Common use of ARTICLE LAYOFF AND RECALL Clause in Contracts

ARTICLE LAYOFF AND RECALL. When it becomes necessary to reduce the working force of employees, seniority will prevail so long as it does not prevent the Company from maintaining a working force of employees who possess the skill, ability, and physical fitness to capably perform the work which is available and are willing to do such work at the scheduled rate for the job. In such cases where an employee with seniority accepts a lower rated job rather than be laid off, his regular rate will be protected for a period of thirty working days. Short time operations are not considered layoff for purposes of this article. Short time operation shall be defined as any day of work of less than hours. Employees who have not had the opportunity to qualify for another job, in accordance with will be given up to weeks to qualify for a junior employee's job to avoid a layoff. For the purpose of this clause, it is understood that all senior employees skill and ability to perform the job. A more senior employee may choose to take instead of a junior employee, if the senior employee so requests. The agreement to go out of seniority by this employee must be by mutual agreement between the Company and the employee. The employee shall have normal recall rights but may not bump another employee even if the layoff is extended. The Company shall notify the Union and those employees affected by any layoff, of such layoff, at least working days in advance of such layoff or pay to those employees an amount in lieu thereof. This section shall not apply to layoffs of less than working days duration. Laid off personnel will be recalled from layoff on the basis of seniority providedthose recalled possess the skill, ability, experience and physical fitness to capably perform the work which is available. Recall will be made by telephone and if this means is unsuccessful, the employee will be advised by telegram or registered letter at the last address he made known to the Company. An employee with three or more year's seniority who is laid off for a period in excess of twenty-four months or an employee with less than three years' seniority, who is laid off for the lesser of twelve months or a period equal to his seniority of an employee who fails to report from lay off when recalled, will have his seniority standing cancelled and his name removed from the employment records of the Company. It is the responsibility of the employee to keep the Company informed at all times as to his current address and nearest telephone number.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE LAYOFF AND RECALL. When it becomes necessary to reduce (a) In the working force event of employeeslayoff, seniority the following procedure will prevail so long as it does not prevent the Company from maintaining a working force of be followed: Probationary employees who possess the skill, ability, and physical fitness to capably perform the work which is available and are willing to do such work at the scheduled rate for the job. In such cases where an employee with seniority accepts a lower rated job rather than will be laid offoff first: then, his regular rate will be protected for a period Employees in the reverse order of thirty working daystheir bargaining unit-wide seniority. Short time operations are not considered layoff for purposes of this article. Short time operation shall be defined as any day of work of less than hours. Employees who have not had the opportunity to qualify for another job, in accordance with will be given up to weeks to qualify for a junior employee's job to avoid a layoff. For the purpose of this clause, it It is understood that all senior the remaining employees skill and as outlined above must have the ability to perform the jobnormal requirements of the remaining jobs. A more senior employee may choose offer to take instead the place of a junior employee, if employee subject to layoff. There is no onus for the senior Employer to provide notification to any employee so requestsother than those employees affected by layoff. The agreement Employer shall notify employees who are to go out be laid off seven (7) calendar days prior to the effective date of seniority layoff, or award pay in lieu thereof, unless a greater period of notice is required by this employee must legislation, in which case such greater period of notice or pay in lieu thereof shall be given. If not possible to give seven (7) days notice, as much advance notice will be given as is possible. The above will not apply to the junior four (4) employees. Employeesshall have bumping rights in accordance with their seniority. e.g., Senior employees whose job is not functioning would have the right to displace junior employees in the same Department first, then bargaining unit, provided they have the skills and qualification. Employees shall be recalled in the order of their Bargaining Unit seniority, then in their Department where jobs become available, provided they have the ability to performsuch jobs following a reasonabletrial or training period. The Employer shall give notice of recall by mutual agreement between registered mail to the Company and last recorded address of the employee. The employee shall keep the Employer advised at all times of a current address. No new employee shall be hired until those laid off have normal recall rights but may not bump another employee even if been given the layoff is extended. The Company shall notify the Union and those employees affected by any layoff, opportunity of such layoff, at least working days in advance of such layoff or pay to those employees an amount in lieu thereof. This section shall not apply to layoffs of less than working days durationrecall. Laid off personnel employees who wish to be notified of job vacancies other than those to which they have recall rights may signify their desire in writing prior to layoff and shall be entitled to apply for such jobs. The Employer agrees to give any employee who requests training on a different job an opportunity to be cross-trained. This training will be recalled from layoff on the basis of seniority providedthose recalled possess the skill, ability, experience and physical fitness to capably perform the work which is available. Recall will be made by telephone and if this means is unsuccessful, the employee will be advised by telegram or registered letter at the last address he made known to the Company. An employee with three or more yearemployee's seniority who is laid off for a period in excess of twenty-four months or an employee with less than three years' seniority, who is laid off for the lesser of twelve months or a period equal to his seniority of an employee who fails to report from lay off when recalled, will have his seniority standing cancelled and his name removed from the employment records of the Company. It is the responsibility of the employee to keep the Company informed at all times as to his current address and nearest telephone numberown time.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE LAYOFF AND RECALL. When it becomes necessary The Hospital shall each employee in the bargaining unit who has acquired seniority and who is to reduce be laid off a period of more than eight (8) weeks, notice in writing of his layoff in accordance with the working force following schedule. Up to years' service One week's notice; years or more but less than years' service Two weeks' notice; years or more but less than years' service Four weeks' notice; years or more service Eight weeks notice. Such notice w i l l be handed the employee and a acknowledgement requested i f the employee is a t work a t the time the notice is ready for delivery. In the alternative, shall be mailed registered mail. An employee on layoff and recalled to a temporary position shall not be entitled to further notice of employeeslayoff. In the event of a proposed layoff of more than eight ( 8 ) weeks' duration, seniority will prevail so long as it does not prevent the Company from maintaining a working force Hospital will: Provide the Union with less than thirty (30) calendar days notice of employees who possess the skill, abilitysuch layoff, and physical fitness meet with the Union through the Labour Management Committee to capably perform review the work which is available following: the reason causing the layoff the service the Hospital will undertake after the layoff the method of implementation including the areas of cut-back and are willing employees to do such work at the scheduled rate for the job. In such cases where an employee with seniority accepts a lower rated job rather than be laid off. In the event of a substantial bed or cut-back in service, his regular rate the Hospital will provide the Union with reasonable notice. If requested, the Hospital will meet with the Union through the Labour Management Committee to review the reasons and expected duration of the bed cut-back or cut-back in service, any realignment of service or staff and its effect on employees in the bargaining unit. In all other cases of layoff, the Hospital shall give each employee in the bargaining unit who has acquired seniority one week's notice provided however, such notice shall not be protected required if the layoff occurs because of emergencies (for a period example, fire, act of thirty working daysGod, power failure or equipment breakdown). Short time operations are not considered layoff for purposes In the event of this article. Short time operation layoff, the Hospital shall be defined as any day lay off employees in the reverse order of work of less than hours. Employees who their seniority within their classification; providing that there remain on the job employees tho then have not had the opportunity to qualify for another job, in accordance with will be given up to weeks to qualify for a junior employee's job to avoid a layoff. For the purpose of this clause, it is understood that all senior employees skill and ability to perform the job. A more senior employee may choose to take instead of a junior employee, if the senior employee so requests. The agreement to go out of seniority by this employee must be by mutual agreement between the Company and the employee. The employee shall have normal recall rights but may not bump another employee even if the layoff is extended. The Company shall notify the Union and those employees affected by any layoff, of such layoff, at least working days in advance of such layoff or pay to those employees an amount in lieu thereof. This section shall not apply to layoffs of less than working days duration. Laid off personnel will be recalled from layoff on the basis of seniority providedthose recalled possess the skill, ability, experience and physical fitness to capably perform the work which is available. Recall will be made by telephone and if this means is unsuccessful, the employee will be advised by telegram or registered letter at the last address he made known to the Companywork. An employee with three or more year's seniority who is laid off for a period in excess of twenty-four months subject to layoff shall have the right to either: Accept the layoff; or an employee with less than three years' seniority, who is laid off for the lesser of twelve months or a period equal to his seniority of displace an employee who fails has Lesser bargaining unit seniority and who is the least senior in a lower or identical paying classification in the bargaining the employee originally subject to report from lay off when recalled, will have his seniority standing cancelled and his name removed from layoff can perform the employment records duties of the Companylower or identical classification without training other than orientation. It is the responsibility Such employee so hex shall be laid off subject to his or under this section. The decision of the employee to keep choose (a) or above shall be given in writing to the Company informed at all times as designated Hospital representative within five working days Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to his current address do so will be deemed to have accepted the layoff. An employee shall have the opportunity to recall from a layoff to an available opening, in of seniority, provided he has the ability to perform the work, before such opening is on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be given preference temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and nearest telephone number.may instead remain on layoff In determining the ability of an employee to perform the work for the purposes of Paragraphs and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled work i n a different classification from which he was laid off shall have the privilege of returning to the position he held prior t o the layoff should it become vacant within six

Appears in 1 contract

Samples: Agreement

ARTICLE LAYOFF AND RECALL. When it becomes necessary to reduce (a) A layoff occurs when a position is declared redundant and the working force majority of employeesits functions are discontinued. In the event of layoff within a department, seniority will prevail so long as it does not prevent the Company from maintaining a working force of an employee or employees who possess have completed the probationary period (except term employees), the University shall give as much notice as possible but in no case less than twelve weeks' the designation of such employees for layoff, in the affected in the Department in question, in the reverse order of their seniority, provided that the employees remaining in the Department have the skill, ability, ability and physical fitness qualifications to capably perform the work which remaining in the Department. At the same time, the University shall endeavour to identify vacancies or potential available displacements, and shall then consult with potentially affected employees and the union. An employee who has completed the probationary period who is available and are willing to do such work at designated for layoff shall have the scheduled rate right to: accept the layoff; or accept a vacancy, if available, in a position within the employee's own job grade or within a range not lower than two (2) grades below the employee's own job provided that the employee designated for layoff can perform the job. In such cases where duties of the position with training; Where an employee with seniority accepts has been selected to fill the position, within own job grade or within a range not lower rated than two (2) grades below job rather than be laid offgrade, his regular rate will be protected for a period the University shall cover in the letter of thirty working daysoffer to the employee the following points: the developmental plan indicating what skills the employee needs to acquire in order to achieve the full requirements of the position. Short time operations are not considered layoff for purposes of this article. Short time operation shall be defined as any day of work of less than hours. Employees who have not had by which the opportunity to qualify for another jobemployee must attain the skills identified in Article above, in accordance with will be given up to weeks to qualify for a junior employee's job to avoid a layoff. For the purpose of this clause, it is understood that all senior employees skill and ability order to perform the job. A more senior employee may choose to take instead of a junior employee, if the senior employee so requests. The agreement to go out of seniority by this employee must be by mutual agreement between the Company and the employee. The employee shall have normal recall rights but may not bump another employee even if the layoff is extended. The Company shall notify the Union and those employees affected by any layoff, of such layoff, at least working days in advance of such layoff or pay to those employees an amount in lieu thereof. This section time period shall not apply exceed twelve (12) weeks. the options available to layoffs of less than working days duration. Laid off personnel will be recalled from layoff on the basis of seniority providedthose recalled possess the skill, ability, experience and physical fitness to capably perform the work which is available. Recall will be made by telephone and if this means is unsuccessful, the employee will be advised by telegram or registered letter at if does not achieve the last address he made known to the Company. An employee with three or more year's seniority who is laid off for a period in excess of twenty-four months or an employee with less than three years' seniority, who is laid off for the lesser of twelve months or a period equal to his seniority of an employee who fails to report from lay off when recalled, will have his seniority standing cancelled and his name removed from the employment records requirements of the Company. It is position within the responsibility specified period of the employee to keep the Company informed at all times time, e.g.) acceptance of severance or placement on recall list as to his current address and nearest telephone number.outlined in Article

Appears in 1 contract

Samples: negotech.labour.gc.ca

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ARTICLE LAYOFF AND RECALL. When it becomes necessary to reduce The shall give each employee in the working force of employees, bargaining unit who has acquired seniority will prevail so long as it does not prevent the Company from maintaining a working force of employees who possess the skill, ability, and physical fitness to capably perform the work which is available and are willing to do such work at the scheduled rate for the job. In such cases where an employee with seniority accepts a lower rated job rather than be laid off, his regular rate will be protected for a period of thirty working days. Short time operations are not considered layoff for purposes of this article. Short time operation shall be defined as any day of work of less than hours. Employees who have not had the opportunity to qualify for another job, in accordance with will be given up to weeks to qualify for a junior employee's job to avoid a layoff. For the purpose of this clause, it is understood that all senior employees skill and ability to perform the job. A more senior employee may choose to take instead of a junior employee, if the senior employee so requests. The agreement to go out of seniority by this employee must be by mutual agreement between the Company and the employee. The employee shall have normal recall rights but may not bump another employee even if the layoff is extended. The Company shall notify the Union and those employees affected by any layoff, of such layoff, at least working days in advance of such layoff or pay to those employees an amount in lieu thereof. This section shall not apply to layoffs of less than working days duration. Laid off personnel will be recalled from layoff on the basis of seniority providedthose recalled possess the skill, ability, experience and physical fitness to capably perform the work which is available. Recall will be made by telephone and if this means is unsuccessful, the employee will be advised by telegram or registered letter at the last address he made known to the Company. An employee with three or more year's seniority who is to be laid off for a period of more than eight weeks, notice in excess writing of twenty-four months his layoff in accordance with the schedule. Up to hours' service one week's notice; hours or an employee with more but less than three yearshours' service two weeks' notice: hours or more but less than hours' service four weeks' notice hours or more service eight weeks notice. Such notice will be handed to the employee and a signed acknowledgment requested if the employee is at work at the time the notice is ready for delivery. the alternative, it shall be mailed by registered mail. An employee on layoff and recalled to a temporary position shall not be entitled to further notice of layoff. In the event of a proposed layoff of more than eight weeks' duration, the Hospital will: Provide the Union with no less than thirty calendar days notice of such layoff, and meet with the Union through the Labour Management Committee to review the following: the reason causing the layoff the service the Hospital will undertake after the layoff iii) the method of implementation including the areas of cub-back and employees to be laid off In the event of a substantial bed cut-back or cut back in Service, the Hospital will provide the with reasonable notice. If requested, the Hospital will with the Union through the Labour Management to review the reasons and expected duration of the bed cut-back or cut-back in service, any realignment of service or staff and its effect on employees in the bargaining unit. . In all other cases of layoff, the Hospital shall give each employee in the bargaining unit who has acquired seniority, one weeks' notice provided however such notice shall not be required if the layoff occurs o f emergencies (for example, fire, act of Good, power failure or equipment breakdown). In the event of layoff, the Hospital shall lay off employees in the reverse order of their seniority within their classification, providing that they remain on the job employees who then have the ability to perform the work. employee who is laid off for subject to l a y o ff have the lesser of twelve months right to either: Accept the layoff; or a period equal to his seniority of Displace an employee who fails has lesser bargaining unit seniority and who is the least senior employee in a lower or identical classification in the bargaining unit if the employee originally subject to report from lay off when recalled, will have his seniority standing cancelled and his name removed from layoff can perform the employment records duties of the Companylower or identical classification without training other than orientation. It is the responsibility Such employee do displaced shall be laid off subject to his or her rights under this section. The decision of the employee to keep choose or above shall be given in writing to the Company informed at all times as designated Hospital representative within five working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to his current address do so will deemed to have accepted the layoff. . An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and nearest telephone numbermay instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of paragraphs and above, the Hospital shall not act in an arbitrary or unfair manner.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE LAYOFF AND RECALL. When A layoff shall be defined as a reduction in the workforce or a reduction in the regular hours of work of an employee. Ten month employees who are laid off during July and August will not be eligible to bump twelve (12) month employees during July and August. Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, an employee about to be laid off may bump a less senior employee from their seniority list, in an equal or lesser classification providing that the employee exercising the right is qualified and able to perform the work of the less senior employee. An employee receiving notice of layoff must indicate in writing within five (5) working days (inclusive of July and August and exclusive of shutdown) that wishes to accept the layoff or bump another employee and name the employee to be bumped. Displacement will occur according to Article to minimize program disruption. Unless legislation is more favourable to the thirty (30) calendar days' notice of layoff shall be given. Should it becomes necessary not be possible to reduce provide work during the working force thirty (30) days, the laid off shall be paid their regular rate of employeespay for the days they would normally have worked during the thirty (30) calendar days. Should a position become vacant or a new position be created while an employee is on layoff, seniority the Employer will prevail so long as it post the position through the normal job posting procedure. The vacancy that arises due to the filling of the initial vacancy will be subject to recall. I New employees shall not be hired until laid off employees have been given an opportunity of recall. This does not prevent the Company employer from maintaining a working force adding to the list of employees who possess the skill, ability, and physical fitness to capably perform the work which is available and are willing to do such work temporary employees. Employees qualifying for recall shall be recalled in order of their seniority (at the scheduled rate for time of layoff) provided they have the job. In such cases where an employee with seniority accepts a lower rated job rather than be laid off, his regular rate will be protected for a period of thirty working days. Short time operations are not considered layoff for purposes of this article. Short time operation shall be defined as any day of work of less than hours. Employees who have not had the opportunity to qualify for another job, in accordance with will be given up to weeks to qualify for a junior employee's job to avoid a layoff. For the purpose of this clause, it is understood that all senior employees skill qualifications and ability to perform the jobwork available. A more senior When an employee may choose is offered reasonable recall to take instead of a junior an equivalent permanent position, the employee, if 's name shall be removed from the senior employee so requestsrecall list. The agreement employee will not have any further opportunity for recall but is able to go out of seniority by this employee must apply for posted vacancies and participate in the job fair during the twenty-four (24) months following layoff.. Notificationof recall to work shall be by mutual agreement between priority post to the Company and last known address of the employee that has been filed with Human Resources Services by the employee. The employee It shall have normal recall rights but may not bump another employee even if be the layoff is extended. The Company shall notify the Union and those employees affected by any layoff, of such layoff, at least working days in advance of such layoff or pay to those employees an amount in lieu thereof. This section shall not apply to layoffs of less than working days duration. Laid off personnel will be recalled from layoff on the basis of seniority providedthose recalled possess the skill, ability, experience and physical fitness to capably perform the work which is available. Recall will be made by telephone and if this means is unsuccessful, the employee will be advised by telegram or registered letter at the last address he made known to the Company. An employee with three or more year's seniority who is laid off for a period in excess of twenty-four months or an employee with less than three years' seniority, who is laid off for the lesser of twelve months or a period equal to his seniority of an employee who fails to report from lay off when recalled, will have his seniority standing cancelled and his name removed from the employment records of the Company. It is the responsibility duty of the employee to keep notify the Company informed Board promptly of any change of address. If the employee should fail to do so, the Board shall not be responsible for failure of official notices to reach the employee. Employees who are not offered permanent positions will remain on layoff for up to twenty-four (24) consecutive months. After twenty-four (24) consecutive months of layoff, seniority and all other rights shall cease and employment shall be considered terminated. Positions While on Layoff positions that become available while are on layoff will be offered to qualified laid off employees. The employer shall make all reasonable efforts to assign temporary positions in order of seniority. Acceptance of a position while on layoff will not affect the permanent status of the or rights pursuant to the layoff and recall article of the collective agreement. Laid off will accumulate seniority while working as a employee and will receive the wage rate of the permanent position. The employee will also receive vacation pay as a percentage of earnings in accordance with the collective agreement but will receive holiday pay as per the Employment Standards Act. Any Grievance concerning layoff and recall shall be initiated at Step of the Grievance Procedure. Employees who are laid off during the months of July and August and have an expected date of return in September, shall be provided with continued benefit coverage as described in this Collective Agreement. Subject to eligibility requirements as specified by the carriers, employees on lay-off and eligible for recall, shall be entitled to continued participation in the group extended health, dental benefit and life insurance plans to which belongs at the time of layoff for a maximum of up to two (2) years from date of layoff. Such employee must pay of the premium costs by debit. Laid off employees engaged in alternate employment and who are recalled shall be permitted to give their current employer reasonable notice of termination to accept the recall. The Union Executive Members will still be recognized by the Employer even when laid off. The parties agree to meet as far in advance as possible of any layoff, r restructuring, downsizing to explore all times to layoffs. It is agreed that no permanent employee will be laid off as a direct result of the use of co-operative education students, parents or other persons. The Board will meet with the Union to his current address discuss parental and nearest telephone numbercommunity involvement in schools.

Appears in 1 contract

Samples: The Agreement

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