Common use of ARTICLE LAYOFFS AND RECALLS Clause in Contracts

ARTICLE LAYOFFS AND RECALLS. The parties recognize that job security should increase in proportion to length of service (seniority) and agree, in the case of layoff and recall, that following a layoff employees with greater length of shall be entitled preference provided the senior employee to be retained or recalled, as the case may be, possesses, in the opinion of the Employer, which shall not be exercised in an arbitrary or discriminatory manner, the qualifications, skill and reliability to perform the tasks required. For the purposes of this Article and Article seniority shall be defined as the length of continuous service with the Employer, calculated from the date when the employee was last hired by the Employer. For the purposes of this Article, the length of continuous and unbroken service by an employee at the Boniface Elevator with Elders Grain and All State Grain shall be recognized as service with the Employer provided the employee accepted employment with the Employer as of May and has been continuously employed with the Employer since that date. In the case of an employee who was once in the employ of the Employer, but who resigned or was discharged or whose employment was terminated, seniority shall date from the most recent date of employment. An employee shall not acquire seniority rights until has completed the required probationary period, or extended probationary period, as the case may be, as defined in Article An employee who successfully completes the probationary period shall be placed on the seniority list at that time, backdated to date of initial hire. An employee’s seniority shall be forfeited with no obligation on the Employer to rehire such employee in the event of any one of the following occurrences: If quits voluntarily; or If is discharged for just cause and is not reinstated under the grievance and arbitration procedure; or After obtaining an authorized leave of absence, fails to report to work at the expiration of leave of absence, or as provided in this Agreement; or After having been on continuous layoff for a period of twelve months more; or if,while on an authorized leave of absence, the employee takes employment elsewhere contrary to the terms of this Agreement; or If fails to return to work at a time designated by the Employer when recalled following An employee on a paid leave of absence or on unpaid leave referred to in Articles and shall continue to accumulate seniority, vacation credits and other benefits. An employee on any leave of absence without pay or on layoff shall continue to maintain seniority and other benefits accumulated prior to taking the unpaid leave of absence or being laid off but shall not further accumulate seniority, vacation benefits or other service benefits. of layoff. Upon request, employees shall receive any accumulated vacation at the time The period of layoff shall commence the first working day following the completion of the vacation period. In order to qualify for recall, an employee must keep name, current address and telephone number on file with the Employer. The employee must be prepared to begin work at a time designated by the Employer. When recalled to work following a layoff, an employee on the layoff list shall be given a minimum of twenty-four (24) hours advance notice in which to report for work, such notice shall be by telephone and confirmed, where practical, by registered mail directed to the employee's last known address. When an employee receives notice of recall, must notify the Employer of intention of accepting or rejecting the recall or will be terminated. Only regular full-time employees shall accumulate seniority; part-time employees shall not, seniority. However, if a part-time employee is subsequently made a regular full-time employee in the same classification service as part time employee in that classification shall be included in probationaryperiod and effective seniority date shall be based on eight hours of part-time work equalling one working of regular full-time employment.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE LAYOFFS AND RECALLS. The parties recognize that job security should increase in proportion to length of service (seniority) and agree, in the case of A layoff and recall, that following a layoff employees with greater length of shall be entitled preference provided the senior employee to be retained or recalled, as the case may be, possesses, in the opinion of the Employer, which shall not be exercised in an arbitrary or discriminatory manner, the qualifications, skill and reliability to perform the tasks required. For the purposes of this Article and Article seniority shall be defined as a reduction in the length hours of continuous service with work or number of employees. The give the Employeraffected, calculated from and the date when Union, notice of layoff in writing as provided in the appropriate legislation but not less than thirty (30) working days.' If the employee was last hired by has not had the Employer. For opportunity to work the purposes of this Article, days provided in clause the length of continuous and unbroken service by an employee at the Boniface Elevator with Elders Grain and All State Grain shall be recognized as service with paid for the Employer provided the employee accepted employment with the Employer as of May and has been continuously employed with the Employer since that datedays for which work was not available. In the case of event it becomes necessary to reduce the workforce, the with the least seniority at that affected location will be laid off, provided that the retained are qualified to perform the work available. However, the laid off will be entitled to: Displace an employee who was once with less seniority in the employ same job classification within the District. Displace an employee with less seniority in a job classification the laid off employee is qualified to perform within the District. Displace the employee with the least seniority in the lowest job classification within the District. In applying clause of the EmployerArticle, but who resigned or was discharged or whose employment was terminatedit must be understood it will be done in accordance with the District Seniority List and the employees retained must be qualified and competent perform the work available in order that the operation will remain effective, seniority shall date from efficient and with the most recent date minimum of employmentdisruption. An employee shall not acquire with seniority rights until has completed the required probationary period, or extended probationary period, as the case who is forced to accept a transfer to another location may be, as defined accept a layoff in Article An employee who successfully completes the probationary period shall be placed on the seniority list at that time, backdated preference to date of initial hire. An employee’s seniority shall be forfeited with no obligation on the Employer accepting a transfer to rehire such employee in the event of any one of the following occurrences: If quits voluntarily; or If is discharged for just cause and is not reinstated under the grievance and arbitration procedure; or After obtaining an authorized leave of absence, fails to report to work at the expiration of leave of absence, or as provided in this Agreement; or After having been on continuous layoff for a period of twelve months more; or if,while on an authorized leave of absence, the employee takes employment elsewhere contrary to the terms of this Agreement; or If fails to return to work at a time designated by the Employer when recalled following An employee on a paid leave of absence or on unpaid leave referred to in Articles and shall continue to accumulate seniority, vacation credits and other benefitsanother location. An employee on any leave of absence without pay or on layoff shall continue to maintain seniority and other benefits accumulated prior to taking the unpaid leave of absence or being laid off but accordance with clause must accept a recall to any location provided that all other laid off employees have been recalled. It is understood that where more than one employee has exercised clause the employee with the least will be the recalled. unless an employee with more seniority has informed the Administrator of Employee Relations of writing, to accept the next vacancy. No new employees will be hired until those lard off within the previous two (2) years have been given an opportunity of re-employment Notice of such opportunity of re-employment shall not further accumulate seniority, vacation benefits or other service benefitsbe made by telephone to the employee at latest address shown the Employer's records of opportunity of re-employment. of layoff. Upon request, Such notice may be in the same form as that posted for present employees It shall receive any accumulated vacation at be the time The period of layoff shall commence the first working day following the completion responsibility of the vacation period. In order employee to qualify for recall, an employee must keep name, current address and telephone number on file with the Employer. The employee must be prepared to begin work at a time designated by the Employer. When recalled to work following a layoff, an employee on the layoff list shall be given a minimum of twenty-four (24) hours advance notice in which to report for work, such notice shall be by telephone and confirmed, where practical, by registered mail directed to the employee's last known address. When an employee receives notice of recall, must notify advise the Employer of intention any change of accepting address or rejecting the recall or will be terminated. Only regular full-time employees shall accumulate seniority; part-time employees shall not, seniority. However, if a part-time employee is subsequently made a regular full-time employee in the same classification service as part time employee in that classification shall be included in probationaryperiod and effective seniority date shall be based on eight hours of part-time work equalling one working of regular full-time employment.telephone

Appears in 1 contract

Samples: Collective Agreement

ARTICLE LAYOFFS AND RECALLS. The parties recognize that job security should increase in proportion to length of service (seniority) and agree, in the case of A layoff and recall, that following a layoff employees with greater length of shall be entitled preference provided the senior employee to be retained or recalled, as the case may be, possesses, in the opinion of the Employer, which shall not be exercised in an arbitrary or discriminatory manner, the qualifications, skill and reliability to perform the tasks required. For the purposes of this Article and Article seniority shall be defined as a reduction in the length hours of continuous service with work or number of employees. The Employer shall give the Employeraffected, calculated from and the date when Union, notice of layoff in writing as provided in the appropriate legislation but not less than thirty (30) working days. If the employee was last hired by has not had the Employer. For opportunity to work the purposes of this Article, days provided in clause the length of continuous and unbroken service by an employee at the Boniface Elevator with Elders Grain and All State Grain shall be recognized as service with paid for the Employer provided the employee accepted employment with the Employer as of May and has been continuously employed with the Employer since that datedays for which work was not available. In the case of event it becomes necessary to reduce the workforce, the with the least seniority at that affected location will be laid off, provided that the retained are qualified to perform the work available. However, the laid off will be entitled to: Displace an employee who was once with less seniority in the employ same job classification within the District. Displace an employee with less seniority in a job classification the laid off employee is qualified to perform within the District. Displace the employee with the least seniority in the lowest job classification within the District. In applying clause of the EmployerArticle, but who resigned or was discharged or whose employment was terminatedit must be understood it will be done in accordance with the District Seniority List and the employees retained must be qualified and competent to perform the work available in order that the operation will remain effective, seniority shall date from efficient and with the most recent date minimum of employmentdisruption. An employee shall not acquire with seniority rights until has completed the required probationary period, or extended probationary period, as the case who is forced to accept a transfer to another location may be, as defined accept a layoff in Article An employee who successfully completes the probationary period shall be placed on the seniority list at that time, backdated preference to date of initial hire. An employee’s seniority shall be forfeited with no obligation on the Employer accepting a transfer to rehire such employee in the event of any one of the following occurrences: If quits voluntarily; or If is discharged for just cause and is not reinstated under the grievance and arbitration procedure; or After obtaining an authorized leave of absence, fails to report to work at the expiration of leave of absence, or as provided in this Agreement; or After having been on continuous layoff for a period of twelve months more; or if,while on an authorized leave of absence, the employee takes employment elsewhere contrary to the terms of this Agreement; or If fails to return to work at a time designated by the Employer when recalled following An employee on a paid leave of absence or on unpaid leave referred to in Articles and shall continue to accumulate seniority, vacation credits and other benefitsanother location. An employee on any leave of absence without pay or on layoff shall continue to maintain seniority and other benefits accumulated prior to taking the unpaid leave of absence or being laid off but shall not further accumulate seniority, vacation benefits or in accordance with clause must accept a recall to any location provided that all other service benefitslaid off employees have been recalled. of layoff. Upon request, employees shall receive any accumulated vacation at It is understood that where more than one employee has exercised clause the time The period of layoff shall commence employee with the least seniority will be the first working day following recalled, unless an employee with more seniority has informed the completion Administrator of Employee Relations of intent, in writing, to accept the next vacancy. No new employees will be hired until those laid off within the previous two (2) years have been given an opportunity of re-employment. Notice of such opportunity of re-employment shall be made by telephone to the employee at latest address shown in the Employer's records said notice of opportunity of re- employment. Such notice may be in the same form as that posted for present employees. It shall be the responsibility of the vacation period. In order employee to qualify for recall, an employee must keep name, current address and telephone number on file with the Employer. The employee must be prepared to begin work at a time designated by the Employer. When recalled to work following a layoff, an employee on the layoff list shall be given a minimum of twenty-four (24) hours advance notice in which to report for work, such notice shall be by telephone and confirmed, where practical, by registered mail directed to the employee's last known address. When an employee receives notice of recall, must notify advise the Employer of intention any change of accepting address or rejecting the recall or will be terminated. Only regular full-time employees shall accumulate seniority; part-time employees shall not, seniority. However, if a part-time employee is subsequently made a regular full-time employee in the same classification service as part time employee in that classification shall be included in probationaryperiod and effective seniority date shall be based on eight hours of part-time work equalling one working of regular full-time employmenttelephone.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE LAYOFFS AND RECALLS. The parties recognize that job security should increase in proportion to length of service (seniority) and agree, in the case of A layoff and recall, that following a layoff employees with greater length of shall be entitled preference provided the senior employee to be retained or recalled, as the case may be, possesses, in the opinion of the Employer, which shall not be exercised in an arbitrary or discriminatory manner, the qualifications, skill and reliability to perform the tasks required. For the purposes of this Article and Article seniority shall be defined as a reduction in the length hours of continuous service with work or number of employees. The Employer shall give the Employeraffected, calculated from and the date when Union, notice of layoff in writing as provided in the appropriate legislation but not less than thirty (30) working days. If the employee was last hired by has not had the Employer. For opportunity to work the purposes of this Article, days provided in clause the length of continuous and unbroken service by an employee at the Boniface Elevator with Elders Grain and All State Grain shall be recognized as service with paid for the Employer provided the employee accepted employment with the Employer as of May and has been continuously employed with the Employer since that datedays for which work was not available. In the case of event it becomes necessary to reduce the workforce, the with the least seniority at that affected location will be laid off, provided that the retained are qualified to perform the work available. However, the laid off will be entitled to: Displace an employee who was once with less seniority in the employ same job classification within the District. Displace an employee with less seniority in a job classification the laid off employee qualified to perform within the District. Displace the employee with the least seniority in the lowest job classification within the District. In applying clause of the EmployerArticle, but who resigned or was discharged or whose employment was terminatedit must be understood it will be done in accordance with the District Seniority List and the employees retained must be qualified and competent to perform the work available in order that the operation will remain effective, seniority shall date from efficient and with the most recent date minimum of employmentdisruption. An employee shall not acquire with seniority rights until has completed the required probationary period, or extended probationary period, as the case who is forced to accept a transfer to another location may be, as defined accept a layoff in Article An employee who successfully completes the probationary period shall be placed on the seniority list at that time, backdated preference to date of initial hire. An employee’s seniority shall be forfeited with no obligation on the Employer accepting a transfer to rehire such employee in the event of any one of the following occurrences: If quits voluntarily; or If is discharged for just cause and is not reinstated under the grievance and arbitration procedure; or After obtaining an authorized leave of absence, fails to report to work at the expiration of leave of absence, or as provided in this Agreement; or After having been on continuous layoff for a period of twelve months more; or if,while on an authorized leave of absence, the employee takes employment elsewhere contrary to the terms of this Agreement; or If fails to return to work at a time designated by the Employer when recalled following An employee on a paid leave of absence or on unpaid leave referred to in Articles and shall continue to accumulate seniority, vacation credits and other benefitsanother location. An employee on any leave of absence without pay or on layoff shall continue to maintain seniority and other benefits accumulated prior to taking the unpaid leave of absence or being laid off but shall not further accumulate seniority, vacation benefits or in accordance with clause must accept a recall to any location provided that all other service benefitslaid off employees have been recalled. of layoff. Upon request, employees shall receive any accumulated vacation at It is understood that where more than one employee has exercised clause the time The period of layoff shall commence employee with the least seniority will be the first working day following recalled, unless an employee with more seniority has informed the completion Administrator of Employee Relations of intent, in writing, to accept the next vacancy. No new employees will be hired until those laid off within the previous two (2) years have been given an opportunity of re-employment. Notice of such opportunity of re-employment shall be made by telephone to the employee at latest address shown in the Employer's records said notice of opportunity of re-employment. Such notice may be in the same form as that posted for present employees. It shall be the responsibility of the vacation period. In order employee to qualify for recall, an employee must keep name, current address and telephone number on file with the Employer. The employee must be prepared to begin work at a time designated by the Employer. When recalled to work following a layoff, an employee on the layoff list shall be given a minimum of twenty-four (24) hours advance notice in which to report for work, such notice shall be by telephone and confirmed, where practical, by registered mail directed to the employee's last known address. When an employee receives notice of recall, must notify advise the Employer of intention any change of accepting address or rejecting telephone. The Union may have the recall or will be terminated. Only regular full-time employees shall accumulate seniority; part-time employees shall not, seniority. However, if use of a part-time employee is subsequently made a regular full-time employee bulletin board in the same classification service as part time employee in that classification plant premises for the purpose of posting notices relating to the Union's business. All correspondence between the parties, arising out of this Agreement or incidental thereto, shall be included addressed as follows: To the Employer: Administrator of Employee Relations, Bluewater District School Board. To the Union: Recording Secretary. The Union will notify the employer in probationaryperiod writing of the name and effective seniority date shall be based on eight hours address and of part-any change that may occur from time work equalling one working of regular full-time employmentto time.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE LAYOFFS AND RECALLS. When layoffs of Employees are to be made, the Employer shall determine which jobs are to be left vacant or abolished and the number of Employees to be laid off. The parties recognize that Company shall advise employees and the union, by way of a notice posted in the workplace, five (5) weeks in advance of the proposed layoff. In lieu of such notice, the Company shall pay an affected employee five (5) weeks pay or a combination of pay and notice. Employees who are displaced in accordance with article shall be deemed to have received notice of layoff at the time of the posted notice. The Company may offer a senior employee within an affected job security should increase in proportion or classification a voluntary separation package as part of a work force reduction program. The Company agrees to length of service (seniority) and agreeconsider an application from a senior employee, in the case of layoff and recallan affected job or classification, that following a layoff employees with greater length of shall be entitled preference provided the senior employee who may wish to volunteer to be retained laid off if it would prevent the layoff of a junior employee. Where Employees are to be laid off from a job, such layoffs shall proceed in inverse order of seniority from within the same job, provided that no Employee is to be displaced by a more senior Employee unless the latter meets the qualifications for the position. A full time Employee to whom notice of xxxxxx has been given may apply seniority to another job at the same or recalled, lower wage level provided possesses the qualification requirements as the case may be, possesses, in the opinion of set by the Employer, which shall not be exercised in an arbitrary or discriminatory manner, the qualifications, skill and reliability to perform the tasks required. For the purposes of this Article and Article seniority shall be defined as the length of continuous service with the Employer, calculated from the date when the employee was last hired by the Employer. For the purposes of this Article, the length of continuous and unbroken service by an employee at the Boniface Elevator with Elders Grain and All State Grain shall be recognized as service with the Employer provided the employee accepted employment with the Employer as of May and has been continuously employed with the Employer since that date. In the case of an employee who was once in the employ of the Employer, but who resigned or was discharged or whose employment was terminated, seniority shall date from the most recent date of employment. An employee shall not acquire seniority rights until has completed the required probationary period, or extended probationary period, as the case may be, as defined in Article An employee who successfully completes the probationary period shall be placed on the seniority list at that time, backdated to date of initial hire. An employee’s seniority shall be forfeited with no obligation on the Employer to rehire such employee in the event of any one of the following occurrences: If quits voluntarily; or If is discharged for just cause and is not reinstated capable of efficiently performing the job to which they wish to apply their seniority, within a four (4) week familiarization period. Employees who are eligible to displace another employee but elect to be laid off from their employment shall, in addition to the payments under the grievance and arbitration procedure; or After obtaining an authorized leave Article receive one additional week of absence, fails severance pay per year of service to report to work at the expiration of leave of absence, or as provided in this Agreement; or After having been on continuous layoff for a period maximum of twelve months more; or if,while on an authorized leave (12) additional weeks of absence, the employee takes employment elsewhere contrary severance An Employee who wishes to the terms of this Agreement; or If fails to return to work at a time designated by the Employer when recalled following An employee on a paid leave of absence or on unpaid leave referred to in Articles and exercise bumping rights shall continue to accumulate seniority, vacation credits and other benefits. An employee on any leave of absence without pay or on layoff shall continue to maintain seniority and other benefits accumulated prior to taking the unpaid leave of absence or being laid off but shall not further accumulate seniority, vacation benefits or other service benefits. of layoff. Upon request, employees shall receive any accumulated vacation at the time The period of layoff shall commence the first working day following the completion of the vacation period. In order to qualify for recall, an employee must keep name, current address and telephone number on file with the Employer. The employee must be prepared to begin work at a time designated by the Employer. When recalled to work following a layoff, an employee on the layoff list shall be given a minimum of twenty-four (24) hours advance notice in which to report for work, such notice shall be by telephone and confirmed, where practical, by registered mail directed to the employee's last known address. When an employee receives notice of recall, must notify the Employer of intention of accepting or rejecting the recall or will be terminated. Only regular full-time employees shall accumulate seniority; part-time employees shall not, seniority. However, if a part-time employee is subsequently made a regular full-time employee in the same classification service as part time employee in that classification shall be included in probationaryperiod and effective seniority date shall be based on eight hours of part-time work equalling one working of regular full-time employment.do so within four

Appears in 1 contract

Samples: Collective Agreement

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