employer recalls an employee who has been laid off, it shall notify such employee by telephone or registered letter addressed to the employee’s last known addressperiod of two (2) continuous calendar months. The employee concerned must notify then displaced shall, in turn, have the Employer within five (5) days of right to displace the telephone call or mailing of such letter stating his/her acceptance or refusal of employee with the employment offered. If an employee fails to report for work within five (5) days of mailing of such notice but does report within thirty (30) days showing good cause for having failed within the five (5) days, he/she shall be notified of least seniority in the next vacancy and his/her or nearest lower classification which he has satisfactorily performed for a period of two (2) continuous calendar months. In the event that more than one employee is displaced at the same time the one with the most seniority shall be retained. Good cause shall be sickness, verified by entitled to exercise his right to move to the certificate of a medical practitioner, insufficient travelling time, next or accident. The Union will be notified when a re-call notice is being issuednearest lower classification first. 9.03 (ii) Where an employee with seniority is in a layoff position he may displace a probationary employee in a department other than his own, provided he possesses the necessary skill, competence and efficiency to perform the work required and has been in performed the continuous service of the Employer work required for at least three (3) consecutive calendar months or a total of three (3) calendar months within the last thirty (30) calendar months. (iii) An employee with seniority who would otherwise be laid off shall be entitled to displace a junior employee in another department from a job which the senior employee has successfully performed for at least a total of three (3) calendar months within the last thirty (30) calendar months, provided he possesses the Employer necessary skill, competence and efficiency to perform the work required to the current standards and provided that where the senior employee is thus qualified to bump more than one employee in a classification, he shall not lay off bump only into the job currently held by the most junior employee in that classification; or failing that shall be entitled to a five (5) day trial period to prove that he can perform one of the following jobs with the necessary skill, competence and efficiency: Creeler, Utility and Service Person. (iv) An employee who has more than one bumping alternative under (iii) shall bump into the position in which he has previously spent the most time. (v) In the event that the job of the employee with seniority subsequently becomes available that employee shall return to his former position and the Company will then have the option of recalling the probationary employee without giving the job posting. (vi) If an employee is unable to exercise bumping rights under Article 12.02(c), such employee who is redundant or has been bumped may bump a junior employee in a higher rated position if he has successfully performed that job for at least six (6) continuous months, provided he possesses the following notice or pay in lieu thereof: (a) One week's written notice where his/her period of employment is more than three months but less than one year; (b) Two weeks written notice where his/her period of employment is one year or more but less than three years; (c) Four weeks written notice where his/her period of employment is three years or more but less than five years;necessary skill, competence and efficiency to perform the work required to the current standards. (d) Six weeks written notice where his/her period of employment is five years No employee shall have the right under 12.02(b) or more but less than ten years;(c) to displace an employee with greater seniority. (e) Eight weeks written notice where his/her An employee who takes a new job as a result of layoff shall be paid the rate for the job. 12.03 Employees who refuse to displace as above shall be laid off but this may affect the employees’ Employment Insurance E.I. eligibility. 12.04 Employees shall be recalled in order of seniority for jobs in their departments which they have previously satisfactorily performed for a period of employment is ten years or moretwo (2) consecutive calendar months provided that such recall right shall not entitle the employee to a position higher rated than the original position the employee held prior to the commencement of the layoffs.

LAYOFFS AND RECALLS. 9.01 When reducing staff or recalling (a) A layoff shall be defined as a reduction in the work force and shall include reduction from full-time to part-time status. (b) In the event layoffs become necessary, employees shall be laid off employees, in the reverse order of their seniority in their respective divisions. Notwithstanding the foregoing, when an employee’s position has been identified as surplus and the employee is identified for transfer, such employee will be provided with two weeks written notice and: will first be placed, in order of seniority, into a vacant position with the same classification, FTE, 10/12 month status and with the same hourly rate of pay. Where there is no suitable vacant position available, the employee shall have the right to first bump into the least senior employee’s position in the same classification affected provided that position carries an equal or lesser salary without a reduction of hours of work. The Board shall prevail providing provide the senior employee has the ability Union and qualifications as evaluated by the Employer to handle the work employees who are to be performed. An employee laid off under this clause can bump a junior person in any classification provided they have the ability and qualifications to handle the work to be performed. 9.02 When the Employer recalls an employee who has been laid off, it shall notify such employee by telephone or registered letter addressed to the employee’s last known address. The employee concerned must notify the Employer within five bumped two (52) days of the telephone call or mailing of such letter stating his/her acceptance or refusal of the employment offered. If an employee fails to report for work within five (5) days of mailing of such notice but does report within thirty (30) days showing good cause for having failed within the five (5) days, he/she shall be notified of the next vacancy and his/her seniority shall be retained. Good cause shall be sickness, verified by the certificate of a medical practitioner, insufficient travelling time, or accident. The Union will be notified when a re-call notice is being issued. 9.03 Where an employee has been in the continuous service of the Employer for at least three (3) consecutive months, the Employer shall not lay off the employee without giving the employee at least the following weeks written notice or pay in lieu thereof: (a) One week's written of notice where his/her period of employment is more than three months but less than one year; (b) Two weeks written notice where his/her period of employment is one year or more but less than three years;for the employee. (c) Four The least senior employee who is bumped from their position and is identified for layoff, and has not been given two (2) weeks’ notice, will be transferred to the supply list for up to two (2) weeks written notice where his/her period without loss of employment is three years or more but less than five years;salary and benefits while actively providing service to the supply list. (d) Six weeks written notice where his/her period Employees shall be recalled in the order of employment is five years or more but less than ten years;their seniority provided they are qualified to do the work. (e) Eight weeks New employees shall not be hired until those laid off within the previous one hundred twenty (120) calendar days have been given the opportunity to recall. Employees recalled within the one hundred twenty (120) calendar day period will not suffer any loss in seniority. Employees being recalled will be sent a registered letter and must provide a written notice where his/her period response within ten (10) working days of employment the date the letter is ten years or moremailed. (f) In the event of layoffs, employees who have lost seniority by reasons of having transferred to another division shall have the right to return to the division in which they were previously employed, thereby regaining seniority status in accordance with Article 18 of the agreement.

LAYOFFS AND RECALLS. 9.01 When reducing staff or recalling laid off employees, seniority in 8.01 In the classification affected shall prevail providing the senior employee has the ability and qualifications as evaluated event of any reduction by the Employer to handle City of members; layoffs shall be in reverse order of seniority, provided that the work to be performed. An employee laid off under this clause can bump a junior person in any classification provided they remaining members have the ability abilities and qualifications to handle immediately perform in the work positions available. 8.02 When a layoff occurs within a Classification/Rank, members in the affected Classification/Rank may, at their option, revert to a position previously held within the Fire Service. 8.03 In the event that a layoff is required affecting members across Classification/Ranks, the City and the Association will meet to discuss which members are to be performed. 9.02 When the Employer recalls an employee who has been laid off, it shall notify such employee by telephone or registered letter addressed giving consideration for qualifications of remaining members and skills, abilities, and qualifications required for the continuation of services and safety of members. 8.04 If the staffing level of Fire Services is increased within twenty-four (24) months Permanent Members formerly belonging to the class to be so increased who have been discharged solely by reason of previous reduction in such staff, shall, if available, be re-engaged according to the previous seniority standing held by them in preference to other applicants and if re-engaged within twelve (12) months, shall retain the seniority and benefits. 8.05 Permanent Members, who have been laid off and have not received a severance allowance, will be given a general priority throughout the City service for any vacancy for which they are qualified. 8.06 After a twelve (12) month recall period, a Permanent Member shall be eligible for a severance allowance at their Regular Rate of Pay at the time of layoff according to the attached schedule. An employee’s last known address, at any time during their twelve (12) month recall period, may elect to give up their recall rights and receive the severance allowance. Full Years Weeks of Pay Full Years Weeks of Pay Full Years Weeks of Pay Full Years Weeks of Pay 2 4 7 14 12 24 17 34 3 6 8 16 13 26 18 36 4 8 9 18 14 28 19 38 5 10 10 20 15 30 20 & 21+ 40 8.07 The employee concerned must notify City will continue to pay for benefits in accordance with the Employer within following Employees with five (5) days or less years of the telephone call or mailing of such letter stating his/her acceptance or refusal of the employment offered. If an employee fails to report for work within service One (1) month Employees with five (5) days plus of mailing of such notice but does report within thirty service Two (302) days showing good cause for having failed within the five (5) days, he/she shall be notified of the next vacancy and his/her seniority shall be retained. Good cause shall be sickness, verified by the certificate of a medical practitioner, insufficient travelling time, or accident. The Union will be notified when a re-call notice is being issued. 9.03 Where an employee has been in the continuous service of the Employer for at least three (3) consecutive months, the Employer shall not lay off the employee without giving the employee at least the following notice or pay in lieu thereof: (a) One week's written notice where his/her period of employment is more than three months but less than one year; (b) Two weeks written notice where his/her period of employment is one year or more but less than three years; (c) Four weeks written notice where his/her period of employment is three years or more but less than five years; (d) Six weeks written notice where his/her period of employment is five years or more but less than ten years; (e) Eight weeks written notice where his/her period of employment is ten years or more.

LAYOFFS AND RECALLS. 9.01 When reducing staff 14.01 A layoff shall be defined as: a) the permanent reduction of one (1) or recalling more employees; or b) the reduction in the working hours in an employee’s regular schedule of more than two and a half (2 ½) hours per week. 14.02 The Employer shall effect layoffs in reverse order of seniority, provided that those who remain have the qualifications, skill and ability to perform the normal requirements of the work available. 14.03 In the case of a layoff, the Employer shall effect such layoffs in the following order within each classification: a) layoff students (defined as under the age of 18 and employed during the school vacation periods), probationary employees; then, b) layoff part-time employees in reverse order of seniority; then, c) if a further layoff is necessary, then full-time employees shall be laid off employees, seniority in reverse order of seniority. Recall shall be in the classification affected shall prevail providing reverse order of the senior employee has the ability and qualifications as evaluated by above procedure. 14.04 Prior to affecting a layoff, the Employer will: a) provide the Union with thirty (30) days’ notice of the need to handle the work to be performed. An employee laid off under this clause can bump a junior person in any classification provided they have the ability and qualifications to handle the work to be performedlayoff or reduce hours. 9.02 When b) meet with the Employer recalls an employee who has been laid off, it shall notify such employee by telephone or registered letter addressed to Union as soon as possible within the employee’s last known address. The employee concerned must notify the Employer within five (5) days of the telephone call or mailing of such letter stating his/her acceptance or refusal of the employment offered. If an employee fails to report for work within five (5) days of mailing of such notice but does report within thirty (30) days showing good cause for having failed within of such notice, to discuss ways to mitigate the five (5) days, he/she shall be notified effects of the next vacancy and his/her seniority shall layoff, which may include voluntary layoffs or other solutions as can be retained. Good cause shall agreed upon. c) inform employees to be sickness, verified affected by the certificate layoffs, in writing of the layoffs/reductions. d) effect the layoff as per 14.03 above. 14.05 The Employer shall provide notice to affected employees who are to be laid off, with one (1) week per year of service, with a medical practitioner, insufficient travelling timeminimum of four (4) weeks and a maximum of eight (8) weeks, or accidentpay in lieu of notice. The Union will be notified when a re-call No such notice is being issuedrequired for layoff resulting for matters beyond the control of the Employer, including fire, flood and Acts of God. 9.03 Where 14.06 If an employee has been is to be laid off, they may displace junior employees in other classifications, provided that those who remain have the continuous service of qualifications, skill and ability to perform the Employer for at least work required with a three (3) consecutive day familiarization. Employees shall have recall rights to their original position for eighteen (18) months. 14.07 No new employee will be hired until those laid off have been given the opportunity of re- employment. If the layoff is permanent, the Employer provisions of the Employment Standards Act will apply. Part-time employees shall not lay off have the employee without giving the employee at least the following notice or pay in lieu thereof: (a) One week's written notice where his/her period of employment is more than three months but less than one year; (b) Two weeks written notice where his/her period of employment is one year or more but less than three years; (c) Four weeks written notice where his/her period of employment is three years or more but less than five years; (d) Six weeks written notice where his/her period of employment is five years or more but less than ten years; (e) Eight weeks written notice where his/her period of employment is ten years or moreright to bump full-time employees.

LAYOFFS AND RECALLS. 9.01 ‌ 1. When reducing staff or recalling laid laid-off employees, seniority in the classification affected shall prevail providing the senior employee has the merit, ability and qualifications fitness as evaluated by the Employer to handle the work to be performed. An employee laid off under this clause can bump a junior person in any classification provided they have the ability and qualifications Co-operative to handle the work to be performed. 9.02 2. When the Employer Co-operative recalls an employee who has been laid off, it they shall notify such employee by telephone or registered letter addressed to the employee’s 's last known address. The employee concerned must notify the Employer Co-operative within five (5) days of the telephone call or mailing of such letter stating his/her their acceptance or refusal of the employment offered. If an employee fails to report for work within five (5) days of mailing of such notice but does report within thirty (30) days showing good cause for having failed to report within the five (5) days, he/she he shall be notified of the next vacancy and his/her their seniority shall be retained. Good cause shall be be: sickness, verified by the certificate of a medical practitioner, insufficient travelling time, time or accident. The Union will Failure or refusal to reply to recall notice shall cause all seniority rights to be notified when forfeited unless the recall is for a re-call notice is being issuedperiod of fifteen (15) days or less. 9.03 Where an employee has been in 3. Employees shall leave their address with the continuous service Co-operative and the Union and shall notify both parties of the Employer for any changes of address thereafter. 4. The Co-operative shall give employees with at least three (3) consecutive months, the Employer shall not lay off the employee without giving the employee at least the following ' continuous service written notice or pay in lieu thereofof notice in case of layoff or termination, except when an employee is terminated for just cause, as follows: (a) One (1) week's written notice where his/her period of employment their service is more than at least three (3) continuous months but less than one (1) year; (b) Two weeks (2) weeks' written notice where his/her period of employment their service is one (1) year or more but less than three (3) years; (c) Four weeks (4) weeks' written notice where his/her period of employment their service is three (3) years or more but less than five (5) years; (d) Six weeks (6) weeks' written notice where his/her period of employment their service is five (5) years or more but less than ten (10) years; (e) Eight weeks (8) weeks' written notice where his/her period of employment their service is ten (10) years or more. 5. Employees shall be encouraged to give the same notice of resignation as that stipulated above in 4(a) and 4(6) [for those with one (1) year or more of service].