Common use of Layoffs and Severance Clause in Contracts

Layoffs and Severance. A. Any bargaining unit employee who is laid off (“Laid Off Unit Employee”) for economic or other reasons, shall, subject to execution of a standard Company separation agreement, receive gross severance based on years of service (chart below). The Company will not require a post- employment separation agreement that impinges on the employee’s rights under Section 7 of the NLRA. B. Any bargaining unit employee who is discharged under section (D) of Article 15 (Discipline and Discharge) shall, subject to execution of a standard Company separation agreement, receive gross severance based on years of service (chart below). Years of Service (A) Weeks of severance (B) Weeks of severance Less than 1 yr 11 7 1 full yr 12 8 2 full yrs 12 8 3 full yrs 13 9 4 full yrs 16 12 5 full yrs 19 15 6 full yrs 22 18 7 full yrs 24 20 8+ full yrs 26 22 C. All severance payments shall be paid as a lump payment. D. Any bargaining unit employee who receives severance pursuant to paragraphs (A) and (B), and who was receiving medical, dental and vision benefits through the Company shall receive, by separate lump sum payment, the monetary equivalent of the Employer’s share of the monthly premium, plus the full administrative surcharge, for the portion of the severance period for which they are no longer receiving Company benefits. While terminated bargaining unit employees are responsible for paying the full monthly amount to the carrier, the lump sum payment shall be adjusted for taxes so that the terminated employee’s monthly out of pocket financial share of health insurance premium is the same as their out-of-pocket financial share of premiums during employment. E. Terminated bargaining unit employees may link to published Work Product. F. In the event of a layoff of multiple bargaining unit employees, where the Company pays out accrued but unused Paid Time Off to any bargaining unit employee, it shall pay out accrued but unused Paid Time Off to all other bargaining unit employees as part of the same action. The decision to pay out any accrued but unused Paid Time Off shall remain at the sole discretion of the Company or as required by state law. G. Bargaining unit employees who are laid off during their approved parental leave shall receive the same parental leave considerations, in addition to contractual severance. as all other employees of the Company impacted by the same layoff action on the same terms and conditions as other employees of the Company. The decision to offer any parental leave considerations shall be at the sole discretion of the Company H. Bargaining unit employees who are less than six (6) months from the next severance tier shall receive 50% of the difference between the severance for their full years of service and the next severance tier. For example, an employee who has four (4) years, eight (8) months severance would receive 17.5 weeks severance (sixteen (16) weeks for four (4) full years, and 50% of the difference of the three additional weeks for five (5) full years). I. Upon the request of a bargaining unit employee, the Company, in its sole discretion, shall give consideration to requests to adjust the structure of severance payments. Such adjustment of severance shall not result in any increase of severance payments, COBRA costs or any other payments due under this Agreement or under Company policy. This provision shall not be subject to the arbitration provisions of this Agreement

Layoffs and Severance. A. Any bargaining unit a) If, as a result of lay-off due to shortage of work, it becomes necessary to reduce the number of regular employees, seniority and job qualifications will be considered. b) Where there is a requirement to increase the number of regular employees within a year after a lay-off, employees will be hired in the reverse order of lay-off provided that they have the necessary qualifications to perform the work available. Seniority, which employees had at the time of lay-off, will be regained and adjusted on the date of re-employment, providing the employee who is re-employed within one (1) year. c) Employees on lay-off must supply the company with a current address and phone number and the Company will make a reasonable effort to contact the employee by phone and registered mail. In the event the employee cannot be so contacted, declines the offer of employment or fails to notify the Company of his intention to return to work within three days of his receipt of the registered letter, he shall forfeit his seniority and right to recall. d) Where an employee is laid off (“Laid Off Unit Employee”) and eligible for economic or other reasonsseverance pay, shall, subject to execution of a standard Company separation agreement, the employee will receive gross severance pay based on years the greater of: i) [Four weeks pay multiplied by 1.15]; or ii) [Two weeks pay plus two weeks pay for each year of continuous service multiplied by 1.15], provided in either case the employee has at least one year of continuous service with the company. Severance pay for a partial year of service (chart below). will be calculated on a prorated basis The Company will not require a post- employment separation agreement that impinges on take into consideration all applicable legislation and regulations in an effort to provide the employee with the greatest flexibility in the payment of severance pay. e) For the purpose of this Article, one week’s pay is defined as the employee’s rights under Section 7 basic hourly wage rate at the time of the NLRAtermination times 40 hours. B. Any bargaining unit f) An employee who is discharged terminated and accepting severance payment under section (D) of Article 15 (Discipline and Discharge) shall, subject the above terms remains eligible to execution of a standard Company separation agreement, receive gross severance based on years of service (chart below). Years of Service (A) Weeks of severance (B) Weeks of severance Less than 1 yr 11 7 1 full yr 12 8 2 full yrs 12 8 3 full yrs 13 9 4 full yrs 16 12 5 full yrs 19 15 6 full yrs 22 18 7 full yrs 24 20 8+ full yrs 26 22 C. All severance payments shall be paid considered for re-employment as a lump paymentnew employee. D. Any bargaining unit employee who receives severance pursuant g) The parties have agreed to paragraphs (A) and (B)provisions with respect to job security, and who was receiving medical, dental and vision benefits through the Company shall receive, by separate lump sum payment, the monetary equivalent of the Employer’s share of the monthly premium, plus the full administrative surcharge, for the portion of the severance period for which they are no longer receiving Company benefits. While terminated bargaining unit employees are responsible for paying the full monthly amount to the carrier, the lump sum payment shall be adjusted for taxes so that the terminated employee’s monthly out of pocket financial share of health insurance premium is the same as their out-of-pocket financial share of premiums during employment. E. Terminated bargaining unit employees may link to published Work Product. F. In the event of a layoff of multiple bargaining unit employees, where the Company pays out accrued but unused Paid Time Off to any bargaining unit employee, it shall pay out accrued but unused Paid Time Off to all other bargaining unit employees appear as part of the same action. The decision to pay out any accrued but unused Paid Time Off shall remain at the sole discretion of the Company or as required by state law. G. Bargaining unit employees who are laid off during their approved parental leave shall receive the same parental leave considerations, in addition to contractual severance. as all other employees of the Company impacted by the same layoff action on the same terms and conditions as other employees of the Company. The decision to offer any parental leave considerations shall be at the sole discretion of the Company H. Bargaining unit employees who are less than six (6) months from the next severance tier shall receive 50% of the difference between the severance for their full years of service and the next severance tier. For example, an employee who has four (4) years, eight (8) months severance would receive 17.5 weeks severance (sixteen (16) weeks for four (4) full years, and 50% of the difference of the three additional weeks for five (5) full years). I. Upon the request of a bargaining unit employee, the Company, in its sole discretion, shall give consideration to requests to adjust the structure of severance payments. Such adjustment of severance shall not result in any increase of severance payments, COBRA costs or any other payments due under this Agreement or under Company policy. This provision shall not be subject to the arbitration provisions of this Agreementin Exhibit “C”.

Layoffs and Severance. A. The Employer shall provide two (2) weeks notice of layoffs, or in the alternative, provide two (2) weeks notice pay. Any bargaining unit employee who is laid off for economic or other reasons (“Laid Off Unit Employee”) for economic or other reasons, shall, subject to upon execution of a standard Company separation Organization severance and release agreement, receive gross severance based on years equal to two (2) week’s salary per full year of service service, with a minimum of ten (chart below). The Company will not require 10) weeks severance and a post- employment separation agreement that impinges on the employee’s rights under Section 7 maximum of the NLRAtwenty-two (22) weeks. B. Any bargaining unit employee who is discharged under section (D) of Article 15 (Discipline and Discharge) shall, subject to execution of a standard Company separation agreement, receive gross severance based on years of service (chart below). Years of Service (A) Weeks of severance (B) Weeks of severance Less than 1 yr 11 7 1 full yr 12 8 2 full yrs 12 8 3 full yrs 13 9 4 full yrs 16 12 5 full yrs 19 15 6 full yrs 22 18 7 full yrs 24 20 8+ full yrs 26 22 C. All severance payments shall be paid as a lump payment. D. Any For any bargaining unit employee who receives severance pursuant to paragraphs (A) and (BE), and who was receiving medical, dental and vision benefits through the Company Organization, and enrolls in COBRA, the Organization shall receivepay to the COBRA administrator the same Employer share of premiums as was being paid while the individual was an employee, for the portion of the severance period for which they are no longer receiving Organization benefits. If the Organization can’t make such a direct payment to the COBRA administrator, then the Organization shall, by separate lump sum payment, pay to the employee the monetary equivalent of the EmployerOrganization’s share of the monthly COBRA premium, plus the full administrative surcharge, for the portion of the severance period for which they are no longer receiving Company Organization benefits. While In such circumstances, while terminated bargaining unit employees are responsible for paying the full monthly COBRA amount to the carrier, the lump sum COBRA payment shall be adjusted for taxes so that the terminated employee’s monthly out of pocket financial share of health insurance premium is the same as their out-of-pocket financial share of premiums during employment. C. Employees shall receive severance pay in equal installments according to the regular bimonthly payroll schedule. An employee who is laid off and is rehired within six (6) months shall not suffer a break in continuity and shall have their prior years of service counted. D. An employee who leaves for other employment before their termination date, but after receiving notice of termination, shall nevertheless receive full severance pay. E. Terminated In the event an involuntary separation pursuant to the Article 15 entitled Discipline, Section 5, a bargaining unit employees may link to published Work Productemployee shall, upon execution of a standard Company separation and release agreement, receive two (2) weeks severance for each full year of service, with a minimum of six (6) weeks severance, and a maximum of fourteen (14) weeks severance, and COBRA payments in accordance with Section B of this Article 16. F. In the event an employee brings a harassment complaint, any resulting settlement agreement and/or separation agreement and/or release between the Employer and employee will not contain a non-disclosure agreement that would prevent the disclosure of the underlying facts and circumstances surrounding the complaint unless a layoff of multiple bargaining unit employees, where non-disclosure agreement is the Company pays out accrued but unused Paid Time Off complainant’s preference and is agreed to any bargaining unit employee, it shall pay out accrued but unused Paid Time Off to all other by the Union and the Employer. Any non- disparagement terms contained in separation agreements for bargaining unit employees as part shall not include any infringements on employees’ rights protected under the National Labor Relations Act. The Company may nevertheless condition any settlement, agreement, or other resolution of complaint on prohibitions on (i) the disclosure of the same action. The decision to pay out any accrued but unused Paid Time Off shall remain at the sole discretion terms of the Company or as required by state law. G. Bargaining unit employees who are laid off during their approved parental leave shall receive settlement, including any financial provisions; and (ii) the same parental leave considerationsdisclosure of trade secrets, in addition to contractual severance. as all other employees of the Company impacted by the same layoff action on the same terms and conditions as other employees of the Company. The decision to offer any parental leave considerations shall be at the sole discretion of the Company H. Bargaining unit employees who are less than six (6) months from the next severance tier shall receive 50% of the difference between the severance for their full years of service and the next severance tier. For exampleconfidential information, an employee who has four (4) years, eight (8) months severance would receive 17.5 weeks severance (sixteen (16) weeks for four (4) full years, and 50% of the difference of the three additional weeks for five (5) full years). I. Upon the request of a bargaining unit employee, the Company, in its sole discretion, shall give consideration to requests to adjust the structure of severance payments. Such adjustment of severance shall not result in any increase of severance payments, COBRA costs or any other payments due under this Agreement or under Company policy. This provision shall items agreed upon by the parties that do not be subject to conflict with the arbitration provisions requirements of this Agreementprovision.

Layoffs and Severance. A. a. The Employer shall notify the Guild and affected Employees at least four (4) weeks prior to any layoffs under this Article, and will identify the Employee(s) to be laid off. During the notice period, the Employer will meet and confer with the Guild about the layoffs and possible alternatives to the layoffs. b. Where notice to the Guild and affected Employees is not possible, the Employer will provide the affected Employees with pay with a maximum of four (4) weeks’ pay in lieu of notice. c. Any bargaining unit employee Employee who is laid off (“Laid Off Unit Employee”) for economic or other reasonsreasons (and is not discharged for cause), shall, subject to execution of a standard Company separation agreement, shall receive gross severance based on years equal to two (2) weeks’ salary plus two (2) weeks’ salary per full year of service or fraction thereof, or eight (chart below). The Company will not require a post- employment separation agreement that impinges on the employee’s rights under Section 7 of the NLRA8) weeks’ salary, whichever is higher. B. Any bargaining unit employee who d. If an Employee is discharged under section offered the opportunity to resign (D) of Article 15 (Discipline and Discharge) shalla/k/a a “buyout”), subject to execution of a standard Company separation agreement, they will receive gross severance based on years of service (chart below). Years of Service (A) Weeks at least that same package of severance pay and extended benefits for the duration of pay. They will be afforded at least two (B2) Weeks of severance Less than 1 yr 11 7 1 full yr 12 8 2 full yrs 12 8 3 full yrs 13 9 4 full yrs 16 12 5 full yrs 19 15 6 full yrs 22 18 7 full yrs 24 20 8+ full yrs 26 22 C. All severance payments shall be paid as a lump paymentweeks to consider the offer before being required to accept or reject it. D. Any bargaining unit employee who receives severance pursuant to paragraphs (A) and (B), and who was receiving medical, dental and vision benefits through the Company shall receive, by separate lump sum payment, the monetary equivalent of the Employer’s share of the monthly premium, plus the full administrative surcharge, for the portion of the severance period for which they are no longer receiving Company benefits. While terminated bargaining unit employees are responsible for paying the full monthly amount to the carrier, the lump sum payment shall be adjusted for taxes so that the terminated employee’s monthly out of pocket financial share of health insurance premium is the same as their out-of-pocket financial share of premiums during employment. E. Terminated bargaining unit employees may link to published Work Product. F. e. In the event of a reduction in force, reverse seniority shall govern among Employees with the same job function, with seniority calculated as per Article 33 Years of Service / Seniority. Should the Employer intend to layoff Employees who are outside the order established by reverse seniority, the Employer shall meet with the Union to discuss the criteria used to establish such layoffs. The Union shall retain the right to insist that seniority applies. Employees laid off outside of multiple bargaining reverse seniority order shall be entitled to an additional two (2) weeks of severance. f. Employees shall have the option to receive severance pay in a lump sum or in subsequent paychecks. g. The Employer shall continue to provide the Employee’s health benefits through the layoff severance period. h. Bargaining unit employeesEmployees who have been laid off shall receive notification at their last-known email address and have the right of first refusal in the event that their position with the Employer, where or a substantively identical position, is re-established by the Company pays out accrued but unused Paid Time Off to any bargaining unit employeeEmployer within one (1) year of their layoff. In such instances, it Bargaining Unit Employees shall pay out accrued but unused Paid Time Off to all other bargaining unit employees as part have ten (10) business days from the date of the same actionwritten offer from the Employer to accept a re-established position. The decision An Employee recalled shall be paid at no less than the current rate of pay for the job position to pay out any accrued but unused Paid Time Off shall remain at the sole discretion of the Company or as required by state lawwhich they are recalled. G. Bargaining unit employees i. An Employee who are is laid off during and is rehired within two years shall not suffer a break in continuity and shall have their approved parental leave shall receive the same parental leave considerations, in addition to contractual severance. as all other employees of the Company impacted by the same layoff action on the same terms and conditions as other employees of the Company. The decision to offer any parental leave considerations shall be at the sole discretion of the Company H. Bargaining unit employees who are less than six (6) months from the next severance tier shall receive 50% of the difference between the severance for their full prior years of service and the next severance tier. For example, an employee who has four (4) years, eight (8) months severance would receive 17.5 weeks severance (sixteen (16) weeks for four (4) full years, and 50% of the difference of the three additional weeks for five (5) full years)counted. I. Upon j. Laid-off Employees, upon request, shall be provided with letters making clear that their layoff was due to financial and not performance issues. k. An Employee who leaves for other employment before the proposed termination date, but after receiving notice of termination, shall nevertheless receive full severance pay. l. The Employer will make best efforts to fulfill the request of a bargaining unit employee, the Company, in its sole discretion, shall give consideration Bargaining Unit Employee to requests convert a portion of their severance due under this Agreement to adjust the structure paid non-working notice. Any such conversion of severance payments. Such adjustment of severance into paid non-working notice shall not result in any increase of severance payments, COBRA costs or any other payments due under this Agreement Agreement. m. In all circumstances wherein a Bargaining Unit Employee is terminated, laid off, or leaving the Employer voluntarily, the Employer shall pay out all unused vacation days provided under Company policy. This provision shall not be subject to the arbitration provisions of this AgreementArticle 34 Vacation Days.