Common use of Conditions with Respect to Layoff Clause in Contracts

Conditions with Respect to Layoff. a) A layoff for the purpose of this Plan is any layoff resulting from a reduction in the workforce, or temporary layoff, or from the discontinuance of a plant or operation if the employee is not entitled to benefits under Article 6 of this Pension Plan and Severance Award Agreement dated February 20, 1971 or successor agreement, or a layoff occurring or continuing because the employee was unable to do the work offered by the Company although able to perform other work in the location to which he/she would have been entitled if he/she had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on layoff occurring in a reduction in the workforce. b) An employee's layoff for all or part of any week will be deemed qualifying for Plan purposes only if: (1) such layoff was from the Bargaining Unit; (2) such layoff was not for disciplinary reasons, and was not a consequence of: (i) any strike, slowdown, work stoppage, picketing (whether or not by employees), or concerted action at a Company plant or plants, or any dispute of any kind involving employees or other persons employed by the Company and represented by the Union whether at a company plant or plants or elsewhere; any war or hostile act of a foreign power (but not government regulation or controls connected therewith); (ii) sabotage or insurrection, or (iii) any act of God, provided however this subsection (iv) shall not apply to the first two weeks of layoff resulting from such cause; At the end of any legal strike by employees, the Company and the Union shall mutually agree as to the period of time necessary for normal start-up which shall be incorporated as part of any strike settlement memorandum. After such period of time an employee will not be disqualified for S.U.B. solely because of such strike. (3) with respect to such week the employee did not refuse to accept work when recalled pursuant to the Collective Labour Agreement and did not refuse an offer by the Company of other available work, which he/she had no option to refuse under the Collective Labour Agreement; provided, however, that where maintenance employees refuse production work it will not disqualify them under this subparagraph (3); (4) with respect to such week the employee was not eligible for and was not claiming: (i) any accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she received or could have received while working full time); or (ii) any Company pension or retirement benefits; and (iii) with respect to such week, the employee was not in military service or on military leave. c) If, with respect to some but not all of his/her regular work days in a week, an employee is ineligible for a benefit by reason of subparagraph (b )(2) or

Appears in 2 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement

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Conditions with Respect to Layoff. (a) A layoff for the purpose purposes of this Plan is includes any Seniority layoff except an inverse Seniority layoff resulting from a reduction in the workforceforce, or temporary layoff, or including a layoff resulting from the discontinuance of a plant Facility or operation if the employee is not entitled to benefits under Article 6 of this Pension Plan an operation, and Severance Award Agreement dated February 20, 1971 or successor agreement, or a any layoff occurring or continuing because the employee Employee was unable to do the work Work offered by the Company Company, although able to perform other work Work in the location Facility to which he/she the Employee would have been entitled if he/she the Employee had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on layoff occurring in a reduction in the workforceSeniority. (b) An employeeEmployee's layoff for all or part of any week will Week shall be deemed qualifying for purposes of this Plan purposes only if: (1) such layoff was for the entire Week; (2) such layoff was from the Bargaining Unit; (23) such layoff was not for disciplinary reasons, and was not a consequence of: (i) any strike, slowdown, work Work stoppage, picketing (whether or not by employeesEmployees), or concerted action action, at a Company plant Facility or plantsFacilities, or any dispute of any kind involving employees or other persons employed by the Company and represented by the Union Employees, whether at a company plant Company Facility or plants Facilities or elsewhere; , (ii) any fault attributable to the Employee, (iii) any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, (iiiv) sabotage (including but not limited to arson) or insurrection, or, (iiiv) any act of God, provided however or (vi) the sale of a Company Facility to another employer and the Employee did not receive an offer of employment from the new employer; (4) the Employee is not eligible to receive a monthly pension or a monthly Retirement benefit other than a deferred pension or a deferred Retirement benefit under any other Company Plan or program then in effect and at the time such layoff became effective did not meet the minimum age and creditable service requirements for, or was not offered, special early Retirement under the Retirement Pension Plan applicable to Employees in his/her Bargaining Unit; (5) at a time when the Employee was on an otherwise qualifying layoff for purposes of this subsection (iv) shall not apply to Plan or after having been advised that he/she would be placed on such a layoff in the first two weeks of layoff resulting from such cause; At the end of any legal strike by employeesfuture, the Employee did not refuse or fail to appear for an employment interview or related pre-employment physical examination (unless for Good Cause) or refuse any offer of employment (including employment with the Company and outside the Union shall mutually agree as to Bargaining Unit) which the Employee was then capable of performing at another Company Facility, or at the Company Facility where he/she last Worked, the acceptance of which could have avoided, delayed or reduced the period of time necessary the layoff that otherwise would have qualified the Employee for normal start-up which shall be incorporated as part IMP Benefits, except that until two (2) years immediately following the Employee's last day Worked, or if less, the last day of any strike settlement memorandum. After such period of time an employee will not be disqualified eligibility for S.U.B. solely because of such strike. (3) with respect to such week a regular Supplemental Unemployment Benefit, the employee did not refuse to accept work when recalled pursuant to the Collective Labour Agreement and did not Employee may refuse an offer by the Company of other available work, which he/she had no option has a right to refuse under the Collective Labour AgreementAgreement covering Employees in his/her Bargaining Unit and still remain eligible for a Regular Benefit under the applicable Supplemental Unemployment Benefit Plan. If the employment or employment interview which was refused is at a different Company Facility which is more than eighty (80) kilometers from the Employee's address of record for purposes of the Plan and from the Company Facility where the Employee last Worked or is currently Working for the Company, the Employee shall not be ineligible hereunder unless with respect to an employment offer the Company shall have offered to pay a Relocation Allowance, or with respect to an employment interview, the Company offers to pay reasonable expenses actually incurred to attend the interview; provided, however, that an otherwise eligible Employee may refuse either a Company offer of employment in a province other than the province in which the Company Facility where maintenance employees refuse production work it will not disqualify them under this subparagraph (3); (4) the Employee last Worked or is currently Working for the Company is located, or a temporary part-time position with the Company and with respect to either such week the employee was not refusal will remain eligible for and was not claiming: (i) any accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she received or could have received while working full time); or (ii) any Company pension or retirement benefitsIMP Benefits; and (iii6) with respect to such week, the employee was not in military service or on military leave. c) If, with respect to some but not all of Employee retains his/her regular work days Seniority under the Collective Agreement covering Employees in a week, an employee is ineligible for a benefit by reason of subparagraph (b )(2) orhis/her Bargaining Unit.

Appears in 2 contracts

Samples: Supplemental Agreement, Agreement Concerning the Supplemental Unemployment Benefit Plan, the Separation Payment Plan, and the Automatic Short Week Benefit Plan

Conditions with Respect to Layoff. (a) A layoff for the purpose of this Plan is includes any reduction in force such as a temporary layoff or model change layoff, a layoff resulting from a reduction in the workforce, or temporary layoff, or from the discontinuance of a plant Plant or operation if the employee is not entitled to benefits under Article 6 of this Pension Plan and Severance Award Agreement dated February 20, 1971 or successor agreementoperation, or a layoff occurring or continuing because the employee Employee was unable to do the work offered by the Company although able to perform other work in the location to which he/she the Employee would have been entitled if he/she the Employee had had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on Seniority, or a layoff occurring in a reduction or continuing because the Employee, although not totally disabled, was physically unable to perform any work in the workforceBargaining Unit or Plant. (b) An employeeEmployee's layoff for all or part of any week Week will be deemed qualifying for Plan purposes only if: (1) such layoff was from the Bargaining Unit; (2) such layoff was not for disciplinary reasons, and was not a consequence of: (i) any strike, slowdown, work stoppage, picketing (whether or not by employeesEmployees), or concerted action action, at a Company plant Plant or plantsPlants, or any dispute of any kind kind, involving employees or other persons employed by the Company and represented by the Union Employees whether at a company plant Company Plant or plants Plants or elsewhere; , (ii) any fault attributable to the Employee, (iii) any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, (iiiv) sabotage (including but not limited to arson) or insurrection, or (iiiv) any act of God, provided however provided, however, this subsection (ivv) shall not apply to any Short Work Week or to the first two weeks 2 consecutive full Weeks of layoff for which a Regular Benefit is payable in any period of layoff resulting from such cause; At the end of any legal strike by employees, the Company and the Union shall mutually agree as to the period of time necessary for normal start-up which shall be incorporated as part of any strike settlement memorandum. After such period of time an employee will not be disqualified for S.U.B. solely because of such strike.; (3) with respect to such week Week the employee Employee did not refuse to accept work when recalled pursuant to the Collective Labour Bargaining Agreement and did not refuse an offer by the Company of other available work, which he/she the Employee had no option to refuse under the Collective Labour AgreementBargaining Agreement at the same plant, or at another plant in the same labour market area as may be agreed upon by the parties; provided, however, that where maintenance employees refuse production refusal by Skilled Trades Employees to accept work it will outside the Skilled Trades classifications shall not disqualify them under this subparagraph (3)result in ineligibility for a Regular Benefit; (4) with respect to such week Week the employee Employee was not eligible for and was not claiming: (i) any statutory or Company accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she the Employee received or could have received while working full time, or a partial Workers' Compensation benefit which the Employee received while not totally disabled and while ineligible for a sickness and accident benefit under the Insurance Program); or (ii) any Company pension or retirement benefits; andbenefit. (iii) with respect to such week, the employee was not in military service or on military leave. c) If, If an Employee is ineligible for a Regular Benefit or Levelling Week Benefit by reason of Section (2)(b)(2) or (2)(b)(4) above with respect to some but not all of his/her the regular work days in a weekWeek, an employee and is ineligible otherwise eligible for a benefit by Regular Benefit or Levelling Week Benefit, the Employee will be entitled to a reduced Regular Benefit payment as provided in Section (1)(b) of Article II. (d) The determination of eligibility under this Article shall be based upon the reason for the applicant's last separation from the Company, except that a layoff of subparagraph (b )(2) oran Employee during their probationary period at one Plant while retaining Seniority at another Plant shall not be disqualifying if the Employee was separated because the Employee was unsuited for, or unable to do, work available.

Appears in 1 contract

Samples: Supplemental Unemployment Benefit Plan Agreement

Conditions with Respect to Layoff. (a) A layoff for the purpose purposes of this Plan is includes any layoff resulting from a reduction in the workforce, force or temporary layoff, or from the discontinuance of a plant Plant or operation if the employee is not entitled to benefits under Article 6 of this Pension Plan and Severance Award Agreement dated February 20, 1971 or successor agreementoperation, or a layoff occurring or continuing because the employee Employee was unable to do the work offered by the Company although able to perform other work in the location Plant to which he/she he would have been entitled if he/she he had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on Seniority, or a layoff occurring or continuing because the Employee, although not totally disabled was physically unable to perform any work in a reduction in the workforcehis Bargaining Unit or Plant. (b) An employee's Employee’s layoff for all or part of any week will be deemed qualifying for Plan purposes only ifif the following conditions are met: (1) such layoff was from the Bargaining Unit;; and (2) such layoff was not for disciplinary reasons, and was not a consequence of: (i) any strike, slowdown, work stoppage, picketing (whether or not by employeesEmployees), or concerted action action, at a Company plant an FCA US LLC Plant or plantsPlants, or any dispute of any kind kind, involving employees or other persons employed by the Company and represented by the Union Employees whether at a company plant an FCA US LLC Plant or plants Plants or elsewhere; , or (ii) any fault attributable to the Employee, or (iii) any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, or (iiiv) sabotage or insurrection, or (iiiv) any act of God, provided however provided, however, this subsection Subsection (ivv) shall not apply to any Short Workweek or the first two 2 consecutive full weeks of layoff for which a Regular Benefit is payable in any period of layoff resulting from such cause; At the end of any legal strike by employees, the Company and the Union shall mutually agree as to the period of time necessary for normal start-up which shall be incorporated as part of any strike settlement memorandum. After such period of time an employee will not be disqualified for S.U.B. solely because of such strike.and (3) with respect to such week the employee Employee did not refuse to accept work when recalled pursuant to the Collective Labour Bargaining Agreement and did not refuse an offer by the Company of other available work, work at a Plant which he/she is in the same Labor Market Area and at which he has Seniority and which he had no option to refuse under the Collective Labour Bargaining Agreement, or of other available work as defined in the Collective Bargaining Agreement at another Plant in the same Labor Market Area; provided, however, that where maintenance employees refuse production work it will not disqualify them under this subparagraph (3);and (4) with respect to such week the employee Employee was not eligible for and was not claiming: (i) any statutory or Company accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she he received or could have received while working full time, and except a lost time benefit which he received under a workers’ compensation law or other law providing benefits for occupational injury or disease, while not totally disabled and while ineligible for a sickness and accident benefit under the Life, Disability and Health Care Benefits Program); or (ii) any Company pension or retirement benefitsbenefit; and (iii5) with respect to such week, week the employee Employee was not in military service (other than short term active duty of 30 days or less including required military training, in a National Guard, Reserve or similar unit) or on a military leave. (c) IfIf an Employee is on short term active duty of 30 days or less, for required military training in a National Guard, Reserve or similar unit and is ineligible under the Collective Bargaining Agreement for pay from the Company for all or part of such period solely because he would be on a qualifying layoff but for such active duty, he will be deemed to be on a qualifying layoff, for the determination of eligibility for not more than two Regular Benefits in a calendar year, provided, however, that this two Regular Benefit limitation shall not apply to short term active duty of 30 days or less because he was called to active service in the National Guard by state or federal authorities in case of public emergency. (d) If an Employee is eligible for a Leveling Week Benefit or is ineligible for a Benefit by reason of Section (3)(b)(2) or (3)(b)(4) above with respect to some but not all of his/her his regular work days in a week, an employee and is ineligible otherwise eligible for a benefit Benefit, he will be entitled to a reduced Benefit payment as provided in Section (1)(c) of Article II. (e) The determination of eligibility under this Article shall be based upon the reason for the applicant’s last separation from the Company, except that a layoff of an Employee during his probationary period at one Plant while retaining his Seniority at another Plant shall not be disqualifying if the Employee was separated because he was unsuited for, or unable to do, work available. (f) If an Employee enters the Armed Services of the United States directly from the employ of the Company, he shall while in such service be deemed, for purposes of the Plan, to be on leave of absence and shall not be entitled to any Benefit. This Section shall not affect the payment of Benefits to any Employee referred to in Section 3 (c) of Article I. (g) An Employee who attempts to return to work from sick leave of absence or military leave on or after December 16, 2019 and for whom there is no work available in line with his Seniority and who is placed on layoff status, shall be deemed to have been “at work” on or after December 16, 2019. (h) If, with respect to a week, or with respect to any prior week during the Employee’s same continuous period of layoff from the Company, the Employee willfully misrepresents any material fact in connection with an application by reason him for Benefits under the Plan, the Employee shall be disqualified for Benefits for all weeks of subparagraph (b )(2) orlayoff thereafter during the same continuous period of layoff from the Company.

Appears in 1 contract

Samples: Supplemental Unemployment Benefit Plan

Conditions with Respect to Layoff. (a) A layoff for the purpose purposes of this Plan is includes any layoff resulting from a reduction in the workforce, or force such as a temporary layoff, or from the discontinuance of a plant Plant or operation if the employee is not entitled to benefits under Article 6 of this Pension Plan and Severance Award Agreement dated February 20, 1971 or successor agreementoperation, or a layoff occurring or continuing because the employee Employee was unable to do the work offered by the Company although able to perform other work in the location Plant to which he/she the Employee would have been entitled if he/she such Employee had had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on layoff occurring in a reduction in the workforceSeniority. (b) An employeeEmployee's layoff for all or part of any week Week will be deemed qualifying for Plan purposes only if: (1) such layoff was from the Bargaining Unit; (2) such layoff was not for disciplinary reasons, and was not a consequence of: (i) any strike, slowdown, work stoppage, picketing (whether or not by employeesEmployees), or concerted action action, at a Company plant Plant or plantsPlants, or any dispute of any kind involving employees Employees or other persons employed by the Company and represented by the Union whether at a company plant Company Plant or plants Plants or elsewhere; , (ii) any fault attributable to the Employee, (iii) any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, (iiiv) sabotage (including but not limited to arson) or insurrection, or (iiiv) any act of God; provided, provided however however, this subsection (ivv) shall not apply to any Short Work Week or to the first two weeks 2 consecutive full Weeks of layoff for which a Regular Benefit is payable in any period of layoff resulting from such cause; At the end of any legal strike by employees, the Company and the Union shall mutually agree as to the period of time necessary for normal start-up which shall be incorporated as part of any strike settlement memorandum. After such period of time an employee will not be disqualified for S.U.B. solely because of such strike.; (3) with respect to such week Week the employee Employee did not refuse to accept work when recalled pursuant to the Collective Labour Bargaining Agreement and did not refuse an offer by the Company of other available work, work in the same Plant (or at another Plant in the same labour market area as was agreed upon by the parties) which he/she the Employee had (or would have had) no option to refuse under the Collective Labour AgreementLocal Seniority Agreement(s) of the Bargaining Unit(s) in which the Employee had Seniority; provided, however, that where maintenance employees refuse production refusal by skilled Tool and Die, Maintenance and Construction or Power House Employees or apprentices of work it will other than work in Tool Room Departments, Maintenance Departments and Power House Departments, respectively, shall not disqualify them under this subparagraph (3)result in ineligibility for a Regular Benefit; (4) with respect to such week Week the employee Employee was not eligible for and was not claiming: (i) any statutory or Company accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she the Employee received or could have received while working full time, or a partial Workers' Compensation benefit which the Employee received while not totally disabled and while ineligible for a sickness and accident benefit under the Insurance Program); or (ii) any Company pension or retirement benefits; andretirement (iii) with respect to such week, the employee was not in military service or on military leave. c) If, with respect to some but not all of his/her the Employee’s regular work days in a weekWeek, an employee Employee is ineligible for a benefit Regular Benefit by reason of subparagraph (b b)(2) or (b)(4) of this Section (and is otherwise eligible for a Regular Benefit)(2, or if, with respect to some but not all of the Employee’s days of qualifying layoff in a Week, the Employee is eligible for a Regular Benefit payable with respect to a Levelling Week, such Employee will be entitled to a reduced Regular Benefit payment as provided in Section 1(b) orof Article II.

Appears in 1 contract

Samples: Supplemental Agreement

Conditions with Respect to Layoff. (a) A layoff for the purpose purposes of this Plan is includes any layoff resulting from a reduction in the workforce, force or temporary layoff, or from the discontinuance of a plant Plant or operation if the employee is not entitled to benefits under Article 6 of this Pension Plan and Severance Award Agreement dated February 20, 1971 or successor agreementoperation, or a layoff occurring or continuing because the employee Employee was unable to do the work offered by the Company although able to perform other work in the location Plant to which he/she he would have been entitled if he/she he had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on Seniority, or a layoff occurring or continuing because the Employee, although not totally disabled was physically unable to perform any work in a reduction in the workforcehis Bargaining Unit or Plant. (b) An employee's Employee’s layoff for all or part of any week will be deemed qualifying for Plan purposes only ifif the following conditions are met: (1) such layoff was from the Bargaining Unit;; and (2) such layoff was not for disciplinary reasons, and was not a consequence of: (i) any strike, slowdown, work stoppage, picketing (whether or not by employeesEmployees), or concerted action action, at a Company plant an FCA US LLC Plant or plantsPlants, or any dispute of any kind kind, involving employees or other persons employed by the Company and represented by the Union Employees whether at a company plant an FCA US LLC Plant or plants Plants or elsewhere; , or (ii) any fault attributable to the Employee, or (iii) any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, or (iiiv) sabotage or insurrection, or (iiiv) any act of God, provided however provided, however, this subsection Subsection (ivv) shall not apply to any Short Workweek or the first two 2 consecutive full weeks of layoff for which a Regular Benefit is payable in any period of layoff resulting from such cause; At the end of any legal strike by employees, the Company and the Union shall mutually agree as to the period of time necessary for normal start-up which shall be incorporated as part of any strike settlement memorandum. After such period of time an employee will not be disqualified for S.U.B. solely because of such strike.and (3) with respect to such week the employee Employee did not refuse to accept work when recalled pursuant to the Collective Labour Bargaining Agreement and did not refuse an offer by the Company of other available work, work at a Plant which he/she is in the same Labor Market Area and at which he has Seniority and which he had no option to refuse under the Collective Labour Bargaining Agreement, or of other available work as defined in the Collective Bargaining Agreement at another Plant in the same Labor Market Area; provided, however, that where maintenance employees refuse production work it will not disqualify them under this subparagraph (3);and (4) with respect to such week the employee Employee was not eligible for and was not claiming: (i) any statutory or Company accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she he received or could have received while working full time, and except a lost time benefit which he received under a workers’ compensation law or other law providing benefits for occupational injury or disease, while not totally disabled and while ineligible for a sickness and accident benefit under the Life, Disability and Health Care Benefits Program); or (ii) any Company pension or retirement benefitsbenefit; and (iii5) with respect to such week, week the employee Employee was not in military service (other than short term active duty of 30 days or less including required military training, in a National Guard, Reserve or similar unit) or on a military leave. (c) IfIf an Employee is on short term active duty of 30 days or less, for required military training in a National Guard, Reserve or similar unit and is ineligible under the Collective Bargaining Agreement for pay from the Company for all or part of such period solely because he would be on a qualifying layoff but for such active duty, he will be deemed to be on a qualifying layoff, for the determination of eligibility for not more than two Regular Benefits in a calendar year, provided, however, that this two Regular Benefit limitation shall not apply to short term active duty of 30 days or less because he was called to active service in the National Guard by state or federal authorities in case of public emergency. (d) If an Employee is eligible for a Leveling Week Benefit or is ineligible for a Benefit by reason of Section (3)(b)(2) or (3)(b)(4) above with respect to some but not all of his/her his regular work days in a week, an employee and is ineligible otherwise eligible for a benefit Benefit, he will be entitled to a reduced Benefit payment as provided in Section (1)(c) of Article II. (e) The determination of eligibility under this Article shall be based upon the reason for the applicant’s last separation from the Company, except that a layoff of an Employee during his probationary period at one Plant while retaining his Seniority at another Plant shall not be disqualifying if the Employee was separated because he was unsuited for, or unable to do, work available. (f) If an Employee enters the Armed Services of the United States directly from the employ of the Company, he shall while in such service be deemed, for purposes of the Plan, to be on leave of absence and shall not be entitled to any Benefit. This Section shall not affect the payment of Benefits to any Employee referred to in Section 3 (c) of Article I. (g) An Employee who attempts to return to work from sick leave of absence or military leave on or after November 20, 2023 and for whom there is no work available in line with his Seniority and who is placed on layoff status, shall be deemed to have been “at work” on or after November 20, 2023. (h) If, with respect to a week, or with respect to any prior week during the Employee’s same continuous period of layoff from the Company, the Employee willfully misrepresents any material fact in connection with an application by reason him for Benefits under the Plan, the Employee shall be disqualified for Benefits for all weeks of subparagraph (b )(2) orlayoff thereafter during the same continuous period of layoff from the Company.

Appears in 1 contract

Samples: Supplemental Unemployment Benefit Plan

Conditions with Respect to Layoff. (a) A layoff for the purpose purposes of this Plan is includes any layoff resulting from a reduction in the workforce, force or temporary layoff, or from the discontinuance of a plant Plant or operation if the employee is not entitled to benefits under Article 6 of this Pension Plan and Severance Award Agreement dated February 20, 1971 or successor agreementoperation, or a layoff occurring or continuing because the employee Employee was unable to do the work offered by the Company although able to perform other work in the location Plant to which he/she he would have been entitled if he/she he had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on Seniority, or a layoff occurring or continuing because the Employee, although not totally disabled was physically unable to perform any work in a reduction in the workforcehis Bargaining Unit or Plant. (b) An employee's Employee’s layoff for all or part of any week will be deemed qualifying for Plan purposes only if: (1) such layoff was from the Bargaining Unit; (2) such layoff was not for disciplinary reasons, and was not a consequence of: (i) any strike, slowdown, work stoppage, picketing (whether or not by employeesEmployees), or concerted action FCA US LLC action, at a Company plant an Plant or plantsPlants, or any dispute of any kind kind, involving employees or other persons employed by the Company and represented by the Union Employees whether at a company plant an FCA US LLC Plant or plants Plants or elsewhere; , (ii) any fault attributable to the Employee, (iii) any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, (iiiv) sabotage or insurrection, or (iiiv) any act of God, provided however provided, however, this subsection Subsection (ivv) shall not apply to any Short Workweek or the first two 2 consecutive full weeks of layoff for which a Regular Benefit is payable in any period of layoff resulting from such cause; At the end of any legal strike by employees, the Company and the Union shall mutually agree as to the period of time necessary for normal start-up which shall be incorporated as part of any strike settlement memorandum. After such period of time an employee will not be disqualified for S.U.B. solely because of such strike.; (3) with respect to such week the employee Employee did not refuse to accept work when recalled pursuant to the Collective Labour Bargaining Agreement and did not refuse an offer by the Company of other available work, work at a Plant which he/she is in the same Labor Market Area and at which he has Seniority and which he had no option to refuse under the Collective Labour Bargaining Agreement; provided, however, that where maintenance employees refuse production or of other available work it will not disqualify them under this subparagraph (3);as defined in the Collective Bargaining Agreement at another Plant in the same Labor Market Area. (4) with respect to such week the employee Employee was not eligible for and was not claiming: (i) any statutory or Company accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she he received or could have received while working full time, and except a lost time benefit which he received under a workers’ compensation law or other law providing benefits for occupational injury or disease, while not totally disabled and while ineligible for a sickness and accident benefit under the Life, Disability and Health Care Benefits Program); or (ii) any Company pension or retirement benefitsbenefit; and (iii5) with respect to such week, week the employee Employee was not in military service (other than short term active duty of 30 days or less including required military training, in a National Guard, Reserve or similar unit) or on a military leave. (c) IfIf an Employee is on short term active duty of 30 days or less, for required military training in a National Guard, Reserve or similar unit and is ineligible under the Collective Bargaining Agreement for pay from the Company for all or part of such period solely because he would be on a qualifying layoff but for such active duty, he will be deemed to be on a qualifying layoff, for the determination of eligibility for not more than two Regular Benefits in a calendar year, provided, however, that this two Regular Benefit limitation shall not apply to short term active duty of 30 days or less because he was called to active service in the National Guard by state or federal authorities in case of public emergency. (d) If an Employee is eligible for a Leveling Week Benefit or is ineligible for a Benefit by reason of Section (3)(b)(2) or (3)(b)(4) above with respect to some but not all of his/her his regular work days in a week, an employee and is ineligible otherwise eligible for a benefit Benefit, he will be entitled to a reduced Benefit payment as provided in Section (1)(c) of Article II. (e) The determination of eligibility under this Article shall be based upon the reason for the applicant’s last separation from the Company, except that a layoff of an Employee during his probationary period at one Plant while retaining his Seniority at another Plant shall not be disqualifying if the Employee was separated because he was unsuited for, or unable to do, work available. (f) If an Employee enters the Armed Services of the United States directly from the employ of the Company, he shall while in such service be deemed, for purposes of the Plan, to be on leave of absence and shall not be entitled to any Benefit. This Section shall not affect the payment of Benefits to any Employee referred to in Section 3 (c) of Article I. (g) An Employee who attempts to return to work from sick leave of absence or military leave on or after October 22, 2015 and for whom there is no work available in line with his Seniority and who is placed on layoff status, shall be deemed to have been "at work" on or after October 22, 2015. (h) If, with respect to a week, or with respect to any prior week during the Employee’s same continuous period of layoff from the Company, the Employee willfully misrepresents any material fact in connection with an application by reason him for Benefits under the Plan, the Employee shall be disqualified for Benefits for all weeks of subparagraph (b )(2) orlayoff thereafter during the same continuous period of layoff from the Company.

Appears in 1 contract

Samples: Production, Maintenance & Parts Depot Office, Clerical and Engineering Agreements

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Conditions with Respect to Layoff. (a) A layoff for the purpose purposes of this Plan is includes any Seniority layoff except an inverse Seniority layoff resulting from a reduction in the workforceforce, or temporary layoff, or including a layoff resulting from the discontinuance of a plant Facility or operation if the employee is not entitled to benefits under Article 6 of this Pension Plan an operation, and Severance Award Agreement dated February 20, 1971 or successor agreement, or a any layoff occurring or continuing because the employee Employee was unable to do the work offered by the Company Company, although able to perform other work in the location Facility to which he/she the Employee would have been entitled if he/she the Employee had had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on layoff occurring in a reduction in the workforceSeniority. (b) An employeeEmployee's layoff for all or part of any week will Week shall be deemed qualifying for purposes of this Plan purposes only if: (1) such layoff was for the entire Week; (2) such layoff was from the Bargaining Unit; (23) such layoff was not for disciplinary reasons, and was not a consequence of: (i) any strike, slowdown, work stoppage, picketing (whether or not by employeesEmployees), or concerted action action, at a Company plant Facility or plantsFacilities, or any dispute of any kind involving employees or other persons employed by the Company and represented by the Union Employees, whether at a company plant Company Facility or plants Facilities or elsewhere; , (ii) any fault attributable to the Employee, (iii) any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, (iiiv) sabotage (including but not limited to arson) or insurrection, or, (iiiv) any act of God, provided however or (vi) the sale of a Company Facility to another employer and the Employee did not receive an offer of employment from the new employer; (4) the Employee is not eligible to retire under any Company pension or retirement program except under the General Motors Canadian Hourly-Rate Employees Pension Plan, Article I, Section 2(a)(4); (5) at a time when the Employee was on an otherwise qualifying layoff for purposes of this subsection (iv) shall not apply to Plan or after having been advised that the first two weeks of Employee would be placed on such a layoff resulting from such cause; At in the end of any legal strike by employeesfuture, the Employee did not refuse or fail to appear for an employment interview or related pre- employment physical examination (unless for Good Cause) or refuse any offer of employment (including employment with the Company and outside the Union shall mutually agree as to Bargaining Unit) which the Employee was then capable of performing at another Company Facility, or at the Company Facility where the Employee last Worked, the acceptance of which could have avoided, delayed or reduced the period of time necessary the layoff that otherwise would have qualified the Employee for normal start-up which shall be incorporated as part IMP Benefits, except that until two (2) years immediately following the Employee's last day Worked, or if less, the last day of any strike settlement memorandum. After such period of time an employee will not be disqualified eligibility for S.U.B. solely because of such strike. (3) with respect to such week a regular CSUBenefit, the employee did not refuse to accept work when recalled pursuant to the Collective Labour Agreement and did not Employee may refuse an offer by which the Company of other available work, which he/she had no option Employee has a right to refuse under the Collective Labour AgreementLocal Seniority Agreement(s) of the Bargaining Unit(s) in which such Employee has Seniority, and still remains eligible for a regular benefit under the CSUB Plan. If the employment or employment interview which was refused is at a different Company Facility which is more than eighty (80) kilometers from the Employee's address of record for purposes of the Plan and from the Company Facility where the Employee last worked or is currently working for the Company, the Employee shall not be ineligible hereunder unless with respect to an employment offer the Company shall have offered to pay a Relocation Allowance, or with respect to an employment interview, the Company offers to pay reasonable expenses actually incurred to attend the interview; provided, however, that an otherwise eligible Employee may refuse either a Company offer of employment in a Province other than the Province in which the Company Facility where maintenance employees refuse production work it will not disqualify them under this subparagraph (3); (4) the Employee last worked or is currently working for the Company is located, or a temporary part-time position with the Company and with respect to either such week the employee was not refusal will remain eligible for and was not claiming: (i) any accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she received or could have received while working full time); or (ii) any Company pension or retirement benefitsIMP Benefits; and (iii6) with respect to such week, the employee was not in military service or on military leaveEmployee retains Years of Seniority under the Collective Bargaining Agreement. c) If, with respect to some but not all of his/her regular work days in a week, an employee is ineligible for a benefit by reason of subparagraph (b )(2) or

Appears in 1 contract

Samples: Supplemental Agreement

Conditions with Respect to Layoff. (a) A layoff for purposes of the purpose of this Plan is includes any reduction in force such as a temporary layoff or model change layoff, a layoff resulting from a reduction in the workforce, or temporary layoff, or from the discontinuance of a plant Plant or operation if the employee is not entitled to benefits under Article 6 of this Pension Plan an operation, and Severance Award Agreement dated February 20, 1971 or successor agreement, or a any layoff occurring or continuing because the employee Employee was unable to do the work offered by the Company although able to perform other work in the location Plant to which he/she would have been entitled if he/she had had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on Seniority or, a layoff occurring or continuing because the Employee, although not totally disabled, was physically unable to perform any work in a reduction in the workforcehis/her Bargaining Unit or Plant. (b) An employeeEmployee's layoff for all or part of any week will Week shall be deemed qualifying for Plan purposes only if: (1i) such layoff Layoff was from the Bargaining Unit; (2ii) such layoff was not for disciplinary reasons, and was not a consequence of: (i1) any strike, slowdown, work stoppage, picketing (whether or not by employeesEmployees), or concerted action action, at a Company plant company Plant or plantsPlants, or any dispute of any kind involving employees or other persons employed by the Company and represented by the Union Employees, whether at a company plant Plant or plants Plants or elsewhere; , (2) any fault attributable to the Employee, (3) any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, (ii4) sabotage (including but not limited to arson) or insurrection, or (iii5) any act of God; provided, provided however however, that this subsection (ivsection 1.02(b)(ii)(5) shall not apply to any Automatic Short Week Benefit or to the first two (2) consecutive full weeks of layoff for which a Regular Benefit is payable in any period of layoff resulting from such cause; At the end of any legal strike by employees, the Company and the Union shall mutually agree as to the period of time necessary for normal start-up which shall be incorporated as part of any strike settlement memorandum. After such period of time an employee will not be disqualified for S.U.B. solely because of such strike.; (3iii) with respect to such week Week the employee Employee did not refuse to accept work when recalled pursuant to the Collective Labour Agreement and did not refuse an offer offered by the Company of other available work, which he/she had no option to refuse under the provisions of the Collective Labour Agreement; , provided, however, that where maintenance employees refuse production refusal by skilled Tool & Die, Maintenance and Construction or Powerhouse Employees or Apprentices of work it will other than work in their respective trades shall not disqualify them under this subparagraph (3);result in ineligibility for a Regular Benefit. (4iv) with respect to such week Week the employee Employee was not eligible for for, and was not claiming: (i1) any statutory or Company accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she received or could have received while working full time, or a partial Workers' Compensation benefit which he/she received while not totally disabled and while ineligible for a sickness and accident benefit under the Insurance Program); , or (ii2) any Company company pension or retirement benefits; andbenefit. (iii) with respect to such week, the employee was not in military service or on military leave. c) If, If an Employee is eligible for a Levelling Week Benefit or is ineligible for a Regular Benefit by reason of section 1.02(b)(ii) or section 1.02(b)(iv) with respect to some but not all of his/her regular work days workdays in a weekWeek, an employee and is ineligible otherwise eligible for a benefit by reason of subparagraph (b Regular Benefit, he/she shall be entitled to a reduced Regular Benefit payment as provided in section 2.01(b)(2) or.

Appears in 1 contract

Samples: Supplemental Unemployment Benefit Agreement

Conditions with Respect to Layoff. (a) A layoff for purposes of the purpose of this Plan is includes any layoff resulting from a reduction in the workforce, force or temporary layoff, or including a layoff resulting from the discontinuance of a plant Plant or operation an operation, and if before the employee is not entitled to benefits under Article 6 effective date of this Pension Plan and Severance Award the 2007 Agreement dated February 20, 1971 or successor agreement, or a any layoff occurring or continuing con- tinuing because the employee Employee was unable to do the work offered by the Company although able to perform other work in the location Plant to which he/she he would have been entitled if he/she he had had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on layoff occurring in a reduction in the workforceSeniority. (b) An employee's Employee’s layoff for all or part of any week will Week shall be deemed qualifying for Plan purposes only if: (1) such layoff was from the Bargaining Contract Unit; (2) such layoff was not for disciplinary reasons, and was not a consequence of: (i) any strike, slowdown, work stoppage, picketing (whether or not by employeesEmployees), or concerted action action, at a Company plant Plant or plantsPlants, or any dispute of any kind involving employees or other persons employed by the Company and represented by the Union Employees, whether at a company plant Company Plant or plants Plants or elsewhere; else- where, (ii) any fault attributable to the Employee, (iii) any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, (iiiv) sabotage (including but not limited to arson) or insurrection, or, (iiiv) any act Act of God; provided, provided however however, that this subsection Subparagraph (ivv) shall not apply to any Auto- matic Short Week Benefit or to the first two (2) consecutive full weeks of layoff resulting from such cause; At the end for which a ARTICLE I ELIGIBILITY FOR BENEFITS (vi) act of any legal strike by employees, the Company and the Union shall mutually agree as to the period of time necessary for normal start-up which shall be incorporated as part of any strike settlement memorandum. After such period of time an employee will not be disqualified for S.U.B. solely because of such strike.terrorism; (3) with respect to such week Week the employee Employee did not refuse to accept work when recalled pursuant to the Collective Labour Agreement Bargaining Agreement, and did not refuse an offer by the Company of other available work, which he/she he had no option to refuse under the provi- sions of an applicable Collective Labour AgreementBargaining Agree- ment, at the same Plant or at another Plant in the same labor market area (as defined by the State Employment Security Commission of the state in which the Plant from which he was laid off is located); provided, however, that where maintenance employees refuse production refusal by skilled Tool and Die, Maintenance and Construction or Power House Employees or apprentices of work it will other than work in Tool Room Departments, Mainte- xxxxx Departments and Power House Departments, respectively, shall not disqualify them under this subparagraph (3)result in ineligibility for a benefit; (4) with respect to such week Week the employee Employee was not eligible for for, and was not claiming: (i) any statutory or Company accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she he received or could have received while working full time, and except a lost time benefit which he received under a Workers’ Compensa- tion law or other law providing benefits for occupational injury or disease, while not totally disabled and while ineligible for an accident and sickness benefit under the Insurance Program); , or (ii) any Company pension or retirement benefitsbenefit; and (iii5) with respect to such week, Week the employee Employee was not in military service (other than short-term active duty of thirty (30) days or less, including required military training, in a National Guard, Reserve or similar unit) or on a military leave. (c) IfIf an Employee is on short-term active duty of thirty (30) days or less, for required military training, in a National ARTICLE I ELIGIBILITY FOR BENEFITS (d) If an Employee is eligible for a Leveling Week Benefit or is ineligible for a Benefit by reason of Subsection (b)(2) or Subsection (b)(4) of this Section with respect to some but not all of his/her his regular work days in a weekWeek, an employee and is ineligible otherwise eligible for a benefit Benefit, he shall be entitled to a reduced Benefit payment as provided in Section 1(b) of Article II. (e) If an Employee enters the Armed Services of the United States directly from the employ of the Company, he shall while in such service be deemed, for purposes of the Plan, to be on leave of absence and shall not be entitled to any Benefit. This Section shall not affect the payment of Benefits to any Employee referred to in Section 3 (c) of Article I. (f) An Employee who attempts to return to work from medical leave of absence or military leave on or after October 29, 1990 and for whom there is no work available in line with his Seniority and who is placed on layoff status, shall be deemed to have been ‘‘at work’’ on or after October 29, 1990. (g) If, with respect to a Week, or with respect to any prior Week during the Employee’s same continuous period of layoff from the Company, the Employee willfully misrep- resents any material fact in connection with an applica- tion by reason him for Benefits under the Plan, the Employee shall be disqualified for Benefits for all Weeks of subparagraph (b )(2) orlayoff thereafter during the same continuous period of layoff from the Company.

Appears in 1 contract

Samples: Supplemental Unemployment Benefit Agreement, Profit Sharing Agreement, Tax Efficient Savings Agreement, Uaw Ford Legal Services Plan

Conditions with Respect to Layoff. (a) A layoff for purposes of the purpose of this Plan is includes any layoff resulting from a reduction in the workforce, force or temporary layoff, or including a layoff resulting from the discontinuance of a plant Plant or operation an operation, and if before the employee is not entitled to benefits under Article 6 effective date of this Pension Plan and Severance Award the 2015 Agreement dated February 20, 1971 or successor agreement, or a any layoff occurring or continuing because the employee Employee was unable to do the work offered by the Company although able to perform other work in the location Plant to which he/she he would have been entitled if he/she the Employee had had sufficient seniority. Medically restricted employees awaiting suitable placement will be considered on layoff occurring in a reduction in the workforceSeniority. (b) An employee's Employee’s layoff for all or part of any week will Week shall be deemed qualifying for Plan purposes only if: (1) such Such layoff was from the Bargaining Contract Unit; (2) such Such layoff was not for disciplinary reasons, and was not a consequence of: (i) any Any strike, slowdown, work stoppage, picketing (whether or not by employeesEmployees), or concerted action action, at a Company plant Plant or plantsPlants, or any dispute of any kind involving employees or other persons employed by the Company and represented by the Union Employees, whether at a company plant Company Plant or plants Plants or elsewhere; any , (ii) Any fault attributable to the Employee, (iii) Any war or hostile act of a foreign power (but not government regulation or controls connected therewith);, (iiiv) sabotage Sabotage (including but not limited to arson) or insurrection, or, (iiiv) any act Any Act of God; provided, provided however however, that this subsection Subparagraph (ivv) shall not apply to any Automatic Short Week Benefit or to the first two (2) consecutive full weeks of layoff for which a Regular Benefit is payable in any period of layoff resulting from such cause; At the end , or (vi) Act of any legal strike by employees, the Company and the Union shall mutually agree as to the period of time necessary for normal start-up which shall be incorporated as part of any strike settlement memorandum. After such period of time an employee will not be disqualified for S.U.B. solely because of such strike.terrorism; (3) with With respect to such week Week the employee Employee did not refuse to accept work when recalled pursuant to the Collective Labour Agreement Bargaining Agreement, and did not refuse an offer by the Company of other available work, which he/she the Employee had no option to refuse under the provisions of an applicable Collective Labour Bargaining Agreement, at the same Plant or at another Plant in the same labor market area (as defined by the State Employment Security Commission of the state in which the Plant from which the Employee was laid off is located); provided, however, that where maintenance employees refuse production refusal by skilled Tool and Die, Maintenance and Construction or Power House Employees or apprentices of work it will other than work in Tool Room Departments, Maintenance Departments and Power House Departments, respectively, shall not disqualify them under this subparagraph (3)result in ineligibility for a benefit; (4) with With respect to such week Week the employee Employee was not eligible for for, and was not claiming: (i) any Any statutory or Company accident or sickness or any other disability benefit (except a Canada Pension Plan disability benefit to a medically restricted employee waiting suitable placement under the terms of the applicable Collective Labour Agreement or except a benefit which he/she the Employee received or could have received while working full time, and except a lost time benefit which he received under a Workers’ Compensation law or other law providing benefits for occupational injury or disease, while not totally disabled and while ineligible for an accident and sickness benefit under the Insurance Program); , or (ii) any Any Company pension or retirement benefitsbenefit; and (iii5) with With respect to such week, Week the employee Employee was not in military service (other than short-term active duty of thirty (30) days or less, including required military training, in a National Guard, Reserve or similar unit) or on a military leave. (c) IfIf an Employee is on short-term active duty of thirty (30) days or less, for required military training, in a National Guard, Reserve or similar unit and is ineligible under the Collective Bargaining Agreement for pay from the Company for all or part of such period solely because he would be on a qualifying layoff but for such active duty, he will be deemed to be on a qualifying layoff, for the determination of eligibility for not more than two Regular Benefits in a calendar year, provided, however, that this two Regular Benefit limitation shall not apply to short-term active duty of thirty (30) days or less because he was called to active service in the National Guard, Reserve or similar unit by state or Federal authorities in case of public emergency. (d) If an Employee is eligible for a Leveling Week Benefit or is ineligible for a Benefit by reason of Subsection (b)(2) or Subsection (b)(4) of this Section with respect to some but not all of his/her his regular work days in a weekWeek, an employee and is ineligible otherwise eligible for a benefit Benefit, he shall be entitled to a reduced Benefit payment as provided in Section 1(b) of Article II. (e) If an Employee enters the Armed Services of the United States directly from the employ of the Company, he shall while in such service be deemed, for purposes of the Plan, to be on leave of absence and shall not be entitled to any Benefit. This Section shall not affect the payment of Benefits to any Employee referred to in Section 3 (c) of Article I. (f) An Employee who attempts to return to work from medical leave of absence or military leave on or after October 29, 1990 and for whom there is no work available in line with his Seniority and who is placed on layoff status, shall be deemed to have been “at work” on or after October 29, 1990. (g) If, with respect to a Week, or with respect to any prior Week during the Employee’s same continuous period of layoff from the Company, the Employee willfully misrepresents any material fact in connection with an application by reason him for Benefits under the Plan, the Employee shall be disqualified for Benefits for all Weeks of subparagraph (b )(2) orlayoff thereafter during the same continuous period of layoff from the Company.

Appears in 1 contract

Samples: Supplemental Unemployment Benefit Agreement, Profit Sharing Agreement, Tax Efficient Savings Agreement, Legal Services Plan

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