LAYOFFS AND RECALLS. I The Company will provide five (5)working days of notice for layoffs exceeding three (3) working days. No manpower temporary employees will be used in the plant starting the day prior to such deviation from the above and the Chairperson will be notified. For layoffs of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees will be the first laid off providing the remaining employees have the minimal qualifications, skill and ability to perform the available work within one week. If further layoffs are necessary it will be by plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate will be protected for a period not to exceed three (3) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event an employee on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside the plant shall be recalled to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job Posting
Appears in 1 contract
Sources: Collective Bargaining Agreement
LAYOFFS AND RECALLS. I The Company 15.01 When it becomes necessary to decrease the workforce because of lack of work in the plant, it will provide five (5)working days of notice for layoffs exceeding three (3be applied in the following manner;
a) working days. No manpower temporary Summer students followed by probationary employees will be used in the plant starting the day prior laid off first.
b) If additional employees are to such deviation from the above and the Chairperson will be notified. For layoffs of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees laid off, they will be the first most junior employees of the plant-wide seniority list.
c) In cases where employees are unable to fill the existing jobs because of physical disability or sickness, this clause shall not apply, and the employee concerned shall be laid off providing until a suitable opening occurs. This article will comply with the remaining employees have the minimal qualifications, skill Workplace Safety and ability to perform the available work within one week. Insurance Act.
15.02 If further layoffs are necessary it still necessary, the same will be by applied in the following manner.
a) An employee on the plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate list will be protected for transferred to replace a period shorter service employee, provided such employee is capable of doing the work of the shorter service employee. In cases where employees are unable to fill the existing jobs because of physical disability, or sickness, this clause will not to exceed three (3) months. Subject to apply, and the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off concerned will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event an employee on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When until a suitable opening occurs. The fact that an employee has been so designated will not affect his/her regular seniority standing and he/she will resume the same as soon as the special reasons in his/her case cease to exist.
b) At each layoff or recall following layoffs, certain individual employees whose services are required under special circumstances may be retained in, or called to service regardless of their seniority. Such designation will not become effective until approved by the Human Resources Manager and the Plant Chairperson and committeeperson concerned, and will cover only employees whose positions cannot be filled by those with seniority.
15.03 In the application of seniority to layoffs, employees to be retained on the basis of their seniority must have the ability to do the work available satisfactorily within a reasonable period of time, which will be one (1) work week. An employee who elects and does try, and is not satisfactory, will then be laid off from their job for less than months off; and has been actively working inside the plant shall be recalled no employee then assigned to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone such work will have a Union Representative present when any claim to retroactive pay for such calls are placedperiod. Article IO- Job PostingAn employee who elects to try the job must do so within five
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I 1. In the case of layoffs and recalls the Company agrees to give preference according to seniority to employees provided they have the necessary qualifications to satisfactorily perform the work available. However, in the event an emergency occurs, one shift or less, affecting a Department, Line or Group of employees they may be accomplished without regard to seniority. This clause will not be used for the purpose of filling-in jobs without regard to seniority.
2. In case a planned layoff occurs for one day or more, the Company agrees to give preference to seniority provided they have the necessary qualifications to satisfac torily perform the work available.
3. The Company will provide five (5)working days of notice for layoffs exceeding three (3) working days. No manpower temporary employees will be used in give the plant starting the day prior to such deviation from the above and the Chairperson will be notified. For layoffs of Union three (3) working days or less notice of a proposed indefinite layoff and discuss such layoff with the Chief ▇▇▇▇▇▇▇. In the event of a dispute concerning the layoff, the Company will provide as much notice as above will apply except may proceed with the layoff in cases beyond the control of manner planned; and the Companyemployees affected shall have recourse to grievance procedure. Probationary employees will be the first laid off providing the remaining employees have the minimal qualifications, skill and ability to perform the available work within one week. If further layoffs are necessary it will be by plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work The Company will place also give the employees affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate will be protected for a period not to exceed three (3) monthsworking days notice of an indefinite layoff.
4. Subject The Company will calculate weekly, the number of employees required for the 1st, 2nd, and 3rd shifts. After allowing for absentees, the exact number of employees required will be assigned according to Seniority provided they have the language in Article when there are surplus necessary qualifications to satisfactorily perform the company work available. All employees below the required number will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or be termed as laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week.
5. In the event an employee on external recall has been of a layoff involving bid in Sanitarian positions, when scheduling employees for Sanitation Clean-Up, the eight (8) most senior bid-in Sanitarians will be scheduled to work. Any sanitation positions required above the eight (8) bid-in Sanitarians will be bumped by Seniority. If there are employees with the same qualifications and more seniority than the most senior eight (8) and have worked in Sanitation Clean-Up within the last year, they may displace one of the eight (8).
6. Employees who do not have the necessary qualifications to satisfactorily perform the work available by virtue of having signed “off” heavy labour, sanitation clean-up or both, shall be laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When an the highest qualified employee has been laid off from their job for less than months and has been actively working inside the plant layoff shall be recalled reassigned to former departmentfill the vacancy. Employees who accept sanitation clean-up to avoid the layoff do not have the right to work on their bid jobs. Any employee coming off the layoff or sanitation clean-up to accept heavy labour will occupy their own bid job provided it is a heavy labour job.
7. In the case of layoffs or recalls in the Plant Unit, classification and wage by shall be no job for jobs where there is an internal recall candidatePlant Unit employees will displace probationary employees in the Laboratory Unit providing they have the necessary qualifications to perform the work available.
8. Prior In the case of layoffs or recalls in the Laboratory Unit, Laboratory employees will displace probationary employees in the Plant Unit providing they have the necessary qualifications to using any temporary persons perform the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job Postingwork available.
Appears in 1 contract
Sources: Collective Bargaining Agreement
LAYOFFS AND RECALLS. I The Company will provide five (5)working days 16.1 An Employee may be laid off because of notice for layoffs exceeding three (3) working days. No manpower temporary employees will be used in the plant starting the day prior to such deviation from the above and the Chairperson will be notified. For layoffs shortage of three (3) working days work, shortage of funds, technological change, reorganization of a function, or less the Company will provide as much notice as above will apply except in cases beyond the control because of the Company. Probationary employees will be the first laid off providing the remaining employees have the minimal qualifications, skill and ability elimination of a position or classification.
16.2 When it is necessary to perform the available work within one week. If further layoffs are necessary invoke staff reductions it will be completed, whenever reasonably possible, by plant wide seniority providing resignations and retirements.
16.3 All applicable vacancies shall be identified and the remaining employees Employee shall be assigned to the position of their choice, subject to consideration of the provisions herein.
(a) If there is more than one Employee affected, their order of preference shall be determined by their order of seniority.
(b) If a position is to be transferred to another location and the job remains, the incumbent in the position will follow the position without competition.
(c) When schools, departments or offices are scheduled for closure and the administrative personnel are transferred to new locations with no loss or reduction in secretarial assistance to them then secretarial/clerical Employees will also be transferred and after the transfer has been completed, reductions will be done by seniority.
(d) Where an Employees position is relocated, the Employee shall be offered the position in the new location. The Employee may decline the offer in which case the Employee will be served with a layoff notice and have the minimal qualificationsright to exercise their rights under the provisions of this Article 16.
16.4 When Employees are to be laid off, skill the Employer will advise and ability consult with the Local as soon as reasonably possible after the change appears probable with a view to perform minimize the available workadverse effects, within one work Company will place affected employees in positions for which they qualify, as close as possible of the decision to their current wage rate. If lay off the new rate is lower than their current rate, their current rate will Employees.
(a) Thirty (30) calendar days notice of lay offs shall be protected for a period not to exceed three (3) months. Subject sent by the Employer to the language in Article when there are surplus Local and the company Employee who is to be laid off. The affected Employee will select declare their intention to accept the layoff or to displace the most junior employee affected plant declared surplus has the right to bump the most junior employee Employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid offwithin twenty-five (25) calendar days of such notice. Any vacancies created by a Five (5) calendar days notice shall be given to displaced Employee(s) in accordance with this article.
(b) Notices pursuant to this section shall include the effective date of lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing and the have the minimal qualifications, skill, ability to perform the available work, within one week. reasons therefore.
16.6 In the event an employee on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade of layoffs:
(a) For the purposes of this Article, “geographical districts” shall mean each of the counties of Shelburne, Yarmouth and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside the plant shall be recalled to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job PostingDigby;
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I The Company will provide five (5)working days of notice for layoffs exceeding three (3) working days. No manpower temporary employees will
16.01 A lay-off shall be used defined as a reduction in the plant starting the day prior work force.
16.02 Both parties recognize that job security shall increase in proportion to such deviation from the above and the Chairperson will be notified. For layoffs length of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees will be the first laid off providing the remaining employees have the minimal qualifications, skill and ability to perform the available work within one week. If further layoffs are necessary it will be by plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate will be protected for a period not to exceed three (3) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one weekservice. In the event an employee a vacancy becomes available and the Employees are on external recall has been layoff, the Employer will post the vacancy in accordance with Article 15. The last subsequent vacancy shall be offered to the person on layoff. The event of a lay-off, Employees shall be laid off for less than months in the reverse order of their bargaining unit wide seniority, provided that those Employees retained at work by reason of seniority have the qualification required to perform the work. Employees shall be recalled in order of their seniority, providing they will have the qualification to do the work required. No new Employees shall be eligible hired until all those laid-off have been given an opportunity to return to their original job classification,grade work and wage should it exist When an employee has been have failed to do so, in accordance with the loss of seniority provision.
a) The Employer and the Union will meet and discuss the layoffs at the earliest opportunity. This discussion will include the service which the Home will undertake after the layoff.
b) In the event of short-term or temporary lay-offs, the Employer shall notify Employees who are to be laid off from their job fourteen (14) calendar days before the layoff is to be effective.
c) It is understood that permanent or long-term nature means a layoff which will be longer than thirteen (13) weeks.
d) In the event of a proposed layoff of a permanent or long-term nature, the Employer will:
(i) provide the Union with at least sixty (60) days notice. This notice is not in addition to the required notice for less than months individual Employees.
(ii) meet with the Union to review the following: - the reasons causing the layoff; - the service which the Employer will undertake after the layoff; - the method of implementation, including areas of cutback and has been actively working inside the plant shall Employees to be recalled to former departmentlaid off.
e) In the event of a layoff of a permanent or long-term nature, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone Home will have a Union Representative present when such calls are placed. Article IO- Job Postingprovide affected Employees with notice in accordance with the Employment Standards Act.
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I The Company will provide five (5)working days 24.01 During the life of notice for this Agreement, there shall be no involuntary layoffs exceeding three (3) working days. No manpower temporary employees will be used of any permanent Employee, except in the plant starting case of a significant reduction in government funding. Layoff means the day prior termination of an Employee’s permanent employment or a reduction in an Employee’s regular hours of work due to such deviation from the above and the Chairperson will be notified. For layoffs a lack of three (3) working days work, technological change, or less the Company will provide as much notice as above will apply except in cases beyond the control reorganization of the Companyworkplace.
24.02 The Employer shall make all reasonable efforts to avoid lay-offs. Probationary employees will Prior to a lay-off, the Employer agrees to consult with the Union and consider all the Union’s suggestions and recommendations which are aimed at avoiding lay-offs and minimizing the adverse effects on all Employees.
24.03 In the event of lay-off, and provided the necessary funds described in Article 24.10 are available, the staff shall be polled to determine if anyone is willing to accept voluntary lay-off. If there are more Employees willing to accept voluntary lay-off than are needed, seniority shall be the first laid off providing governing factor in that priority shall be given to the most senior Employee(s) provided that the remaining employees have jobs continue to be filled by Employees who are willing and qualified to do the minimal qualificationswork. An Employee accepting a voluntary lay-off shall be entitled to a separation allowance in accordance with Article 24.10.
24.04 Both parties recognize that employment security shall increase in proportion to length of service. Therefore, skill and ability to perform in the available work within one week. If further layoffs are necessary it will event of an involuntary lay-off, Employees shall be by plant wide seniority providing laid-off in reverse order of their seniority, provided that the remaining employees have jobs shall continue to be filled by Employees who are willing and qualified to do the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate will .
24.05 Laid off Employees shall be protected placed on a lay-off list for a period not to exceed three of two (32) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event an employee on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside the plant shall be recalled to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job Postingyears.
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I The Company will provide five (5)working days 16.1 An Employee may be laid off because of notice for layoffs exceeding three (3) working days. No manpower temporary employees will be used in the plant starting the day prior to such deviation from the above and the Chairperson will be notified. For layoffs shortage of three (3) working days work, shortage of funds, technological change, reorganization of a function, or less the Company will provide as much notice as above will apply except in cases beyond the control because of the Company. Probationary employees will be the first laid off providing the remaining employees have the minimal qualifications, skill and ability elimination of a position or classification.
16.2 When it is necessary to perform the available work within one week. If further layoffs are necessary invoke staff reductions it will be completed, whenever reasonably possible, by plant wide seniority providing resignations and retirements.
16.3 All applicable vacancies shall be identified and the remaining employees have Employee shall be assigned to the minimal qualificationsposition of their choice, skill subject to consideration of the provisions herein.
(a) If there is more than one Employee affected, their order of preference shall be determined by their order of seniority.
(b) If a position is to be transferred to another location and ability the job remains, the incumbent in the position will follow the position without competition.
(c) When schools are scheduled for closure the administrative personnel are transferred to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current ratelocation with the majority of students with no loss or reduction in secretarial assistance to them then secretarial/clerical Employees will also be transferred and after the transfer has been completed, their current rate reductions will be protected for done by seniority. Should this transfer
(d) Where an Employees position is relocated, the Employee shall be offered the position in the new location. The Employee may decline the offer in which case the Employee will be served with a period not to exceed three (3) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has layoff notice and have the right to bump exercise their rights under the most junior employee provisions of this Article 16.
16.4 When Employees are to be laid off, the Employer will advise and consult with the Local as soon as reasonably possible after the change appears probable with a view to minimize the adverse effects, of the decision to lay off the Employees.
(a) Thirty (30) calendar days notice of lay offs shall be sent by the Employer to the Local and the Employee who is to be laid off. No notice is required to be given to Employees displaced in accordance with this Article.
(b) Notices pursuant to this section shall include the effective date of lay off and the reasons therefore.
16.6 In the event of layoffs:
(a) For the purposes of the Article, the “same classification” means:
1 School Administrative Assistants Central Office Administrative Assistants Clerk / Dispatchers 2 Head Payroll Clerk Payroll Clerks 3 Accounts Payable Clerk Accounting Clerks Receptionist/Clerk All other classifications will be stand alone;
(b) The Employer shall give a notice of lay-off to the Employee whose position is to be temporarily or permanently affected;
(c) If there is more than one Employee in the same classification or a lower classification process will continue until all surplus are placed and/or at the work location affected by the lay-off, the most junior Employee shall be laid offoff provided the senior Employees are, in the Employer’s judgment, able to fully and competently perform the remaining work;
(d) The Employee in receipt of the notice of lay-off shall be entitled, at their discretion, to displace the most junior Employee in the same classification, same percentage, who is employed in the same County provided the Employee is able to fully and competently perform the work. Any vacancies created by a lay off If no such position exists, then the Employee will be offered entitled to;
(e) Displace, at their discretion, the most junior Employee in the same classification, same percentage who is employed in the other County provided the Employee is able to fully and competently perform the work.
(f) Notwithstanding Article 16.6 (d) and (e) the Employee may displace the most junior Employee who is employed in the same classification, lesser percentage in the same County provided the Employee is able to fully and competently perform the work. If no such position exists then the Employee will be entitled to;
(g) Displace, at their discretion, the most junior Employee in the same classification, lesser percentage, who is employed in the other County provided the Employee is able to fully and competently perform the work.
(h) Accept Lay off
16.7 An Employee will have a maximum of two (2) full days to exercise their rights at any of the foregoing steps of the placement/displacement procedures provided herein.
16.8 Upon recall all Employee benefits accumulated up to the date of their layoff, will be reinstated.
(a) Employees who are laid off shall be placed on a Any vacancies created recall list.
(b) The Employer shall give notice of recall by registered mail to the Employee’s last recorded address. Employees are responsible for keeping the Employer informed of their current address and telephone number.
(c) An Employee on layoff will have a lay maximum of five (5) full calendar days to provide notice of acceptance to a recall to any job. The Employee shall then be allowed two (2) weeks from the date of such notice of acceptance to report for work, if employed elsewhere, without loss of seniority rights.
(d) If a laid off Employee does not receive a position in accordance with Article 16.3, they will be offered considered for all temporary work within their classification. The acceptance of such temporary work shall not in any way alter or affect the Employee’s employment status, and the terms and conditions of the Agreement applicable to their status shall continue to apply. During such periods of temporary work, the Employee shall remain on a seniority basis recall.
16.10 Subject to displaced employees All cases consideration of external recall will be by plant wide seniority providing the have the minimal ability, experience, qualifications, skillEmployees placed on the recall list shall be recalled by order of seniority to any vacant position in the same classification of the Employee. If the position to which the Employee is recalled is outside the geographical district in which the Employee was formally employed, ability the Employee shall be entitled to refuse the notice of recall without affecting their rights for further recall.
16.11 If the layoff lasts for more than two (2) years without recall, the layoff shall be a termination of employment and recall rights shall lapse.
16.12 No new Employee shall be hired in a classification unless all Employees in that classification on the recall list who are able to perform the available workwork required have had an opportunity to be recalled subject to consideration of ability, within one week. experience, qualifications.
16.13 In the event an employee on external recall has been laid off for less than months they will be eligible of recalls to return to their original job positions within a classification,grade and wage should it exist When an employee has been , Employees previously laid off from their job for less than months and has been actively working inside the plant shall that classification will be recalled to former department, the classification and wage by in the order of their seniority.
16.14 It shall be no job for jobs where there a condition of possible future recall that all Employees keep the Employer informed of their current mailing address and telephone number.
16.15 The Presidents of the Local will be provided with a copy of all lay-off notices and a current seniority list prior to the notices being given to the Employees.
16.16 Where an Employee is an internal recall candidate. Prior placed in a vacancy in accordance with this Article, the Employer shall provide sufficient and adequate orientation to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job PostingEmployee taking the position.
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I The Company 3.01 When it becomes necessary to decrease the workforce because of lack of work in the plant, it will provide five (5)working days of notice for layoffs exceeding three (3be applied in the following manner;
a) working days. No manpower temporary Summer students followed by probationary employees will be used in the plant starting the day prior laid off first.
b) If additional employees are to such deviation from the above and the Chairperson will be notified. For layoffs of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees laid off, they will be the first most junior employees of the plant- wide seniority list.
c) Employees displaced because of layoff will have preference due to vacancies created as a result of the above layoff subject to Article 4. (Jobs of laid off providing employees may be posted after 60 days).
d) In cases where employees are unable to fill the remaining employees have existing jobs because of physical disability or sickness, this clause shall not apply, and the minimal qualifications, skill employee concerned shall be laid off until a suitable opening occurs. This article will comply with the Workplace Safety and ability to perform the available work within one week. Insurance Act.
3.02 If further layoffs are necessary it still necessary, the same will be by applied in the following manner.
a) An employee on the plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate list will be protected for transferred to replace a period shorter service employee, provided such employee is capable of doing the work of the shorter service employee. In cases where employees are unable to fill the existing jobs because of physical disability, or sickness, this clause will not to exceed three (3) months. Subject to apply, and the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off concerned will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event an employee on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When until a suitable opening occurs. The fact that an employee has been so designated will not affect his/her regular seniority standing and he/she will resume the same as soon as the special reasons in his/her case cease to exist.
b) At each layoff or recall following layoffs, certain individual employees whose services are required under special circumstances may be retained in, or called to service regardless of their seniority. Such designation will not become effective until approved by the Human Resources Manager and the Plant Chairperson and committeeperson concerned, and will cover only employees whose positions cannot be filled by those with seniority.
3.03 In the application of seniority to layoffs, employees to be retained on the basis of their seniority must have the ability to do the work available satisfactorily within a reasonable period of time, which will be five (5) regular working days. An employee who elects and does try, and is not satisfactory, will then be laid off from their job for less than months off; and has been actively working inside the plant shall be recalled no employee then assigned to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone such work will have a Union Representative present when any claim to retroactive pay for such calls are placedperiod. Article IO- Job PostingAn employee who elects to try the job must do so within five
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I The Company will provide five (5)working days of notice for layoffs exceeding three (3) working days. No manpower temporary employees will be used in 9.1 When it becomes necessary to reduce the plant starting the day prior to such deviation from the above work force and the Chairperson will be notified. For layoffs of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary lay off employees, probationary employees will be the first laid off providing the provided those remaining employees have with more seniority are able and willing to do the minimal qualifications, skill and ability to perform the available work within one weekrequired. If further layoffs are necessary it necessary, employees with the least amount of seniority shall be laid off, provided those remaining employees with more seniority are able and willing to do the work available. The Company will endeavor to provide seven (7) calendar days advance notice of layoff to seniority employees when possible. During periods of work shortage that result in the need to reduce the workforce (lay-off), the seniority employees in the affected classification will be offered by plant wide inverse seniority providing the remaining option of a temporary lay-off. During such periods of lay-off, affected employees shall continue to have entitlement to employee benefits in accordance with the minimal qualificationsprovisions of Article 17.6. The determination of the need for an Inverse lay-off will be at the sole discretion of the Company. If an employee is recalled from Inverse lay-off/Temporary lay-off and fails to report as per Article 8.5, skill the employee will be deemed to have resigned their position and the Company is not liable for any lieu in notice pay and/or severance pay. "The term "temporary lay-off" shall be defined by the Employment Standards Act."
9.2 Employees affected by a reduction in the work force will be allowed to claim vacant jobs or bump employees with less seniority. Where there is a dispute regarding an employee’s ability to perform the available work available, he or she will be entitled to a fifteen (15) working day training period in order to become familiar with the work, within one providing the employee can reasonably be expected to adequately perform such work Company will place affected employees in positions for which they qualify, as close as possible to their current wage ratefollowing the training period. If the new rate employee advises that he/she does not wish to continue in the position into which he/she bumped, the employee shall accept the layoff with no further bumping rights. If the Company determines that the employee is lower than their current ratenot suitable in the position into which he/she has bumped, their current rate the employee will be protected for a period not so advised and can opt to exceed three (3) months. Subject either accept the layoff or to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has exercise the right to bump one time more only.
9.3 Three (3) members of the most junior employee in Union committee will not be laid off during their respective terms of office, notwithstanding their position on the same classification or a lower classification process will continue until all surplus seniority list so long as the Company has work available that they are placed and/or able and willing to perform.
9.4 Employees who have been laid off. Any vacancies created by a lay off will be offered on recalled to work in order of seniority when work becomes available, provided they are able and willing to perform such work. Where there is a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, dispute regarding an employee’s ability to perform the available work available, he or she will be entitled to a fifteen (15) working day training period in order to become familiar with the work, within one weekproviding the employee can reasonably be expected to adequately perform such work following the training period. In If the event an employee on external advises that he/she does not wish to continue in the position in which he/she accepted, the employee shall return to layoff until the next recall opportunity. If the Company determines that the employee is not suitable in the position into which he/she has been laid off for less than months they accepted, the employee will be eligible so advised and can opt to either return to their original job classification,grade and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside layoff or to exercise the plant shall be recalled right to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons accept another position one time more only.
9.5 The Company will provide the Company shall offer recall to all laid off pursuant to Article External chairperson with a list of employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job Postingto be laid off or recalled.
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I 11.01 The Company will provide five (5)working days do everything practicable to minimize layoffs and temporary reductions. All cases of layoff will be discussed with the Unit Chairperson as far in advance as possible and a listing will be given to him/her of the number of employees from each shift and grade to be laid off. Notice to employees of layoff will be in accordance with the Employment Standards Act and will apply to employees subsequently affected by the bumping process. The provision of pay in lieu of layoff notice for layoffs exceeding three (shall not apply in the event of fire, lightning, storm, flood, power failure, or other causes such as strikes and work stoppages in connection with labour disputes.
11.02 In the event of layoff or recall, seniority shall prevail, providing the senior employee has the required qualifications to perform the work. For clarification, the qualifications are defined under letter of understanding # 3) working days. No manpower seniority employee shall be laid off until all probationary, temporary or contract employees will be used in the plant starting the day prior to such deviation from the above and the Chairperson will be notified. For layoffs of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees will be the are first laid off providing provided the remaining senior employee has the qualifications to do the work. For the purposes of this Article employees shall be laid off and recalled by Grade (A, B and C.)
11.03 In event of a layoff the following procedure shall take place:
a) The Company shall declare how many employees from each shift and Grade shall be declared surplus.
b) Should any of the surplus employees have the minimal qualificationsbumping rights, skill and ability to perform the available work within one week. If further layoffs are necessary it those rights will be by plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees exercised as follows:
i) any surplus employee(s) in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate will be protected for Grade C shall displace a period not to exceed three (3) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most more junior employee in the same classification Grade on an opposite shift.
ii) failing i) the surplus employee(s) shall displace a Grade B or Grade A employee on same shift.
iii) failing ii) the surplus employee(s) shall displace a Grade B or Grade A employee on an opposite shift of the employee’s choice subject to their seniority rights.
iv) failing iii) the surplus employee(s) shall be placed on layoff to await recall.
c) the same process as above shall then be applied to the surplus Grade B employees. Once that process is complete, the same process shall then be applied to the surplus Grade A employees.
11.04 This will not restrict the right of any employee who has the necessary qualifications from exercising his seniority rights to acquire a job in a higher Grade.
11.05 Employees reclassified under this provision shall be paid in accordance with Article 12.02.
11.06 Employees are permitted to take layoff at any step of the layoff procedure in lieu of exercising their seniority rights with the understanding that they must then await recall as provided for in the recall procedure.
11.07 The affected employees shall be shown their options by the Company and shall be required to declare their choice at that time; however, no movement will take place until the appropriate notice period has expired.
11.08 The following outlines the procedure and conditions for recall:
a) Employees who are on layoff shall be recalled in the reverse order of seniority to the highest job grade held prior to date of layoff or to a lower classification process will continue until all surplus are placed and/or laid offjob grade if a signed recall form is on file. Any vacancies created by a lay off will (Recall Form - Appendix “D”). The period of recall rights shall be offered on a Any vacancies created by a lay off will in accordance with 9.01c). Such return shall be offered on a seniority basis subject to displaced employees All cases of external recall will the employee having the necessary qualifications.
b) The procedure for recalling an employee shall be by plant wide telephone and confirmed by registered mail to the employee’s last address on record with the Company. It is the responsibility of each employee to notify the Company of any change of address. The limits related to notification to the Company and reporting to work limits are as set out in Loss of Seniority 10.01 c) and d).
c) Employees who exercised their seniority providing the have the minimal qualifications, skill, ability rights to perform the available work, within one week. In the event an employee on external recall has been laid off for less than months they will be eligible to return to their original fill a job classification,in a lower grade and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside the plant shall be recalled to former department, classification and wage by the job grade held at the time of reduction or to all grades up to their original grade. The opportunity to return to a higher job grade shall be no retained for a period of time equal to one (1) month for each month of seniority as of the date of reduction to a maximum of thirty- six (36) months.
d) If a recall to a grade is made to a position expected to last more than five (5) days and the employee refuses the opportunity, the refusal will be recorded and the opportunity will not be repeated.
e) Recall Guidelines - When the Company has requirements for additional employees, all vacant job for jobs where classifications created are to be filled first by recalling employees who have the necessary qualifications.
11.09 Normal rules of seniority shall not apply during a temporary reduction in operations. A temporary reduction in operations shall be defined as any forty (40) regular working hours within a calendar month to a maximum of eighty (80) regular working hours per calendar year. In this regard reductions of less than four (4) hours shall be recorded as four (4) hours and reductions of more than four (4) hours but less than eight (8) shall be recorded as eight (8) hours. After the forty (40) or eighty (80) hours have been exhausted, a meeting will be held with the Union to determine if the temporary reduction may be continued or whether a reduction in the work force according to seniority shall be made. The Unit Chair will not be subject to temporary reductions provided there is an internal recall candidatework available in the plant for which he/she has the skill and ability to perform. Prior to using any The parties mutually recognize the desirability of minimizing wherever possible, the hardships caused by temporary persons reductions in the work force. In this regard the Company shall offer recall agrees that when temporary reductions in work force are necessary efforts will be made to all laid off pursuant locate alternative employment for employees so affected or to Article External locate employees who are being recalled wish to accept layoff voluntarily. The Company will provide employees with a minimum of sixty (60) calendar days notice of any plant shutdown. Employees will be entitled to utilize personal days and/or vacation days during a shutdown period. Should the Employer cancel a scheduled shutdown, the cancelling of vacation and/or personal days booked during such a period shall be at the discretion of the employee.
11.10 The Unit Chair shall be deemed to have top seniority except for when he/she is appointed/elected by telephone will have the Union less than three (3) months before a Union Representative present when such calls are placed. Article IO- Job Postinglayoff or reduction, which would normally affect him/her.
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I The Company In the event of a lay-off, employees having the least seniority in the classification to be reduced will provide five (5)working days of notice for layoffs exceeding be laid off first and will be recalled based on the most senior employee by classification back to work first. • An employee, electing to exercise his/her seniority by bumping into another classification, will be retained provided he/she is satisfactorily able to perform the work to be done, after a three (3) working daysday familiarization period and a formal assessment by the Joint Health and Safety Committee. No manpower temporary • The union plant committee will be retained in the employee of the company during their respective terms of office, notwithstanding their position on the seniority list, so long as the company has work available which they are qualified for and willing to perform. • The company will provide the chairperson of the union plant committee with a list of employees to be laid off or recalled, also any cancellation of such notices. • In the event of an indefinite lay-off, employees will be used in the plant starting the day prior retained based on inverse seniority and training (to such deviation from the above and the Chairperson a maximum of one (1) week will be notified. For layoffs of three (3provided) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees will be the first laid off providing the remaining employees have the minimal qualifications, skill and ability to perform the available work within one weekrequired. If further layoffs are necessary it Where the employee will not be by plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability able to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage ratewith training. If Then the new rate is lower than their current rate, their current rate next senior employee who can perform the work with training will be protected for a period not to exceed three (3) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one weekretained. In the event indefinite lay-offs occur, the company in conjunction with the plant committee will have up to 48 hours to move employees onto other crews in accordance with their seniority in conjunction with the union committee. • A temporary adjustment means a reduction in the working force necessitated by unplanned occurrences which require partial or full curtailment of operations and over which management has no control. Such occurrences are usually for a limited duration and are caused for example by parts or material shortages, machinery or equipment failures, temporary tooling or production difficulties, labour disputes, emergencies or acts of God. • In the event of a temporary layoff, the Company and the Union will mutually agree to work out methods which will be applied in inverse seniority layoffs. In the event that the company requires a temporary adjustment in its workforce, the company agrees an employee who has worked eight (8) hours during the week and the work week is canceled, the company will pay each employee 85% of his/her base rate on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside the plant shall be recalled to former department, classification and wage by shall be no job for jobs where there is an internal recall candidatenormal pay period. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job PostingSUB Fund
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I
16.1 A layoff shall be defined as an absence from employment or a reduction in hours of a position imposed on any Employee by the Employer due to lack of work or the discontinuance of a function.
16.2 Where there is any proposed reduction in the workforce, the Employer must notify the Alliance a minimum of two (2) months in advance of the layoff. The Company Employer shall meet with the Union for the purpose of exploring ways of assisting affected Employees, consistent with the terms of this Collective Agreement.
(a) The Employer will provide five whenever reasonably possible carry out reductions in the workforce by voluntary attrition.
(5)working days of notice for layoffs exceeding three (3b) working days. No manpower temporary employees Where a proposed reduction in the workforce cannot be accomplished through voluntary attrition in the affected job titles, consideration will be used given to such options as reassignment, redeployment or temporary assignment.
(c) Should the Employer elect to offer incentives for voluntary termination, it shall do so in order of service.
(d) Temporary Employees shall be laid off before permanent Employees, providing the permanent Employee replacing the temporary Employee is qualified and able to do the job.
(e) Where an Employee is subject to a layoff in the plant starting form of an involuntary reduction in hours of work, they may accept the day prior reduced hours of work and remain employed rather than be laid off, and in doing so shall forego severance payment in this instance.
16.4 Where the procedures set out above do not result in averting a layoff, selection of Employees to such deviation from be laid-off in the above and the Chairperson affected position will be notified. For layoffs as follows:
(a) reverse order of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees seniority will be used;
(b) the first laid off providing the remaining employees Employee so affected shall have the minimal qualifications, skill and ability to perform the available work within one week. If further layoffs are necessary it will be by plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate will be protected for a period not to exceed three (3) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump an Employee with less seniority providing that the Employee so affected has the qualifications and ability to do the job; and
(c) where the situation in (b) above does not apply, the Employee affected will be laid-off.
16.5 Where a permanent Employee is to be laid-off, they shall be given as much advance notice as possible but in any event no less than one (1) month in writing. Employees may have a Local Alliance representative with them in attendance at meetings where notice of ▇▇▇▇▇▇ is given.
16.6 Employees laid off shall be entitled to a severance period according to the following formula:
(a) One (1) month for the first complete or partial year of continuous employment, plus
(b) Two (2) weeks pay per completed year of employment following the first year.
(c) The maximum severance benefit will be thirty-four (34) weeks.
16.7 Compensation during the severance period shall include:
(a) Wages at the same salary as at the time of layoff, prorated for part time staff as applicable, and paid out biweekly as per standard Employer payroll procedures.
(b) Continuation of all applicable Employee benefits as provided under this agreement or other Employer policies, subject to approval by third party insurers.
16.8 An Employee may elect to defer severance payments to the end of the recall period. In such a case severance shall be paid in a lump sum. Pension contributions from both Employee and Employer will be made with respect to the total payment at that time.
16.9 No new Employee shall be hired until all Employees laid off have been given an opportunity of recall. Recall rights shall last for twelve (12) months from the date of layoff. Recall rights apply to a reinstated position and to vacant position. Recall shall be in order of seniority, with the most junior employee senior Employee laid off being given first opportunity of recall subject to qualifications and ability to do the job.
16.10 Laid off Employees recalled during a severance period shall not be required to repay severance benefits received, but shall have future severance periods adjusted to reflect compensation received during the layoff. Severance received during prior layoff periods shall not affect the maximum severance benefit.
16.11 Grievances concerning ▇▇▇▇▇▇ and recalls shall be initiated at Step 2 of the Grievance Procedure.
(a) Upon layoff an Employee shall receive two (2) weeks' pay for the first complete year of continuous employment and one (1) week's pay for each additional complete year of continuous employment with a maximum benefit of twenty (20) weeks' pay.
(b) On resignation an Employee, with ten (10) or more years of continuous employment, shall receive, subject to (e) below, one-half week's pay for each complete year of continuous employment up to a maximum of twenty (20) years with a maximum benefit of ten (10) weeks' pay.
(c) On retirement, after reaching the age of fifty-five (55) years and having completed ten (10) or more years of continuous service, an Employee shall receive, regardless of any other benefits payable, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty (20) weeks' pay.
(d) If an Employee dies, their Estate shall receive, one (1) week's pay for each complete year of continuous employment to a maximum of twenty (20) week's pay, regardless of any other benefit payable.
(e) Severance benefits payable to an Employee under this section shall be reduced by any period of continuous employment in respect of which the same classification Employee was already granted severance pay, retiring leave or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases cash gratuity in lieu of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event an employee on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside the plant shall be recalled to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job Postingretiring leave.
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I The Company will provide five (5)working days a) An Employee may be laid off because of notice for layoffs exceeding three (3) working days. No manpower temporary employees will be used in the plant starting the day prior to such deviation from the above and the Chairperson will be notified. For layoffs shortage of three (3) working days work, shortage of funds, technological change, reorganization of a function, or less the Company will provide as much notice as above will apply except in cases beyond the control because of the Company. Probationary employees elimination of a position or classification.
(b) The Employer agrees that volunteers will be not perform work normally performed by members of the first laid off providing the remaining employees have the minimal qualifications, skill and ability Bargaining Unit.
16.2 When it is necessary to perform the available work within one week. If further layoffs are necessary invoke staff reductions it will be completed, whenever reasonably possible, by plant wide seniority providing resignations and retirements.
16.3 All applicable vacancies shall be identified and the remaining employees have Employee shall be assigned to the minimal qualificationsposition of their choice, skill subject to consideration of the provisions herein.
(a) If there is more than one Employee affected, their order of preference shall be determined by their order of seniority.
(b) If a position is to be transferred to another location and ability the job remains, the incumbent in the position will follow the position without competition.
(c) When schools are scheduled for closure the administrative personnel are transferred to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current ratelocation with the majority of students with no loss or reduction in secretarial assistance to them then secretarial/clerical Employees will also be transferred and after the transfer has been completed, their current rate reductions will be protected for done by seniority. Should this transfer result in the new location having a period not surplus of Employees, staff reductions would occur pursuant to exceed three Article 16.6.
(3d) monthsWhere an Employees position is relocated, the Employee shall be offered the position in the new location. Subject to The Employee may decline the language offer in Article when there are surplus which case the company Employee will select the most junior employee affected plant declared surplus has be served with a layoff notice and have the right to bump exercise their rights under the most junior employee provisions of this Article 16.
16.4 When Employees are to be laid off, the Employer will advise and consult with the Local as soon as reasonably possible after the change appears probable with a view to minimize the adverse effects, of the decision to lay off the Employees.
(a) Thirty (30) calendar days notice of layoffs shall be sent by the Employer to the Local and the Employee who is to be laid off. No notice is required to be given to Employees displaced in accordance with this Article.
(b) Notices pursuant to this section shall include the effective date of lay off and the reasons therefore.
16.6 In the event of layoffs:
(a) For the purposes of the Article, the "same classification" means:
1 School Administrative Assistants Central Office Administrative Assistants 2 Head Payroll Clerk Payroll Clerks 3 Accounts Payable Clerk Accounting Clerks Receptionist/Clerk Transportation Clerk All other classifications will be stand alone;
(b) The Employer shall give a notice of lay-off to the Employee whose position is to be temporarily or permanently affected;
(c) If there is more than one Employee in the same classification or a lower classification process will continue until all surplus are placed and/or at the work location affected by the lay-off, the most junior Employee shall be laid offoff provided the senior Employees are, in the Employer's judgment, able to fully and competently perform the remaining work;
(d) The Employee in receipt of the notice of lay-off shall be entitled, at their discretion, to displace the most junior Employee in the same classification, same percentage, who is employed in the same County provided the Employee is able to fully and competently perform the work. Any vacancies created by a lay off If no such position exists, then the Employee will be offered entitled to;
(e) Displace, at their discretion, the most junior Employee in the same classification, same percentage who is employed in the other County provided the Employee is able to fully and competently perform the work.
(f) Notwithstanding Article 16.6 (d) and (e) the Employee may displace the most junior Employee who is employed in the same classification, lesser percentage in the same County provided the Employee is able to fully and competently perform the work. If no such position exists then the Employee will be entitled to;
(g) Displace, at their discretion, the most junior Employee in the same classification, lesser percentage, who is employed in the other County provided the Employee is able to fully and competently perform the work.
(h) Accept Lay off
16.7 An Employee will have a maximum of two (2) full days to exercise their rights at any of the foregoing steps of the placement/displacement procedures provided herein.
16.8 Upon recall all Employee benefits accumulated up to the date of their layoff, will be reinstated.
(b) Employees who are laid off shall be placed on a Any vacancies created recall list. The Employer shall give notice of recall by registered mail to the Employee's last recorded address. Employees are responsible for keeping the Employer informed of their current address and telephone number.
(c) An Employee on layoff will have a lay maximum of five (5) full calendar days to provide notice of acceptance to a recall to any job. The Employee shall then be allowed two (2) weeks from the date of such notice of acceptance to report for work, if employed elsewhere, without loss of seniority rights.
(d) If a laid off Employee does not receive a position in accordance with Article 16.3, they will be offered considered for all temporary work within their classification. The acceptance of such temporary work shall not in any way alter or affect the Employee's employment status, and the terms and conditions of the Agreement applicable to their status shall continue to apply. During such periods of temporary work, the Employee shall remain on a seniority basis recall, and the recall period shall be extended by the length of time the Employee performed the temporary work.
16.10 Subject to displaced employees All cases consideration of external recall will be by plant wide seniority providing the have the minimal ability, experience, qualifications, skillEmployees placed on the recall list shall be recalled by order of seniority to any vacant position in the same classification of the Employee. If the position to which the Employee is recalled is outside the geographical district in which the Employee was formally employed, ability the Employee shall be entitled to refuse the notice of recall without affecting their rights for further recall.
16.11 If the layoff lasts for more than two (2) years without recall, the layoff shall be a termination of employment and recall rights shall lapse.
16.12 No new Employee shall be hired in a classification unless all Employees in that classification on the recall list who are able to perform the available workwork required have had an opportunity to be recalled subject to consideration of ability, within one week. experience, qualifications.
16.13 In the event an employee on external recall has been laid off for less than months they will be eligible of recalls to return to their original job positions within a classification,grade and wage should it exist When an employee has been , Employees previously laid off from their job for less than months and has been actively working inside the plant shall that classification will be recalled to former department, the classification and wage by in the order of their seniority.
16.14 It shall be no job for jobs where there a condition of possible future recall that all Employees keep the Employer informed of their current mailing address and telephone number.
16.15 The Presidents of the Local will be provided with a copy of all lay-off notices and a current seniority list prior to the notices being given to the Employees.
16.16 Where an Employee is an internal recall candidate. Prior placed in a vacancy in accordance with this Article, the Employer shall provide sufficient and adequate orientation to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job PostingEmployee taking the position.
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I The Company will provide five (5)working days a) In the event of notice for layoffs exceeding three (3due to a reduction in force, probationary employees within the affected classification(s) working days. No manpower temporary employees will be used in the plant starting the day prior to such deviation from the above and the Chairperson will be notified. For layoffs of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees will be the first to be laid off. Employees will be laid off providing the remaining employees from and recalled to their regular job classifications in accordance with their house seniority, provided they have the minimal qualifications, skill and ability qualifications to perform satisfactorily the work available work within one weekin their regular job classification. If further All layoffs are necessary it will be by plant wide seniority providing conducted in compliance with the remaining provisions of the Stardust arbitration award of 1997. It is the responsibility of the employee to advise the Employer of a change in either address or telephone number. In accordance with their seniority, employees have the minimal qualificationsin layoff status will be offered, skill and ability but not required to perform the available (subject to subparagraph {c}), all extra work in their classifications except for banquets or parties, before extra employees are hired, before steady extra employees are offered such work, within one and, to the extent practical, before regular employees are assigned to work Company will place affected their sixth (6th) day; provided, however, that such employees who are offered and accept extra work shall be paid as extra employees for such work in accordance with Section 10.05, but shall not be Tropicana Resort & Casino 46 covered by the provisions of Section 9.03. Employees whose jobs are eliminated (i.e., everyone in a specific job classification), or employees who were laid off on or after September 11, 2001 and not recalled before May 1, 2002, shall be given the opportunity to transfer to vacancies in bargaining unit positions for which they qualifyare qualified that have not been filled pursuant to Sections 20.04 or 10.07, as close as possible and which exist at the time of the job elimination or within sixty (60) days thereafter. Whenever all employees in a specific job classification (except for seasonal classifications) are laid off, such employees shall be given the opportunity to their current wage ratetransfer to vacancies in bargaining unit positions for which they are qualified which have not been filled pursuant to Section 20.04 or 10.07, and which exist at the time of the job elimination or within sixty (60) days thereafter. If an employee transfers under this section, he/she will have recall rights to his/her former eliminated position from the new rate is lower than their current rate, their current rate will be protected time of the job elimination for a period of six (6) months for employees with less than six (6) months of service, or 12 months for employees with six (6) or more months of service so long as he/she has not to exceed three been terminated or has not resigned employment with the Employer.
(3b) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event of a layoff because of circumstances affecting only a portion of the establishment such as a room closing, the affected employees may be laid off without regard to house seniority, provided the layoff is scheduled to be fourteen (14) days or less, or, in the case of housekeeping department employees, the layoff is scheduled to be seven (7) days or less.
(c) Employees to be laid off in accordance with Section 20.03(a) may be laid off without regard to their respective house seniority as each completes his/her current workweek. At the time of layoff the employee shall state availability or nonavailability for extra work; where the employee indicates availability, the employee shall not be called for extra work after he/she refuses two (2) out of seven (7) offers. Notwithstanding the foregoing, an employee may declare unavailability for extra work for a definite period while on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside the plant layoff.
(d) Employees shall be recalled to their regular job classifications in accordance with the following procedures:
(1) If a position is restored less than 90 days of when it was eliminated, and if the person who held it is still actively at work, the person is returned to the position, or if the person who held it is on layoff, the most senior person on layoff is recalled to it, except that if multiple people on layoff are to be recalled at about the same time to several positions that have been restored or created, and the person who formerly held the position is one of those to be recalled, then the person is returned to his/her former departmentposition regardless of the relative seniority among those to be recalled.
(2) If a position is restored 90 days or more after it was eliminated, classification or a new position is created, it is put up for bid. This is true even if the person who formerly held the position is still actively at work. All regular employees may bid, but laid off employees may not bid. If there are no bidders, the most senior person on layoff is recalled to the position and wage cannot refuse it. Tropicana Resort & Casino 47
(3) Employees who obtain a position by bidding shall not be eligible for another transfer under this subsection or under Section 20.04(b) for six (6) months. Those who are transferred to a position without bidding remain eligible for transfer under those provisions.
(4) The provisions of paragraph (1) shall apply to any position eliminated on or after September 11, 2001 and before May 1, 2002 if it is restored at any time prior to December 31, 2002, regardless whether the restoration is within 90 days of elimination.
(e) Employees who were laid off on or after September 11, 2001 and not recalled before May 1, 2002 shall be no job entitled to retrain in a program conducted by the Southern Nevada Joint Management Culinary & Bartenders Training Fund or a training program for jobs where there is hotel services conducted by an internal recall candidate. Prior institution licensed as a postsecondary educational institution by the State of Nevada, to using any temporary persons enable them to qualify for placement in positions either in the Company shall offer recall to all classifications covered by this Agreement or in other classifications of hotel-casino work.
(f) Specialty/Gourmet Room Cooks will not be laid off pursuant under the terms of Section 20.03 (b) where they are immediately qualified to Article External employees who are being recalled by telephone will perform the work of cooks in their classifications in other kitchens, provided they have a Union Representative present when such calls are placed. Article IO- Job Postingsufficient classification seniority to displace cooks in other kitchens.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Manchester Mall Inc)
LAYOFFS AND RECALLS. I 15.01 When it becomes necessary to decrease the workforce because of lack of work in the plant, it will be applied in the following manner;
a) Summer students followed by probationary employees will be laid off first.
b) If additional employees are to be laid off, they will be the most junior employees of the plant-wide seniority list.
c) In cases where employees are unable to fill the existing jobs because of physical disability or sickness, this clause shall not apply, and the employee concerned shall be laid off until a suitable opening occurs. This article will comply with the Workplace Safety and Insurance Act.
15.02 If layoffs are still necessary, the same will be applied in the following manner.
a) An employee on the plant seniority list will be transferred to replace a shorter service employee, provided such employee is capable of doing the work of the shorter service employee. In cases where employees are unable to fill the existing jobs because of physical disability, or sickness, this clause will not apply, and the employee concerned will be laid off until a suitable opening occurs. The Company fact that an employee has been so designated will provide not affect his/her regular seniority standing and he/she will resume the same as soon as the special reasons in his/her case cease to exist.
b) At each layoff or recall following layoffs, certain individual employees whose services are required under special circumstances may be retained in, or called to service regardless of their seniority. Such designation will not become effective until approved by the Human Resources Manager and the Plant Chairperson and committeeperson concerned, and will cover only employees whose positions cannot be filled by those with seniority.
15.03 In the application of seniority to layoffs, employees to be retained on the basis of their seniority must have the ability to do the work available satisfactorily within a reasonable period of time, which will be one (1) work week. An employee who elects and does try, and is not satisfactory, will then be laid off; and no employee then assigned to such work will have any claim to retroactive pay for such period. An employee who elects to try the job must do so within five (5)working 5) regular working days following the layoff.
15.04 During each layoff, where in the opinion of the company, an employee is able to do the job, he will take such job, provided the job comes within the bargaining unit.
15.05 Employees who are to be laid-off because of reduced manufacturing schedules will be given advance notice for layoffs exceeding three of five (35) working days. No manpower temporary employees , and the list of those affected will be used in the plant starting the day prior to such deviation from the above and the Chairperson will be notifiedposted. For layoffs Advance notice of three five (35) working days or less will not apply to lay-offs within a given work week when the Company will provide as much notice as above will apply except in cases beyond reduced manufacturing schedule is the direct result of factors outside the control of the CompanyCompany (ie. Probationary Act of Nature, Customer/Vendor Work Actions, etc.). For those employees working out of seniority; they may be laid off on immediate notice. A probationary employee who is separated from the payroll of the company will be informed at time of separation whether he/she is permanently laid off or will be recalled
15.06 The Chairperson of the Bargaining Committee will be advised of all contemplated cases of extended layoff 48 hours in advance of the time notice of layoff is given to the employee, and a list of the employees to be laid off will be given in writing to the chairperson at time of layoff.
15.07 When there is an increase of work force employees will be the first laid off providing the remaining employees have the minimal qualifications, skill and ability to perform the available work within one week. If further layoffs are necessary it will be recalled by plant wide seniority providing and the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate chairperson will be protected for a period not to exceed three notified in writing of such recall.
15.08 Former employees re-entering service after continuity of service has been broken (3see Master Agreement) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event an employee on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside the plant shall be recalled to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job Postingconsidered new employees
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I 25.01 The Company parties recognize that circumstances may arise where there is an inability to pay or the Employer chooses to discontinue work. The parties also recognize that job security should increase in proportion to an Employee’s length of service. Therefore, in the event of a layoff, Employees shall be laid off in the reverse order of their seniority provided that no Employee is to be displaced by a person with more seniority unless the latter possesses the occupational qualifications of the job filled by the Employee with less seniority. Employees who are laid off shall be recalled in order of their seniority provided an Employee has the required minimum qualifications as outlined in the job description. Where reasonably possible and subject to mutual agreement, the Employee will provide five be given a reasonable amount of time (5)working days in most cases ninety (90) calendar days) to obtain the required qualifications.
(a) The Employer shall advise and discuss changes to the Employer’s operations which may result in the layoff of notice for layoffs exceeding Employee(s) thoroughly with the Union, within a period of six (6) months but not less than three (3) working days. No manpower temporary employees will be used in the plant starting the day months prior to such deviation from change. Wherever reasonably possible, layoffs shall be avoided by retraining, relocation or reassignment of the above Employees affected.
(b) The posting requirements of this Agreement shall not apply where Employee(s) is/are retrained, reassigned and/or relocated under the terms of this Article. If an Employee refuses to be retrained, reassigned and/or relocated, he/she may be subject to layoff, as provided in Article 25.01.
(c) Employee(s) being retrained and/or reassigned shall be subject to a trial period, up to a cumulative total of six (6) months, as determined and mutually agreed to by the Employer and the Chairperson Union. If an Employee fails to successfully complete the trial period, he/she may be subject to layoff or termination.
(d) Part-Time Employees shall be laid off before Full-Time Employees. Full-Time Employees will be notifiedrecalled prior to Part-Time Employees.
(e) Part-Time Employees, while on layoff, shall be given preference for employment over Temporary Employees or Casual Employees, provided such Part-Time Employees are qualified for the position.
(a) No new Employees shall be hired until those Employees previously laid off have been given an opportunity for re-employment, in writing, with a copy to the Union.
(b) When work becomes available, the Employer agrees to re-engage those Employees whose ability to perform the work in question is relatively equal in order of seniority. For layoffs Notice of recall shall be sent to the Employee in writing. It shall be the responsibility of each Employee to keep the Employer informed of his/her current address, phone number and/or email address.
(c) An Employee shall advise the Employer of his/her intention to return to work within five (5) consecutive working days of receiving a notice of recall. An Employee who accepts a recall must report to work within five (5) consecutive working days.
(d) Failure to respond to a notice of recall shall be considered as a resignation from employment by the Employee.
(a) If an Employee who has completed their required probation period is to be laid off, the Employer shall give notice of such layoff as follows:
1) two (2) weeks, if the Employee has been employed for more than six (6) months but less than (2) years, 2) three (3) working days weeks, if the Employee has been employed for two (2) years or more but less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees will be the first laid off providing the remaining employees have the minimal qualificationsthan four (4) years, skill and ability to perform the available work within one week. If further layoffs are necessary it will be by plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate will be protected for a period not to exceed three (3) months. Subject to five (5) weeks, if the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event an employee on external recall Employee has been laid off employed for four (4) years or more but less than months they will be eligible to return to their original job classification,grade and wage should it exist When an employee six (6) years, 4) six (6) weeks, if the Employee has been laid off from their job employed for six (6) years or more but less than months and eight (8) years, 5) seven (7) weeks, if the Employee has been actively working inside the plant shall be recalled to former department, classification and wage by shall be no job employed for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job Postingeight (8) years or more but less than ten (10) years,
Appears in 1 contract
Sources: Collective Agreement
LAYOFFS AND RECALLS. I The Company 15.01 when it becomes necessary to decrease the workforce be- cause of lack of work in the plant, it will provide five (5)working days of notice for layoffs exceeding three (3be applied in the following manner;
a) working days. No manpower temporary Summer students followed by probationary employees will be used in the plant starting the day prior laid off first.
b) If additional employees are to such deviation from the above and the Chairperson will be notified. For layoffs of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees laid off, they will be the first most junior employees of the plant-wide seniority list.
c) In cases where employees are unable to fill the exist- ing jobs because of physical disability or sickness, this clause shall not apply, and the employee concerned shall be laid off providing until a suitable opening occurs. this article will comply with the remaining employees have the minimal qualifications, skill workplace Safety and ability to perform the available work within one week. Insur- ance act.
15.02 If further layoffs are necessary it still necessary, the same will be by plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate will be protected for a period not to exceed three (3) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee applied in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event following manner.
a) an employee on external recall has been the plant seniority list will be transferred to replace a shorter service employee, provided such employee is capable of doing the work of the shorter service employee. In cases where employees are un- able to fill the existing jobs because of physical disability, or sickness, this clause will not apply, and the employee concerned will be laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When until a suitable opening oc- curs. the fact that an employee has been so designated will not affect his/her regular seniority standing and he/she will resume the same as soon as the special reasons in his/her case cease to exist.
b) at each layoff or recall following layoffs, certain individu- al employees whose services are required under special circumstances may be retained in, or called to service regardless of their seniority. Such designation will not become effective until approved by the Human Resourc- es Manager and the Plant Chairperson and committeep- erson concerned, and will cover only employees whose positions cannot be filled by those with seniority.
15.03 In the application of seniority to layoffs, employees to be retained on the basis of their seniority must have the ability to do the work available satisfactorily within a reasonable period of time, which will be one (1) work week. an em- ployee who elects and does try, and is not satisfactory, will then be laid off from their job for less than months off; and has been actively working inside the plant shall be recalled no employee then assigned to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone such work will have a Union Representative present when any claim to retroactive pay for such calls are placedperiod. Article IO- Job Postingan employee who elects to try the job must do so within five
Appears in 1 contract
Sources: Collective Agreement