Common use of Seniority Layoffs and Recalls Clause in Contracts

Seniority Layoffs and Recalls. 12.01 Seniority is the ranking of employees in accordance with their length of employment within their respective job classifications. Seniority of current employees covered by this Agreement shall be calculated from the date of hire. New employees, after successfully completing their probationary period, shall be added to the seniority list with seniority attributed from the date of hire. Separate seniority lists shall be maintained for each job classification as identified by Schedule “A” and these lists shall be maintained and kept current by the Employer and shall be made available to the Union upon request. 12.02 Seniority rights shall terminate and an employee shall cease to be employed by the Employer when he: a. voluntarily quits his employment with the Employer; b. is discharged, and is not reinstated through the grievance procedure or arbitration; c. fails to report for work as scheduled for a 2nd consecutive workday without having a justifiable reason for such failure to report; d. is laid off for a period of more than nine (9) consecutive months; e. fails to report on the first day following the expiration of a leave of absence without just cause; f. is absent for a period of more than twenty-four (24) months due to a bona fide injury, or illness; g. fails to report to work following a recall within four (4) workdays if unemployed, or five (5) workdays if employed elsewhere. 12.03 When in the opinion of the Employer, a reduction in the workforce is necessary, he shall inform the Union of the need for layoffs. Probationary employees and students shall be laid off first. If further reductions are necessary, the Employer shall create a list of remaining employees and shall determine the order of layoffs by relying on the following factors: a. Ability and willingness to perform the available work; b. Classification, as per Schedule “A”; c. Any other factor that the parties mutually agree to be relevant. Where the factors above are relatively equal, an employee’s length of service shall be the determining factor in developing the order of layoff. 12.04 The Employer agrees to notify the Union (▇▇▇▇▇▇▇ or Representative) of the names of employees laid off prior to the pay period of the date during which the layoff will occur. 12.05 The discretion exercised by the Employer in determining the order of layoff, or which employees to layoff, shall not be unreasonably exercised. 12.06 The Employer will not be required to give notice of layoff when equipment failure, shortage of material, or other reasons beyond the control on the Employer causes a stoppage of operation.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Seniority Layoffs and Recalls. 12.01 11.01 Seniority is the ranking of employees in accordance with their length of employment within their respective job classifications. Seniority of current employees covered by this Agreement shall be calculated from the date of hire. New employees, after successfully completing their probationary period, shall be added to the seniority list with seniority attributed from the date of hire. Separate seniority lists shall be maintained for each job classification as identified by Schedule “A” and these lists shall be maintained and kept current by the Employer and shall be made available to the Union upon request. 12.02 11.02 Seniority rights shall terminate and an employee shall cease to be employed by the Employer when he: a. voluntarily quits his employment with the Employer; b. is discharged, and is not reinstated through the grievance procedure or arbitration; c. fails to report for work as scheduled for a 2nd consecutive workday without having a justifiable reason for such failure to report; d. is laid off for a period of more than three (3) months if he has been employed for less than two (2) years, and for nine (9) consecutive months;months if employed for two (2) years or more. e. fails to report on the first day following the expiration of a leave of absence without just cause; f. is absent for a period of more than twenty-four (24) months due to a bona fide injury, or illness; g. fails to report to work following a recall within four two (42) workdays if unemployed, or five (5) workdays if employed elsewhere. 12.03 11.03 When in the opinion of the Employer, a reduction in the workforce is necessary, he shall inform the Union of the need for layoffs. Probationary employees and students shall be laid off first. If further reductions are necessary, the Employer shall create a list of remaining employees and shall determine the order of layoffs by relying on the following factors: a. Ability and willingness to perform the available work; b. Classification, as per Schedule “AB, attached; c. Geographic location of the work to be performed; d. Any other factor that the parties mutually agree to be relevant. Where the factors above are relatively equal, an employee’s length of service shall be the determining factor in developing the order of layoff. 12.04 11.04 The Employer agrees to notify the Union (▇▇▇▇▇▇▇ or Representative) of the names of employees laid off prior to the pay period of the date during which the layoff will occur. 12.05 11.05 The discretion exercised by the Employer in determining the order of layoff, or which employees to layoff, shall not be unreasonably exercised. 12.06 11.06 The Employer will not be required to give notice of layoff when equipment failure, shortage of material, or other reasons beyond the control on the Employer causes a stoppage of operation.

Appears in 1 contract

Sources: Collective Agreement

Seniority Layoffs and Recalls. 12.01 11.01 Seniority is the ranking of employees in accordance with their length of employment within their respective job classifications. Seniority of current employees covered by this Agreement shall be calculated from the date of hire. New employees, after successfully completing their probationary period, shall be added to the seniority list with seniority attributed from the date of hire. Separate seniority lists shall be maintained for each job classification as identified by Schedule “A” and these lists shall be maintained and kept current by the Employer and shall be made available to the Union upon request. 12.02 11.02 Seniority rights shall terminate and an employee shall cease to be employed by the Employer when he: a. voluntarily quits his employment with the Employer; b. is discharged, and is not reinstated through the grievance procedure or arbitration; c. fails to report for work as scheduled for a 2nd more than three (3) consecutive workday work days without having a justifiable reason for such failure to report; d. is laid off for a period of more than nine (9) consecutive months; e. fails to report on the first day following the expiration of a leave of absence without just cause; f. fails to comply with an agreed upon arrangement of his recall without justifiable reason; g. is absent for a period of more than twenty-four (24) months due to a bona fide injury, or illness;, g. fails 11.03 In the case of layoffs, the Employer shall rely on the seniority standing of the employees within their classification to report to work following a recall determine the appropriate order of layoff. In general, the employee having most seniority within four (4) workdays if unemployedhis classification shall be laid off last and recalled first, or five (5) workdays if employed elsewhere. 12.03 When in provided the opinion employee, at the sole discretion of the Employer, a reduction in has the workforce is necessarynecessary skill, he ability, and possesses the qualifications to perform the available work. Such discretion shall inform the Union not be unreasonably exercised. In all cases of the need for layoffs. Probationary layoff, probationary employees and students shall be laid off first. If further reductions are necessary, the Employer shall create a list of remaining employees and shall determine the order of layoffs by relying on the following factors: a. Ability and willingness to perform the available work; b. Classification, as per Schedule “A”; c. Any other factor that the parties mutually agree to be relevant. Where the factors above are relatively equal, an employee’s length of service shall be the determining factor in developing the order of layoff. 12.04 11.04 The Employer agrees to notify the Union (▇▇▇▇▇▇▇ or Representative) office of the names of employees laid off prior to within the pay period of the date during which the layoff will occuroccurred, together with the employee's classification and latest available phone number. 12.05 The discretion exercised by the Employer in determining the order of layoff, or which employees to layoff, shall not be unreasonably exercised. 12.06 The Employer will not be required to give notice of layoff when equipment failure, shortage of material, or other reasons beyond the control on the Employer causes a stoppage of operation.

Appears in 1 contract

Sources: Collective Agreement