Common use of Right of Recall Clause in Contracts

Right of Recall. A list of laid off employees shall be maintained, by seniority date and job classification in which the employee was assigned at the time of layoff. A laid-off employee shall have a conditional right of recall to a vacancy in the job classification from which the employee was laid off for the 12 month period following the effective date of his or her layoff. Laid-off employees are responsible for keeping the Company apprised of their current home addresses (no P.O. boxes) and telephone numbers. 27.3.1 In the event an opening arises in a job classification in which an employee has the right of recall, before the Company fills the position with a new hire or a promotion, the Company will offer the position in seniority order to the laid-off employee if, in the judgment of the Company, he or she is then fully qualified without additional training to perform all of the duties of the open position. The offer will be sent by overnight delivery to the employee’s most recent address of record. The employee must accept the offer in writing within 10 calendar days of delivery, and report for work as soon thereafter as instructed to. If an employee fails to respond to the offer without good cause, or declines the offer, his or her right of recall shall be forfeited. 27.3.2 A recalled employee who accepts a recall offer and is reemployed will receive seniority credit for the period of the layoff. A recalled employee will receive the same basic rate of pay that he or she was receiving at the time of his or her lay-off. As a condition to reemployment, the employee must tender back the prorated portion of any termination pay he or she received that is derived by dividing the number of weeks remaining in the recall period at the time the employee is to be reemployed by 52, and by then multiplying that fraction times the termination pay received to determine the amount of money that must be tendered back. 27.3.3 In the event the Company acquires employees from another company or companies in connection with either the purchase of the physical properties of such other company (ies) or of the consolidation or merger of such other company (ies) with the Company, the placement of such employees on the Company’s payroll shall take precedence over any rights of recall.