SENIORITY AND LAYOFFS. 12.01 Provided that the employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be the first rehired, if covered under this Agreement. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreement. 12.02 In promotion, preference shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency. 12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted. 12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation. 12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain on the seniority list so long as there is another employee with less seniority, that the Employer can recall in his place. 12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their intention to terminate employment. 12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and Employer. 12.08 Seniority rights shall cease for any employee who: a. is discharged and such discharge is not reversed through the Grievance Procedure; b. fails to report to work as scheduled for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have voluntarily quit; c. is laid off for a continuous period of more than twelve (12) consecutive months.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-non Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be the first rehired, if covered under this Agreement. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Employer‟s Branch locations covered by this Agreement.
12.02 In promotion, preference shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ employees date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the The Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than then five (5) days providing that the employee has advised the Employer Company one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain on the seniority list so long as there is another employee with less seniority, that the Employer can recall in his place.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their intention to terminate employment.in
12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and Employer.
12.08 Seniority rights shall cease for any employee who:
a. is discharged and such discharge is not reversed through the Grievance Procedure;
b. fails to report to work as scheduled for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have voluntarily quit;
c. is laid off for a continuous period of more than twelve (12) consecutive months.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the New employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be the first rehired, if covered under this Agreement. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreement.
12.02 In promotion, preference shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain placed on the seniority list so long as there is another employee with less seniority, that at the Employer can recall in his place.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks end of their intention probationary period and their respective seniority shall be dated back to terminate the date of beginning employment.
12.07 The Employer agrees 12.02 Seniority lists, the accuracy of which has been agreed to notify on behalf of the Union of any intended reduction in operating hours writing, shall be maintained at all times by the Employer and shall be available to discuss with the Union the method of applying any proposed reduction in operating hours for inspection to the best advantage extent reasonably necessary for the Union to ascertain the seniority status of both an employee and Employerwithin its jurisdiction.
12.08 12.03 Seniority rights shall cease and employment shall be deemed terminated for any employee who:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is not reversed through the Grievance Proceduregrievance procedure;
b. c. fails to report to work as scheduled for more than two (2) consecutive days without giving on the first day following the expiration of a leave of absence, unless he has a justifiable reason and shall be deemed to have voluntarily quitreason;
c. d. is laid off for a continuous period of more than twelve eight (128) months.
e. or fails to report for work without notice, for three (3) consecutive monthsdays, unless he provides a reasonable explanation.
12.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff and in doing so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. family circumstances of the employees;
c. demonstrated ability of the employees to perform the available work;
d. in the event there is a dispute, seniority shall prevail.
12.05 In the event of a layoff of at least twenty (20) working days, or the removal of a particular classification, the employee(s) directly affected by the layoff may apply prior to the actual layoff for another job classification providing the employee(s) has more seniority and the qualifications, skill and ability to perform the work in that classification.
12.06 The Employer shall give one (1) week's notice of layoff when possible.
12.07 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation.
12.08 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure hereinafter set forth within five (5) work days after the layoff took place.
12.09 Any employee laid off and recalled for work must return within one (1) work day when unemployed and within seven
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the 11.01 New employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be the first rehired, if covered under this Agreement. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreement.
12.02 In promotion, preference shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain placed on the seniority list so long as there is another employee with less seniority, that at the Employer can recall in his place.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks end of their intention probationary period and their respective seniority shall be dated back to terminate the date of beginning employment.
12.07 The Employer agrees 11.02 Seniority lists, the accuracy of which has been agreed to notify on behalf of the Union of any intended reduction in operating hours writing, shall be maintained at all times by the Employer and shall be available to discuss with the Union the method of applying any proposed reduction in operating hours for inspection to the best advantage extent reasonably necessary for the Union to ascertain the seniority status of both an employee and Employerwithin its jurisdiction.
12.08 11.03 Seniority rights shall cease for any employee who:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is not reversed through the Grievance Proceduregrievance procedure;
b. c. fails to report to work as scheduled on the first day following the expiration of a leave of absence, unless he provides reasonable justification for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have voluntarily quitsuch absence;
c. d. is laid off for a continuous period of more than twelve six (126) consecutive months;
e. or fails to report for work without notice, for three (3) consecutive days, unless he provides reasonable justification for such absence.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer and the Union shall jointly determine the order of layoff and in doing so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the available work;
c. in the event there is a dispute, seniority shall prevail.
11.05 In the event of a layoff of at least twenty (20) working days, or the removal of a particular classification, the employee(s) directly affected by the layoff may apply prior to the actual layoff for another job classification providing the employee(s) has more seniority and the qualifications, skill and ability to perform the work in that classification.
11.06 The Employer shall give one (1) week's notice of layoff when possible.
11.07 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation.
11.08 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure hereinafter set forth within five (5) work days after the layoff took place.
11.09 Any employee laid off and recalled for work must return within four (4) work days when unemployed and within seven (7) workdays when employed elsewhere, after the Employer has sent such employee notice of recall by registered mail or courier delivery to his last known address on record, or make definite arrangements with the Employer to return. It is the responsibility of the employee to advise the Employer of his last address.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be the first rehired, if covered under this Agreement. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreement.
12.02 In promotion, preference shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence competence, and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his their vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has they have received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain on the seniority list so long as there is another employee with less seniority, that the Employer can recall in his their place.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their intention to terminate employment.
12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and Employer.
12.08 Seniority rights shall cease for any employee who:
a. is discharged and such discharge is not reversed through the Grievance Procedure;
b. fails to report to work as scheduled for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have voluntarily quit;
c. is laid off for a continuous period of more than twelve (12) consecutive months.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the 13.01 Seniority of employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be considered as their length of employment from date of (re)hire and shall be recognized on a company-wide basis. New employees shall be placed on the first rehired, if covered under this Agreement. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreementseniority list upon the completion of a total of four (4) months of employment.
12.02 In promotion, preference 13.02 Seniority lists shall be given to those employees having maintained at all times by the longest service, provided always that the employees are of relatively equal skills, competence Employer and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will shall be provided to the Union upon request once annually in April and will not be postedas requested by the Union.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain on the seniority list so long as there is another employee with less seniority, that the Employer can recall in his place.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their intention to terminate employment.
12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and Employer.
12.08 13.03 Seniority rights shall cease for any and an employee whoshall be deemed to be terminated if he:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is be not reversed through the Grievance Procedure;
b. c. fails to report to work as scheduled for more than two (2) consecutive days without giving on the first day following the expiration of a leave of absence, unless he has a justifiable reason and shall be deemed to have voluntarily quitreason;
c. d. is laid off for a continuous period of more than twelve six (126) consecutive monthsmonths and has less than three (3) years of seniority;
e. seniority protection for those who have completed (3) years of service from date of hire will be one (1) year;
f. is absent from work for more than two (2) consecutive days, other than a result of sickness or disability, without providing a valid reason. Employees are required to call the Employer each day that they are sick. A Doctor’s note may be required to confirm sickness or disability which costs will be borne by the Employer.
13.04 When the Employer deems it necessary to reduce the work force he shall consult with the Union on the need for layoffs. Where a reduction in the work force is inevitable, probationary employees shall be laid off first. Thereafter, provided that the Employer shall retain a competent and efficient work force and provided that the employees affected have substantially equal skill, competence, efficiency, ability and qualifications, lay-offs shall be determined by seniority so that the last hired shall be the first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees affected have substantially equal skill, competence, efficiency, ability and qualifications, recalls shall be determined by seniority so that the last laid off shall be the first recalled.
13.05 The Employer agrees to notify the Union of any recall and layoffs which are out of seniority sequence.
13.06 The Employer shall give four (4) hours notice of the need for a layoff. In so far as possible layoffs shall take place on Fridays and recalls shall take place on Mondays for EI purposes. The company agrees to issue separation slips at an employee's first layoff date so that they can fulfil their waiting period as soon as possible. Separation slips will be made available at the office two (2) business days after the layoff, if requested by the employee. Otherwise they will be provided with the next pay.
13.07 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure.
13.08 Any employee laid off and recalled for work must return within two (2) workdays when unemployed and within seven
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the 11.01 Seniority of employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be the first rehiredrecognized within their respective Divisions, if covered under this Agreementtrade, and job classification. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreement.
12.02 In promotion, preference New employees shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain placed on the seniority list so long as there is another employee with less seniority, that upon the completion of their probationary period and their respective seniority shall be dated back to the date of their most recent hiring.
11.02 Seniority lists shall be maintained at all times by the Employer can recall in his placeand shall be updated every six (6) months. Updated seniority lists shall be forwarded to the Union's office after each update.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their intention to terminate employment.
12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and Employer.
12.08 11.03 Seniority rights shall cease for any employee who:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is not reversed through the Grievance Procedure;
b. fails to report to work as scheduled for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have voluntarily quitgrievance procedure;
c. is laid off for a continuous period of more than twelve six (126) consecutive months.
d. is absent without notice for three (3) consecutive days without providing a justifiable reason.
11.04 In case of layoffs, probationary employees within their respective Division, trade, and classification, shall be laid off first. If further layoffs are necessary, the Employer shall determine the order of layoff of employees within their respective Division, trade, and classification, and in doing so they shall be guided by the following considerations (in no particular order):
a. The efficiency level of the employee;
b. The productivity of the employee;
c. The skill and ability of the employee;
d. Length of service of the employee.
11.05 The Employer shall give one (1) day’s notice of layoff to the employees and will meet with a ▇▇▇▇▇▇▇, or a CLAC Local 52 Representative if he so requests, at least twenty-four (24) hours prior to the layoff in order to review the layoff. Employees with five (5) or more years of continuous service will be entitled to one
(1) week’s notice of layoff. The Employer shall provide laid off employees with a Record of Employment for EI purposes no later than five (5) days after the layoff. The Employer shall not be required to give one (1) day's notice of layoff when equipment failure, shortage of material or other reasons beyond the control of the Employer cause a stoppage of operations. An employee laid off for more than three (3) days may request a transfer to another jobsite provided that:
a. they were employed prior to January 1, 2001;
b. reasonable travel/living compensation is agreed upon between the parties;
c. they are qualified to do the available work on that jobsite;
d. their seniority is greater than that of the employees in the same classification on that jobsite.
11.06 An employee wishing to discontinue his employment shall give the Employer one (1) week's notice.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure.
11.08 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the 9.01 All new bargaining unit employees affected are hired to work .5 F.T.E. hours or more shall serve a probationary period of relatively equal skill6 months. All new bargaining unit employees hired to work less than .5 F.T.E. and Relief employees shall serve a probationary period of 220 hours. Upon completion of probation, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be seniority will start from the first laid off and date of hire.
9.02 Seniority is the last employee laid off ranking of employees in accordance with the length of employment as defined in Article 9.03.
9.03 Seniority for all employees who work .75 F.T.E. hours or more shall be the first rehired, if covered under this Agreement. The parties clarify and state their practice that layoffs and bumping does not occur between according to date of hire or among Employer’s Branch locations covered by this Agreement.
12.02 In promotion, preference shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ adjusted date of hire. A list showing Seniority for employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (who work less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all .75 F.T.E. hours and Relief employees employed under the terms of this Agreement shall accumulate on a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer prorated basis recognizing one (1) month year’s service for each 1950 hours worked in advance of their classification. In the event a Relief employee or an employee who works less than .75 F.T.E. hours assumes a Full-time position, their accrued seniority shall be converted to an adjusted date of his vacationhire on the basis of 1950 hours being equivalent to one year of service.
12.05 Layoff because of lack of work 9.04 Employees shall not constitute a break in continue to accumulate seniority nor in length of service with the Employer during any paid leave or job- protected leaves provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain on the seniority list so long as there is another employee with less seniority, that the Employer can recall in his place.
12.06 The Employer shall give notice of termination of employment as provided for in by the Employment Standards Act. An employee returning from any other leave of absence of more than 30 days but less than 24 months shall be credited with the amount of seniority she had when she left. Notwithstanding the above, seniority shall continue to accumulate:
a) During the entire period of absence due to pregnancy and/or parental/adoption leave;
b) During absence due to illness or disability including weekly indemnity and long- term disability;
c) While an employee is on a union leave;
d) While on temporary assignment/posting outside the bargaining unit, seniority shall not accrue but will be frozen for the period of time spent outside the bargaining unit up to a maximum of twelve (12) months as long as the employee continues to work for the Employer. An employee returning from temporary assignment/posting within twelve (12) months of having left the bargaining unit shall be credited with the amount of seniority she had when she left. Employees who work outside the bargaining unit for a period greater than twelve (12) months shall give a minimum notice of two (2) weeks of forfeit their intention to terminate employmentseniority within the bargaining unit.
12.07 9.05 Seniority lists will be maintained and posted. The Employer agrees list shall be updated in January and July every year. A copy of the updated list will be forwarded to notify the Union of any intended reduction in operating hours ▇▇▇▇▇▇▇ and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and EmployerBusiness Representative.
12.08 Seniority 9.06 An employee’s seniority rights shall cease for any to exist, and the employee whoshall be deemed to have terminated employment if an employee:
a. a) voluntarily quits the employ of the Employer;
b) is discharged and such discharge is not reversed through the Grievance Proceduregrievance procedure;
b. c) fails to report on the first day following the expiration of an authorised leave of absence, unless a reasonable explanation is provided to work as scheduled for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have voluntarily quitthe Employer;
c. d) is laid off for a continuous period of more than twelve twenty-four (1224) consecutive months;
e) fails to signify intention to return to work within three (3) days of the receipt of the notice of recall, which shall be in writing addressed to the last known address according to the records of the Employer, and fails to in fact return to work within a further ten (10) days. An employee who so fails shall forfeit her claim to re-employment;
f) has been absent without leave from work for more than three (3) working days and has not provided a bona fide documented reason for this absence unless the employee is unable to provide the written reason during this time;
g) utilises a leave of absence for a purpose other than that for which it was granted;
h) retires.
9.07 A layoff is defined as the reduction or elimination in regularly scheduled hours of one or more bargaining unit positions that are occupied by bargaining unit employees at the time of elimination.
9.08 In the event of a proposed permanent layoff or a layoff that is longer than a temporary layoff within the meaning of the Ontario Standards Act, 2000, the Employer shall provide the Union and any impacted employees with at least eight weeks’ notice of the layoff. The Employer agrees to meet with the Union to discuss means of avoiding the layoff as soon as is reasonably possible. In the event of any impending layoff(s), an up-to-date copy of the seniority list shall be provided to the Union at the time of notification.
9.09 Employees with the least seniority within the classification, in which the layoff takes place shall be laid off first. The job classifications are included in Schedule “C”.
9.10 An employee given notice of layoff shall be entitled to accept the layoff and retain recall rights or displace an employee in another position with lesser seniority provided that the senior employee has the necessary skill(s), qualifications including the minimum experience needed for the position.
9.11 The Employer shall recall employees in order of seniority provided that the employee recalled has the skills, and qualifications including the minimum experience needed for the position. Notice of recall shall be sent by registered mail to the last known address of the employee who shall respond to the recall notice within three (3) days, and to return to work within ten (10) days of notification. The employee shall be solely responsible for her proper address being on record with her Employer.
9.12 New employees shall not be hired in a classification until those laid off in the classification have been given an opportunity of recall. Employees in another classification with the necessary skill(s), qualifications including the minimum experience needed for the position will have an opportunity to apply before a new employee is hired. Recall rights will be deemed to have expired when a laid-off employee is returned to the position from which they were laid off or after 24 months have elapsed, whichever occurs first.
9.13 Employees who are laid off shall be placed on a recall list and shall retain, but not accrue seniority for twenty-four (24) months.
9.14 Full and part-time employees on layoff shall be given preference for temporary vacancies which are expected to exceed two (2) calendar weeks of work, provided they have the have the skills, and qualifications including the minimum experience needed for the position"
9.15 Full and part-time employees on layoff shall be afforded the opportunity to move to Relief during the period of recall, provided they have the skills, and qualifications including the minimum experience needed for the position". For clarity, accepting Relief shifts will not be deemed to constitute a recall.
9.16 Subject to the other provisions of this Agreement, temporary employees shall not be used to the extent that they replace, prevent the hiring or cause the layoff of a permanent Full Time or Part Time employee.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the 11.01 Seniority of employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be the first rehiredrecognized within their respective Divisions, if covered under this Agreementtrade and job classification. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreement.
12.02 In promotion, preference New employees shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain placed on the seniority list so long as there is another employee with less seniority, that upon the completion of their probationary period and their respective seniority shall be dated back to the date of their most recent hiring.
11.02 Seniority lists shall be maintained at all times by the Employer can recall in his placeand shall be updated every six (6) months. Copies of the most recent seniority lists shall be available on each jobsite at the beginning of the job. Updated seniority lists shall be forwarded to each jobsite and to the Union's office after each update.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their intention to terminate employment.
12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and Employer.
12.08 11.03 Seniority rights shall cease for any employee who:
a. a) voluntarily quits the employ of the Employer;
b) is discharged and such discharge is not reversed through the Grievance Proceduregrievance procedure;
b. fails to report to work as scheduled for more than two (2c) consecutive days without giving a justifiable reason and shall be deemed to have voluntarily quit;
c. is laid off for a continuous period of more than twelve six (126) consecutive months.
11.04 When a reduction of the workforce is necessary, probationary employees shall be laid off first. If further reduction is necessary, the Employer and the Union shall jointly determine the order of layoff, and in doing so they shall be guided by the following considerations: (in no particular order)
1) The efficiency level of the employee;
2) The productivity of the employee;
3) The skill and ability of the employee;
4) Willingness to travel of the employee;
5) Length of service of the employee. Laid-off employees shall be recalled in the inverse order in which they were laid off unless agreed otherwise by the parties.
11.05 The Employer shall give one (1) day’s notice of layoff to the employees and will meet with a ▇▇▇▇▇▇▇, or a Construction Workers Local 52 Representative if he so requests, at least twenty-four (24) hours prior to the layoff in order to review the layoff. Employees with five (5) or more years of continuous service will be entitled to one
(1) week’s notice of ▇▇▇▇▇▇. The Employer shall provide laid off employees with a Record of Employment for EI purposes no later than five (5) days after the layoff. The Employer shall not be required to give one (1) day's notice of layoff when equipment failure, shortage of material or other reasons beyond the control of the Employer cause a stoppage of operations. An employee laid off for more than three (3) days may request a transfer to another jobsite provided that:
1. They were employed prior to January 1, 2001;
2. Reasonable travel/living compensation is agreed upon between the parties;
3. They are qualified to do the available work on that jobsite;
4. Their seniority is greater than that of the employees in the same classification on that jobsite.
11.06 An employee wishing to discontinue his employment shall give the Employer one (1) week's notice.
11.07 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure.
11.08 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the 11.01 Seniority of employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be the first rehired, if covered under this Agreementrecognized within their respective job classifications. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreement.
12.02 In promotion, preference seniority of an employee shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of based on his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to worksince his last date of hire. In addition, an employee can refuse the recall and remain New employees shall be placed on the seniority list so long as there is another employee with less seniority, that upon the completion of their probationary period and their respective seniority shall be dated back to the date of their most recent hiring.
11.02 Seniority lists shall be maintained at all times by the Employer can recall in his placeand shall be available to the Union to ascertain the seniority status of any employee within its jurisdiction.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their intention to terminate employment.
12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and Employer.
12.08 11.03 Seniority rights shall cease and the employee shall be deemed terminated for any employee who:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is be not reversed through the Grievance Procedure;
b. fails to report to work as scheduled for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have voluntarily quit;
c. is laid off for a continuous period in excess of the recall period, as below;
i. if employed for less than five (5) years – six (6) months ii. if employed for more than five (5) years – eighteen (18) months iii. if employed for more than ten (10) years – twenty-four (24) months
iv. if hired before May 1, 2012, than per the above, but not less than twelve (12) consecutive months.
d. is off work due to illness or injury for a continuous period of more than twenty-four (24) months, and there is no reasonable prognosis for a return to work within a reasonable period of time thereafter;
e. is absent without leave for a period of two (2) consecutive work days.
11.04 In case of layoffs the Employer shall honour the seniority of the employees within their classifications. The rule shall prevail that the employee having most seniority shall be laid off last and recalled first.
11.05 The Employer will provide notice of lay-off as recognized under the Employment Standards Act. Additional notice may be given. The Employer will attempt to schedule lay-offs to commence at the start of the week.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure.
11.07 Any Employee laid off and recalled for work must return within two (2) workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return. The Employer is obliged only to address any correspondence or notice to the last address and/or telephone number of the employee last left on file with the Employer.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the 13.01 Seniority of employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be considered as their length of employment from date of (re)hire and shall be recognized on a company-wide basis. New employees shall be placed on the first rehired, if covered under this Agreement. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreementseniority list upon the completion of a total of four (4) months of employment.
12.02 In promotion, preference 13.02 Seniority lists shall be given to those employees having maintained at all times by the longest service, provided always that the employees are of relatively equal skills, competence Employer and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will shall be provided to the Union upon request once annually in April and will not be postedas requested by the Union.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain on the seniority list so long as there is another employee with less seniority, that the Employer can recall in his place.
12.06 The Employer shall give notice of termination of employment as provided for in the Employment Standards Act. Employees shall give a minimum notice of two (2) weeks of their intention to terminate employment.
12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and Employer.
12.08 13.03 Seniority rights shall cease for any and an employee whoshall be deemed to be terminated if he:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is be not reversed through the Grievance Procedure;
b. c. fails to report to work as scheduled for more than two (2) consecutive days without giving on the first day following the expiration of a leave of absence, unless he has a justifiable reason and shall be deemed to have voluntarily quitreason;
c. d. is laid off for a continuous period of more than twelve six (126) consecutive monthsmonths and has less than three (3) years of seniority;
e. seniority protection for those who have completed (3) years of service from date of hire will be one (1) year;
f. is absent from work for more than two (2) consecutive days, other than a result of sickness or disability, without providing a valid reason. Employees are required to call the Employer each day that they are sick. A Doctor’s note may be required to confirm sickness or disability which costs will be borne by the Employer.
13.04 When the Employer deems it necessary to reduce the work force he shall consult with the Union on the need for layoffs. Where a reduction in the work force is inevitable, probationary employees shall be laid off first. Thereafter, provided that the Employer shall retain a competent and efficient work force and provided that the employees affected have substantially equal skill, competence, efficiency, ability and qualifications, lay-offs shall be determined by seniority so that the last hired shall be the first laid off. Provided that the Employer shall retain a competent and efficient work force and provided that the employees affected have substantially equal skill, competence, efficiency, ability and qualifications, recalls shall be determined by seniority so that the last laid off shall be the first recalled.
13.05 The Employer agrees to notify the Union of any recall and layoffs which are out of seniority sequence.
13.06 The Employer shall give four (4) hours notice of the need for a layoff. In so far as possible layoffs shall take place on Fridays and recalls shall take place on Mondays for EI purposes. The company agrees to issue separation slips at an employee's first layoff date so that they can fulfil their waiting period as soon as possible. Separation slips will be made available at the office two (2) business days after the layoff, if requested by the employee. Otherwise they will be provided with the next pay.
13.07 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure.
13.08 Any employee laid off and recalled for work must return within two (2) workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements acceptable to the Employer to return.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY AND LAYOFFS. 12.01 Provided that the 11.01 Seniority of employees affected are of relatively equal skill, competence and efficiency, the last employee hired (including the unified employees and/or non-Union) shall, in case of layoff, be the first laid off and the last employee laid off shall be the first rehired, if covered under this Agreementrecognized within their respective trade and job classifications. The parties clarify and state their practice that layoffs and bumping does not occur between or among Employer’s Branch locations covered by this Agreement.
12.02 In promotion, preference New employees shall be given to those employees having the longest service, provided always that the employees are of relatively equal skills, competence and efficiency.
12.03 The Employer will annually post a seniority list indicating employees’ date of hire. A list showing employees classification will be provided to the Union upon request and will not be posted.
12.04 In case of a temporary layoff (less than thirteen (13) weeks as set out in the Employment Standards Act) the Employer agrees to give all employees employed under the terms of this Agreement a five (5) working day notice of layoff except that the minimum notice of layoff, preceding or following one's holidays shall not be less than five (5) days providing that the employee has advised the Employer one (1) month in advance of the date of his vacation.
12.05 Layoff because of lack of work shall not constitute a break in seniority nor in length of service with the Employer provided that the employee concerned returns to work within three (3) calendar days if unemployed and within five (5) working days if employed elsewhere after he has received notice from the Employer to return to work. In addition, an employee can refuse the recall and remain placed on the seniority list so long as there is another employee with less seniority, that upon the completion of their probationary period and their respective seniority shall be dated back to the date of their most recent hiring.
11.02 Seniority lists shall be maintained at all times by the Employer can recall in his place.
12.06 and shall be updated every six (6) months. Copies of the most recent seniority lists shall be available on each main jobsite at the beginning of the job. Updated seniority lists shall be forwarded to each main jobsite and to the Union's office after each update. The Employer shall give notice of termination of employment as provided for in make the Employment Standards Act. Employees shall give a minimum notice of two seniority list available to each employee every six (26) weeks of their intention to terminate employmentmonths with the employees‟ pay stubs.
12.07 The Employer agrees to notify the Union of any intended reduction in operating hours and to discuss with the Union the method of applying any proposed reduction in operating hours to the best advantage of both employee and Employer.
12.08 11.03 Seniority rights shall cease for any employee who:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is not reversed through the Grievance Procedure;
b. fails to report to work as scheduled for more than two (2) consecutive days without giving a justifiable reason and shall be deemed to have voluntarily quitgrievance procedure;
c. is laid off for a continuous period of more than twelve six (126) consecutive months;
d. fails to return to work after recall as described in Article 11.08.
11.04 When a reduction of the workforce is necessary, probationary employees shall be laid off first. If further reduction is necessary, the Employer and the Union shall jointly determine the order of layoff, and in doing so they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work;
c. laid-off employees shall be recalled in the inverse order in which they were laid off unless agreed otherwise by the parties.
11.05 The Employer shall give one (1) week's notice of layoff to the employees and will meet with a ▇▇▇▇▇▇▇ or a CLAC Representative if he so requests, at least twenty-four (24) hours prior to the layoff in order to review the layoff. The Employer shall only be required to give two (2) days notice of layoff between December 31st and April 30th of each year. The Employer shall not be required to give one (1) week's notice of layoff when equipment failure, shortage of material or other reasons beyond the control of the Employer cause a stoppage of operations.
Appears in 1 contract
Sources: Collective Agreement