C LAYOFFS Sample Clauses

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C LAYOFFS. Any permanent employee laid off may have the selection of one of the two following options:

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• Layoffs Section 1. All employees will be laid off in line of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required. Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications. Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification. Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification. Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay. Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City. Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall

• LAYOFFS AND RECALL 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer. 16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained. a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to: i) Accept the lay-off and be recalled under the terms of the Collective Agreement or; ii) Displace the most junior permanent Educational Assistant in the Division. b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September. c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period. 16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job. 16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work. 16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof. 16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure. 16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours. 16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there. 16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.

• 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 immediately. (f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.

• Layoff A layoff is defined as any mandatory, permanent or prolonged reduction in the number of full-time or part-time nurses employed by the Medical Center. A layoff may also occur if there is a mandatory reduction in scheduled hours or change of shift. Where skill, competence, ability and experience are substantially equal in the opinion of the Employer, seniority shall be the determining factor when utilizing this layoff procedure. The Employer will give the Association, the local unit chairperson and the affected full-time and part-time nurses at least thirty (30) calendar days’ advance written notice of a layoff or pay in lieu thereof, based on scheduled hours missed. As soon as practical thereafter, the Employer will provide the Association with a roster listing all bargaining unit nurses, their seniority, unit, shift and hours worked per pay period. Upon request, the parties will meet for the purpose of reviewing the procedure to be utilized and the order of layoff. If the Employer determines a layoff to be necessary, the following procedures shall be followed: 6.2.1 The Employer shall identify the unit(s), shift(s) and number of FTEs which will be subject to layoff. The position(s) of the least senior nurse(s) on the unit and shift to be eliminated to accomplish the required FTE reduction on that unit and shift will be identified. Those nurses whose positions have been eliminated shall be considered “displaced nurses”. The Local Unit Chairperson or designee, if available, shall be present when displaced nurses are given their bumping options. The Local Unit Chairperson or designee’s time off shall not be paid. 6.2.2 Displaced nurses, by seniority, shall have the following options: a. A displaced nurse wishing to remain on his/her unit may bump into the position of either the least senior full-time or the least senior part-time nurse on the nurse’s unit; or

• Temporary Layoffs A. The Employer may initiate a temporary layoff for up to twelve (12) working days per fiscal year. Employees will be given thirty (30) days’ notice before the effective date of a temporary layoff. Employees may request alternative temporary layoff days from their manager or supervisor and any requests will be considered and approved or denied in writing. B. A temporary layoff will not affect an employee’s incremental movement, vacation and sick leave accrual rates, or seniority. C. A temporary layoff is leave without pay. An employee may not use any leave for a temporary layoff day(s).

• PLANT CLOSURE 29.01 In the event the Company closes the plant at the Cambridge location as a result of the loss of business or a discontinuation of all operations, severance pay will be calculated at one (1) week’s regular pay per year of service. The severance payment, so calculated, is inclusive of any severance payment required by the Ontario Employment Standards Act (Revised 2000). This agreement is not applicable to a sale of the business or if the closure is occasioned by a labour dispute.

• Industrial Accident and Illness Leave For accidents or illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisions: 12.6.1 Allowable leave shall be sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident. 12.6.2 Allowable leave shall not be accumulated from year to year. 12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence. 12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. 12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award. 12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury. 12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary. 12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants. 12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state. 12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.

• Role of Seniority in Layoffs (a) Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their bargaining-unit-wide seniority, providing that the retained employees are able to perform the available work. (b) The layoff process will occur in accordance with the Layoff/Recall Policy and Procedures. In no case may this policy override a right or condition outlined within this Collective Agreement.

• Christmas Closedown 15.1 It is agreed that whenever annual leave is taken in conjunction with the Christmas/New Year period (as per Calendar in sub-clause 2.11), it is to be taken in accordance with the following procedure. 15.2 Employees who have not accrued sufficient pro rata annual leave prior to commencement of the Christmas/New Year period, may be granted leave without pay by their Employer to give that employee at least the minimum leave of absence required. 15.3 Where the Employer decides to close a site over the Christmas/New Year period for any period in excess of the agreed minimum closedown, up to and including 20 Annual Leave days, then the Employer shall give at least 2 months’ notice to employees as per the relevant Award. Employees who have no, or insufficient, accrued annual leave equal to the period of the closure, may be granted leave without pay for that period. 15.4 Notwithstanding anything elsewhere contained in this Agreement, the Employer may require any employee to work in unforeseen or emergency circumstances during the Christmas period. 15.5 Where an employee requests that annual leave be allowed in one continuous period at Christmas, such a request shall not be unreasonably refused. 15.6 It is a breach of this Agreement and the Award for an employee to be paid his/her full accrual, or part thereof, of annual leave at Christmas or any other time, unless that employee takes such annual leave or his/her employment is terminated. Employment is not to be terminated for reasons of avoidance of this clause.

• Annual Leave Loading During a period of annual leave an employee will receive a loading of 17.5 per cent calculated on the employee’s normal hourly rate of pay and the daily fares allowance if applicable. The loading will also apply to proportionate leave on lawful termination.