Common use of Reduction of Forces Clause in Contracts

Reduction of Forces. 4.1 When Regular Employees covered by this Agreement are laid off because of lack of work, or in the event the Company changes its methods of operation; and, if in the judgment of the Company, the Employees are equal with respect to the skills and abilities required for the work to be performed, Company seniority shall govern the order of layoff. 4.2 No regular Employee shall be laid off until all probationary and temporary Employees in the classification at the location affected have been laid off. 4.3 Where the Company has determined the need to eliminate a position(s) in the system, the General Manager shall determine the position(s) to be eliminated R by Classification and location and, subject to Section 4.1, the most senior Employee subject to be surplused in the classification at the location shall then have their choice of the following options: (a) If there is a vacant position in that Classification in the Bargaining Unit at another location, the Employee may accept that position if the Employee desires to remain in their Classification in the Bargaining Unit. (b) If there is no vacancy within the Classification in the Bargaining Unit, the Employee may bump the least senior Employee in the Classification within the Bargaining Unit pursuant to Section 3.1. It is understood during occasions when more than one employee is being surplused from the same location, the most senior N employee being surplused shall have the option of selecting to bump the least senior employee from only two separate locations in order to diminish the impact of being surplused could have on possible relocation. (c) If the Employee wants to stay at their existing location, the Employee may bump the least senior Employee in a higher, equal or lower- rated Classification in the Bargaining Unit for which the Company determines, at its sole discretion, that the Employee has the ability and qualifications to perform the job. 4.4 Regular Employees on layoff may apply for jobs for which they are competent and qualified, pursuant to Section 5.0 hereinafter set forth, and may accept temporary work in lower classifications at the applicable wage scale thereto. 4.5 The Company will give employees who have acquired seniority status, four (4) weeks’ notice of layoff. The Company further agrees to give simultaneous notice to the Union and employees as to the number of employees, classifications, and locations affected. In lieu of working through the four (4) weeks, the Company has the option to pay the employee through the severance date.

Reduction of Forces. 4.1 When Regular Employees covered by A. If, due to a reduction in working forces or a reduction of hours worked in any department, an employee is to be demoted, seniority shall, subject to the exceptions in Article XII, determine which employee shall be demoted. Whether this Agreement are shall be company or departmental seniority shall be in accordance with agreements between the local plant Management and the local Union, and after a period of ninety B. In the case of reduction of forces in any department, the employees laid off because of lack of work, or in the event the Company changes its methods of operation; andwho have maintained their company seniority shall, if qualified and willing, be given preference in employment if available in other departments within the judgment bargaining unit before new employees shall be hired in such other departments. C. An employee with one year or more of company seniority who is scheduled to be laid off, shall, upon request, be transferred to such other department of the Works as may be decided upon by the Company, provided that in the Employees are equal with respect department to which he is to be transferred: 1. There is work available which the employee is able to perform in a vacancy in one of the classifications listed in the attached Appendix II pertaining to the skills respective plant location provided there is no employee with greater company seniority then laid off from the Works, or 2. His company seniority is greater than that of an employee working in one of the above-listed classifications, and abilities required for he is able to do the job, in which case he will replace the employee with the least company seniority in such classifications. An employee so transferred shall earn departmental seniority as of the date he starts work to be performed, Company seniority shall govern in the order of layoffnew department. 4.2 No regular Employee shall D. Whenever a reduction of forces or a reduction in hours is necessary, the Company will post the names of the employees to be laid off until all probationary at least three (3) days, excluding Sundays and temporary Employees holidays, prior to such reduction unless cancellation of orders, changes in customers' requirements, breakdown, accidents, or other emergency makes such notice impossible, in which case the Union will immediately be notified. A copy of the posted list of employees to be laid off will be given to the local Union at the time of the posting. Any questions or grievance arising from such reduction of forces or hours shall, if possible, be presented within the three E. An employee who has been laid off from his own department and transferred to a department other than his own in the course of a reduction in forces may select that other department as his own providing that the employee has been in that department for at least 30 consecutive days immediately prior to and inclusive of making such selection. The selection must be made in writing while the employee is classified in a job classification at the location affected have been laid offin that department. 4.3 F. Where because of a change in process, downsizing or the Company has determined the need permanent elimination of an entire operating unit or department or substantial portion thereof, an employee is to eliminate a position(s) in the systembe displaced, the General Manager shall determine the position(s) local Union and local Plant Management may agree upon such application or modification of this Article IX, (Reduction of Forces), as may be deemed suitable to be eliminated R by Classification and location and, subject to Section 4.1, the most senior Employee subject to be surplused in the classification at the location shall then have their choice of the following options: (a) If there is a vacant position in that Classification in the Bargaining Unit at another location, the Employee may accept that position if the Employee desires to remain in their Classification in the Bargaining Unitparticular situation. (b) If there G. 1. An employee laid off in any reduction of forces who has maintained his company seniority and for whom no suitable work is no vacancy available within the Classification in the Bargaining Unit, the Employee may bump the least senior Employee in the Classification bargaining unit within the Bargaining Unit pursuant to Section 3.1. It is understood during occasions when more than one employee is being surplused from the same location, the most senior N employee being surplused shall have the option of selecting to bump the least senior employee from only two separate locations in order to diminish the impact of being surplused could have on possible relocation. (c) If the Employee wants to stay at their existing location, the Employee may bump the least senior Employee in a higher, equal or lower- rated Classification in the Bargaining Unit for which the Company determines, at its sole discretion, that the Employee has the ability and qualifications to perform the job. 4.4 Regular Employees on layoff may apply for jobs for which they are competent and qualified, pursuant to Section 5.0 hereinafter set forth, and may accept temporary work in lower classifications at the applicable wage scale thereto. 4.5 The Company will give employees who have acquired seniority status, four (4) weeks’ notice of layoff. The Company further agrees to give simultaneous notice to the Union and employees as to the number of employees, classifications, and locations affected. In lieu of working through the four (4) weeks, the Company has the option to pay the employee through the severance date.a

Reduction of Forces. 4.1 When Regular Employees covered by this Agreement are laid off because A. In the case of lack a layoff of work, or in the event the Company changes its methods of operation; and, if in the judgment of the Companyemployees from a classification, the Employees are equal with respect to the skills and abilities required for the work to be performed, Company seniority shall govern the order of layoff. 4.2 No regular Employee employees lowest rated in such classification shall be laid off until all probationary first in accordance with the PECP rating system. B. Employees notified of a layoff may elect to bump to lower classifications, provided they can satisfactorily verify to the Company that they have previously successfully performed the work of such lower classification, and temporary pursuant to and in accordance with the PECP rating system. C. Employees wishing to bump must, at the time of notification of layoff, notify their supervisor in writing of their intention to bump on the appropriate form, which shall be provided. D. Employees bumped as provided for above in subparagraph B shall be allowed to exercise bumping rights in the classification at the location affected have been laid offsame manner, and so on. 4.3 Where the Company has determined the need to eliminate a position(s) in the system, the General Manager shall determine the position(s) to E. Non-bumped employees will be eliminated R by Classification and location and, subject to Section 4.1, the most senior Employee subject to be surplused in the classification notified at the location shall then have their choice of the following options: (a) If there is a vacant position in that Classification in the Bargaining Unit at another location, the Employee may accept that position if the Employee desires to remain in their Classification in the Bargaining Unit. (b) If there is no vacancy within the Classification in the Bargaining Unit, the Employee may bump the least senior Employee in the Classification within the Bargaining Unit pursuant to Section 3.1. It is understood during occasions when more than one employee is being surplused from the same location, the most senior N employee being surplused shall have the option of selecting to bump the least senior employee from only two separate locations in order to diminish the impact of being surplused could have on possible relocation. (c) If the Employee wants to stay at their existing location, the Employee may bump the least senior Employee in a higher, equal or lower- rated Classification in the Bargaining Unit for which the Company determines, at its sole discretion, that the Employee has the ability and qualifications to perform the job. 4.4 Regular Employees on layoff may apply for jobs for which they are competent and qualified, pursuant to Section 5.0 hereinafter set forth, and may accept temporary work in lower classifications at the applicable wage scale thereto. 4.5 The Company will give employees who have acquired seniority status, four (4) weeks’ notice of hours prior to layoff. The Company further agrees to give simultaneous notice to the Union and employees as to the number of employees, classifications, and locations affected. In lieu of working through the or receive four (4) weekshour pay in lieu of notice. An employee absent because of illness, industrial injury or vacation on the day he or she would otherwise be notified of layoff shall be paid for the time necessary (not to exceed two (2) hours) on the first day he or she reports to the yard for the purpose of complying with termination/layoff procedures. A list of the employees to be laid off will be given to the Union at approximately the same time the affected employees are notified of their layoff. F. If at the time of layoff it appears that the layoff period will be less than thirty (30) calendar days duration, a formal layoff notice will not be filed and vacation pay will not be prorated and paid. If the layoff then extends more than thirty (30) days, the employee may request and receive prorated vacation pay. G. The foregoing provisions of this Section 2 shall not be applicable to temporary layoffs not exceeding seven (7) calendar days which are occasioned by emergency situations beyond the reasonable control of the Company. H. The foregoing provisions of this Section 2 shall not be applicable to temporary layoffs of not more than five (5) work days resulting from ship movements within the shipyard, ship movements to or from work locations outside of the shipyard, dockings or undockings, and launchings. In the case of sea trials, such layoffs may equal the duration of the sea trial. I. The foregoing provisions of this Section 2 shall not be applicable for slack periods that do not exceed three consecutive workdays (excluding Saturday and Sunday). In cases of such slack periods, the Company has will seek volunteers and if there is an insufficient number of volunteers the option Company can lay off without regards to pay the PECP for a period not to exceed five (5) consecutive workdays (excluding Saturday and Sunday). The Company will endeavor insofar as practicable to avoid laying off the same employees. J. Employees who have been laid off pursuant to this Section 2 and who wish to be recalled for available short-term work shall have the opportunity to sign a list indicating their interest. When practicable the Company shall notify employees on the list of the availability of short-term work. An employee through who does not take the severance dateoffer of short term work will be dropped from the list, but the refusal shall not impact the employee’s rights under Section 3 of this Article.

Reduction of Forces. 4.1 When Regular Employees covered by this Agreement are laid off because of lack of work, or in the event the Company changes its methods of operation; and, if in the judgment of the Company, the Employees are equal with respect to the skills and abilities required for the work to be performed, Company seniority shall govern the order of layoff. 4.2 No regular Employee shall be laid off until all probationary and temporary Employees in the classification title at the location affected have been laid off. 4.3 Where the Company has determined the need to eliminate a position(s) in the system, the General Manager shall determine the position(s) to be eliminated R by Classification title and location and, subject to Section 4.1, the most senior Employee subject to be surplused in the classification title at the location shall then have their choice of the following options: (a) If there is a vacant position in that Classification title and department in the Bargaining Unit at another location, the Employee may accept that position if the Employee desires to remain in their Classification title in the Bargaining Unit. (b) If there is no vacancy within the Classification title and department in the Bargaining Unit, the Employee may bump the least senior Employee in the Classification title and department within the Bargaining Unit pursuant to Section Section 3.1. It is understood during occasions when more than one employee is being surplused from the same location, the most senior N employee being surplused shall have the option of selecting to bump the least senior employee from only two separate locations in order to diminish the impact of being surplused could have on possible relocation. (c) If the Employee wants to stay at their existing location, the Employee may bump the least senior Employee in a higher, equal or lower- lower-rated Classification title in the Bargaining Unit for which the Company determines, at its sole discretion, bargaining unit. It is understood and agreed that the Employee has bumping employee must have previously held the job title within the last five years or have the skill and ability and qualifications to perform the jobnew job with a minimum of on-the-job refresher training and familiarization (defined as 40 hours or less) as determined by the Company. If formal classroom training is required to perform the work, the employee will not be eligible to bump. It is also understood that the employee will not be permitted to bump outside their current department. 4.4 Regular Employees on layoff may apply for jobs for which they are competent and qualified, pursuant to Section 5.0 hereinafter set forth, and may accept temporary work in lower classifications titles at the applicable wage scale thereto. 4.5 The Company will give employees who have acquired seniority status, four (4) weeks’ notice of layoff. The Company further agrees to give simultaneous notice to the Union and employees as to the number of employees, classificationstitles, and locations affected. In lieu of working through the four (4) weeks, the Company has the option to pay the employee through the severance date.