LAYOFFS AND RECALLS Clause Samples

The "Layoffs and Recalls" clause outlines the procedures and rules governing the temporary or permanent reduction of workforce and the subsequent rehiring or reinstatement of affected employees. Typically, this clause specifies the criteria for selecting employees for layoff, such as seniority or job classification, and details the process for notifying employees and managing their rights during the layoff period. It also establishes the order and method by which laid-off employees are recalled to work when positions become available. The core function of this clause is to ensure fairness and transparency in workforce reductions and rehirings, minimizing disputes and providing clear expectations for both employers and employees.
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LAYOFFS AND RECALLS. 10.01 When reducing staff or recalling laid off employees, seniority shall prevail provided the senior employee has the ability and fitness, as determined by the Co- operative, to handle the work to be performed. 10.02 The Co-operative shall notify employees who are to be laid off, fourteen (14) calendar days prior to the effective date of the layoff, or award pay in lieu thereof. 10.03 When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address. The employee concerned must notify the Co-operative within seven (7) calendar days of the mailing of such letter, stating their acceptance or refusal of the employment offered. 10.04 It shall be the responsibility of the employee to leave their current address and phone number with the Co-operative.
LAYOFFS AND RECALLS. (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site. (b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire. (c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall. (d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client. (e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediat...
LAYOFFS AND RECALLS. 9.01 When reducing staff or recalling laid off employees, seniority in the classification affected shall prevail providing the senior employee has the ability and qualifications as evaluated by the Employer to handle the work to be performed. An employee laid off under this clause can bump a junior person in any classification provided they have the ability and qualifications to handle the work to be performed. 9.02 When the Employer recalls an employee who has been laid off, it shall notify such employee by telephone or registered letter addressed to the employee’s last known address. The employee concerned must notify the Employer within five (5) days of the telephone call or mailing of such letter stating his/her acceptance or refusal of the employment offered. If an employee fails to report for work within five (5) days of mailing of such notice but does report within thirty (30) days showing good cause for having failed within the five (5) days, he/she shall be notified of the next vacancy and his/her seniority shall be retained. Good cause shall be sickness, verified by the certificate of a medical practitioner, insufficient travelling time, or accident. The Union will be notified when a re-call notice is being issued. 9.03 Where an employee has been in the continuous service of the Employer for at least three (3) consecutive months, the Employer shall not lay off the employee without giving the employee at least the following notice or pay in lieu thereof: (a) One week's written notice where his/her period of employment is more than three months but less than one year; (b) Two weeks written notice where his/her period of employment is one year or more but less than three years; (c) Four weeks written notice where his/her period of employment is three years or more but less than five years; (d) Six weeks written notice where his/her period of employment is five years or more but less than ten years; (e) Eight weeks written notice where his/her period of employment is ten years or more.
LAYOFFS AND RECALLS. All cases of layoff shall be by Department seniority by Job Title providing the remaining employees have the skill, ability, prior work experience and efficiency to perform the available work within one (1) work shift.
LAYOFFS AND RECALLS. 13.01 Both Parties recognize that job security should increase in proportion to the length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of seniority. Employees shall be recalled in order of their seniority providing they are qualified to do the work. 13.02 A layoff shall be defined as a reduction in the workforce. 13.03 No new employees will be hired until those laid off have been given an opportunity of re- employment providing they are qualified to do the work, which is available within the bargaining unit. 13.04 The Corporation shall notify employees who are to be laid off by providing them with a minimum of five (5) working months notice before the layoff is to be effective. If the employee laid off has not had the opportunity to work five (5) months after the notice of layoff, they shall be paid in lieu of work for that part of the five (5) months during which work was not made available. 13.05 In order that the operations of the Union will not become disorganized when layoffs are being made, members of the Local Executive Board shall be the last persons laid off during their term of office as long as full-time work, which they are qualified to perform is available. 13.06 The Corporation’s decision on acceptance or denial of a bump shall be communicated in writing to affected employees and the Union within five (5) working days. An employee who has been served notice of layoff as outlined above shall bump the employee with the lowest seniority in the classification in which the employee has elected to bump based on their skill and ability to perform the work. No part-time or casual employee shall displace a full-time employee in any classification. 13.07 An employee affected by layoff will be given an orientation and assessment period as deemed appropriate by the Corporation. Should the Corporation deem the employee unsatisfactory or unsuitable, the employee will be advised that they are to be laid off and will be allowed to exercise their bumping rights into another position. Such decision will not prejudice future consideration of the employee under a posted vacancy for the same position. Any other employee displaced as a result of the above rearrangements of positions shall be returned to their position without loss of seniority, benefits, or wage/salary. Should the employee find the new position unsatisfactory within thirty (30) working days, the employee will inform the Human Resources Departme...
LAYOFFS AND RECALLS. I The Company will provide five (5)working days of notice for layoffs exceeding three (3) working days. No manpower temporary employees will be used in the plant starting the day prior to such deviation from the above and the Chairperson will be notified. For layoffs of three (3) working days or less the Company will provide as much notice as above will apply except in cases beyond the control of the Company. Probationary employees will be the first laid off providing the remaining employees have the minimal qualifications, skill and ability to perform the available work within one week. If further layoffs are necessary it will be by plant wide seniority providing the remaining employees have the minimal qualifications, skill and ability to perform the available work, within one work Company will place affected employees in positions for which they qualify, as close as possible to their current wage rate. If the new rate is lower than their current rate, their current rate will be protected for a period not to exceed three (3) months. Subject to the language in Article when there are surplus the company will select the most junior employee affected plant declared surplus has the right to bump the most junior employee in the same classification or a lower classification process will continue until all surplus are placed and/or laid off. Any vacancies created by a lay off will be offered on a Any vacancies created by a lay off will be offered on a seniority basis to displaced employees All cases of external recall will be by plant wide seniority providing the have the minimal qualifications, skill, ability to perform the available work, within one week. In the event an employee on external recall has been laid off for less than months they will be eligible to return to their original job classification,grade and wage should it exist When an employee has been laid off from their job for less than months and has been actively working inside the plant shall be recalled to former department, classification and wage by shall be no job for jobs where there is an internal recall candidate. Prior to using any temporary persons the Company shall offer recall to all laid off pursuant to Article External employees who are being recalled by telephone will have a Union Representative present when such calls are placed. Article IO- Job Posting
LAYOFFS AND RECALLS. ‌ When by reason of lack of work, budgetary consideration, or any other reason, it is necessary to lay off employee(s) in a given job classification within a Division, the employee with the least seniority in the classification within the Division shall be dispositioned first. Employees being dispositioned may choose to transfer (bump) to a lower or equal paying bargaining unit classification provided: 1) The employee has more seniority in the bargaining unit than the incumbent. 2) Employee meets the current minimum job requirements of the classification. 3) The employee has previously worked in that classification or a higher level in the classification series within a Division (e.g., Maintenance Craftsworker I and Maintenance Craftsworker II; Utility Craftsworker and General Craftsworker, etc.) at an effective performance level which will be determined by a review of employee’s official personnel record by Human Resources. Employees laid off will retain recall rights for a two (2) year period; however, prior to using the recall list, each job opening will be posted to regular full-time IUOE employees first. If there are no qualified candidates, the recall list will be used. Employees laid off shall be recalled in the reverse order to that of the layoff. Employees recalled and reinstated will retain established bargaining unit seniority for the purpose of PTO accrual and other seniority related provisions of this agreement. Accrued Grandfathered Sick Leave at the time of layoff will be credited to the employee at the time of recall/reinstatement.
LAYOFFS AND RECALLS. During layoffs or reductions in the working force, the employee with the least seniority in the job classification affected shall be laid off first. When the working force is again increased, employees on layoff shall be recalled in the order of their job classification seniority, unless circumstances have occurred during the layoff which make them disqualified. Ability to perform the work available shall be a determining factor in following the principle that the last employee laid off will be the first employee rehired.
LAYOFFS AND RECALLS. 12.01 When, in the opinion of the Employer, a reduction of the workforce is necessary, probationary employees and students shall be laid off first. If further reductions are necessary the Employer shall be guided by the following considerations (not necessarily in this order): a. Length of service of the employee; b. The productivity of the employee; c. The ability of the employee; d. Willingness to travel of the employee. 12.02 The Employer agrees to notify the Union (▇▇▇▇▇▇▇ or Representative) of the names of employees laid off within the pay period of the date during which the layoff occurred.
LAYOFFS AND RECALLS. 24.01 The Employer will give at least seven (7) days notice to employees and the Union to any contemplated layoffs. The term “layoff” includes a reduction in the total number of full-time positions in the bargaining unit. 24.02 a) Whenever it becomes necessary to decrease the working force, the Company will determine the staffing compliment required.