REDUCTION IN WORK FORCE 13:01 When circumstances require a reduction in the number of employees within a classification, the following procedure shall apply:
(i) An employee with the most seniority of those affected by the reduction in the classification shall displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work required.
(ii) If the reduction results in the classification changing from Continuous Shift to a non-Continuous Shift, then senior employees being retained in the classification may, in order of seniority, be allowed to exercise any "bump" that the junior employee(s) could have exercised under 13:01 (a) (i) or 13:01 (d), provided the senior employee is capable of continuing to perform the work required.
(b) An employee so displaced shall in turn displace the most junior employee in another classification within the same Seniority List, provided his seniority so allows and he can continue to perform the work required.
(c) Notwithstanding (a) and (b) above, an employee displaced from a day job ("E" shift) through the provisions of this Article, shall have the following options: To displace the most junior employee on any Seniority List on a day job ("E" shift) not requiring training (*) provided his seniority so allows. OR To displace the most junior employee in any classification on any Seniority List (Maintenance skilled classifications excepted), provided his seniority so allows and he can continue to perform the work required.
(d) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options within his own Seniority List as detailed in (a) and (b) of this section, shall be entitled to displace the most junior employee in any classification on any Seniority List (Maintenance skilled classifications excepted), provided his seniority so allows and he can continue to perform the work required. If more than one shift schedule is in effect in the classification, said employee may select his schedule provided his seniority so allows.
(i) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options as detailed in (a), (b), (c), and (d) of this section shall be entitled to displace the most junior employee in any of the Seniority Lists (Maintenance skilled classifications excepted) provided his seniority so allows and he has the physical fitness to perform the work required and shall be trained to perform such work.
(ii) An employee displaced from a Departmental Seniority List, having previously exhausted all possible options as detailed in (a), (b), (c), (d), and (e)(i), who cannot perform the work required due to physical restrictions as confirmed by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB will be allowed to displace the most junior employee of all those classifications on a comparable shift, provided his seniority so allows, and he can perform the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training will be provided. If placement on a comparable shift is not applicable, then the restricted employee will be allowed to displace the most junior employee in the plant, seniority allowing in a classification in which he can perform the work required as medically cleared by his Doctor, verified by the Company Doctor and where applicable verified by the WSIB. Training will be provided.
(iii) If the restricted employee cannot be placed through the application of this section, then he shall be placed on the Inactive Seniority List (provided he is not receiving wages from other employment or refuses rehabilitative training as offered by the (Workplace Safety & Insurance Board) and the Company shall advise him of any future openings which he could perform.
(iv) An employee who cannot be assigned to another job through the application of 13.01(e) and who is ineligible for the Inactive Seniority List, may be placed on layoff.
(f) An employee entering another Department through the provisions of this Article, shall have his seniority transferred as of the date of the transfer.
(g) An employee displaced from his Department through the application of this Article, shall not transfer to another Department under the provisions of Article XII- Transfers and Promotions while a more senior non-restricted employee is on lay-off.
13:02 In the event a reduction of work results in a layoff, probationary employees shall be the first to be laid off.
13:03 Employees laid off shall for the purpose of recall, be provided with a form by the Human Resources Department on which they shall indicate the jobs they can reasonably perform. Employees who have indicated the jobs they can reasonably perform, on a form provided by the Human Resources Department, shall under certain circumstances be allowed to place themselves on lay-off.
13:04 In the event of lay-off for reasons other than those listed in Article XIX of the Agreement section 19:01 (a), (b), (c), and (d), the Company shall give at least seven (7) calendar days notice to the employees affected.
13:05 Whenever two (2) job classifications are combined into a single new classification, any employee who has been classified in either job during the previous five (5) years shall be allowed to displace a more junior employee in the new classification if he is affected by a reduction in the work force.
13:06 On occasions that scheduled maintenance of electrical equipment necessitates a power outage, employees affected shall be laid off for a period not in excess of one-half of their regular shift and shall not be eligible to displace other employees under the provisions of this Article.
13:07 In the event of a total plant closure, the Company agrees to pay a severance payment for all employees (except those on the Inactive Seniority List) at the rate of one (1) weeks regular pay per year of service to a maximum of twenty-six (26) weeks of pay. Employees with more than twenty-six (26) years of service shall receive an additional one-half (1/2) weeks pay for each year of service beyond twenty-six (26) (partial years of service will be included in the calculation of total severance pay). The Company will provide three (3) months notice to Union in the event of total plant closure.
Commitment Reduction The Borrower shall have the right, upon at least two Business Days’ notice to the Administrative Agent, to terminate in whole or, upon same day notice, from time to time to permanently reduce ratably in part the unused portion of the Commitments; provided that each partial reduction shall be in the aggregate amount of $5,000,000 or in an integral multiple of $1,000,000 in excess thereof; provided, further, that the Commitments may not be reduced to an amount that is less than the aggregate Stated Amount of outstanding Letters of Credit. Subject to the foregoing, any reduction of the Commitments to an amount below $100,000,000 shall also result in a reduction of the L/C Commitment Amount to the extent of such deficit (with automatic reductions in the amount of each L/C Fronting Bank Commitment ratably in proportion to the amount of such reduction of the L/C Commitment Amount). Each such notice of termination or reduction shall be irrevocable. Without limiting subsection (b) below, any Commitment reduced or terminated pursuant to this subsection (a) may not be reinstated.