Common use of DISCHARGES AND LAYOFFS Clause in Contracts

DISCHARGES AND LAYOFFS. (a) The Employer shall not discharge or discriminate against an employee for upholding Union principles, for serving on a committee of the Union or any organization affiliated therewith, or for refusing to purchase stocks, bonds, securities, or any interest in the Employer's busi­ ness should Employer be operating as an individual, firm, company, partnership, joint stock company or corpora­ tion. (b) T E R M IN A T IO N : Regular employees who work on three (3) days per week or more shall be given three (3) working days notice of dismissal or discharge, or the equivalent pay, except when such dismissal or discharge has been for cause such as insubordination, disorderly or improper conduct. Employees who work on two (2) days per week shall be given two (2) working days notice for discharge under like conditions. In all cases, the day on which such notice is given shall not be counted unless the notice is given before the day's work begins. (A regular employee is one who has been in the continuous employ of a single Employer for a period of ninety (90) days or longer.) (c) W O R K P E R F O R M A N C E : Employees shall per­ form their work in a workmanlike manner as directed by the Employer. Nothing contained in this Agreement shall limit the right of the Employer to discharge an employee for just cause. Upon severance of employment of any employee, the Employer shall within 24 hours thereafter notify the Union of such resignation, lay-off or discharge. If discharge is for cause, the Employer agrees to submit the reasons therefor to the Union upon re­ quest. (d) SEN IO R IT Y: In layoffs and rehiring, seniority shall govern when ability xxx performance are substantially equal; provided that before any employee having senior­ ity shall be laid off or terminated on the ground that his ability or performance is not equal to that of junior em­ ployees, such senior employee shall be advised by the Employer and given a reasonable opportunity to improve his work. Employees shall be entitled to preference in choice of vacation, by seniority within each classification.

DISCHARGES AND LAYOFFS. Section 1 - No employee with seniority shall be discharged except for just cause. The provisions of this Section shall not apply to personnel reductions for lack of work or to effect economies. (a) The Employer shall not discharge or discriminate against an employee for upholding Union principles, for serving on a committee must within two (2) weeks of the Union discharge file the grievance at the Third Step of the grievance procedure of Article XI or any organization affiliated therewith, or for refusing to purchase stocks, bonds, securities, or any interest in the Employer's busi­ ness should Employer grievance shall be operating as an individual, firm, company, partnership, joint stock company or corpora­ tionautomatically closed. (b) T E R M IN A T IO N : Regular employees who work on three (3) days per week or more shall If settlement at this level is not reached within one week, the matter must be given three (3) working days notice submitted to arbitration upon the request of dismissal or dischargethe Union, which request must be made in writing to the Company within said week, or the equivalent pay, except when such dismissal or discharge has been for cause such as insubordination, disorderly or improper conduct. Employees who work on two (2) days per week grievance shall be given two automatically closed. (2c) working days notice for discharge under like conditions. In all casesIf the matter is submitted to arbitration, the day on which such notice is given parties shall not be counted unless select the notice is given before arbitrator in accordance with the dayprocedure set forth in Article XI, and make a good faith effort to place the matteron the arbitrator's work begins. (A regular employee is one who has been in the continuous employ of a single Employer schedule , , for decision, all within a period of ninety (90) 30 days or longer.) (c) W O R K P E R F O R M A N C E : Employees shall per­ form their work in a workmanlike manner as directed by from the Employer. Nothing contained in this Agreement shall limit the right date of the Employer to discharge an employee request for just causearbitration. Upon severance This period of employment of any employee, the Employer shall within 24 hours thereafter notify the Union of such resignation, lay-off or discharge. If discharge is for cause, the Employer agrees to submit the reasons therefor to the Union upon re­ quest30 days may be extended by mutual agreement. (d) SEN IO R IT Y: In layoffs case of reinstatement, the total back-pay award allowable shall be limited to the full- time regular pay of the employee for the period he was off the payroll or for the period 20 ending thirty (30) days after the arbitration hearing, whichever period is shorter, less any gross earnings or unemployment compensation received or earned during such period. The employee shall make every reasonable effort to minimize his damages by seeking and rehiringobtaining gainful employment during the period he is off the payroll, and any back-pay award shall not include any time during which the employee has failed to meet this obligation. If the employee is disabled by sickness or injury during any part of such period, his rights during such period of disability shall be limited to the disability benefits to which he would have been entitled if he had remained on the payroll. (e) If the procedure above outlined is not followed as to a particular discharge or if the grievance as to such discharge is automatically closed in accordance with such procedure, neither the Union nor the individual employee who was discharged shall have the right to challenge such discharge, or the right to any back-pay award or other relief hereunder. (f) The arbitrator shall have latitude to modify a discharge to a layoff, for which no compensation shall be awarded. Section 2 - The Company agrees that no employee with seniority shall govern when ability xxx performance are substantially equal; provided that before any employee having senior­ ity shall be laid off demoted or terminated on the ground that discharged for general inefficiency or low standard of work unless he has been warned of his ability or performance is not equal shortcomings in advance of such demotion/discharge to that of junior em­ ployees, such senior employee shall be advised by the Employer and given afford him a reasonable opportunity to improve correct his workperformance to a level that meets written expectations. This limitation shall not prevent the Company from exercising it’s right to discipline any employee for just cause, up to and including termination. Section 3 - Except in cases mentioned in the preceding Section, an employee whose name is on the seniority list shall be given written notice on dismissal, stating the reasons for his termination two (2) weeks before the termination of his pay. A copy of any such notice shall be delivered to the Union without delay. Section 4 - When the Company, for any reason, elects to reduce the number of employees in any job classification, department or shift and to then either reassign those affected to other work or to effect a layoff from the plant, the following rules shall apply: (a) Certain jobs requiring special skills, training and/or experience have been identified as (RB) (Restricted Bumping) jobs. Employees holding title to these jobs will be restricted from being bumped by others unless they too possess the full skills and range of abilities to perform that work by virtue of their past experience and work in the same classification(s). Not withstanding the above, the employee may bump the least senior employee in any Code 09 (RB) classification of their choice, if he/she has the appropriate seniority and qualifications. If there are no employees in a Code 09 classification the least senior employee in a Code 10 (RB) classification of their choice may be bumped, if the employee exercising the option has the appropriate seniority and qualifications. The maximum number of employees that may be bumped in an RB classification shall be entitled twenty percent (20%) of a section/department. (b) Other than (RB) jobs, seniority, and qualifications, as contained in the job descriptions shall be the primary consideration in classification reductions, layoffs from the plant, and the bumping process. For maintenance positions that are non-(RB), seniority shall be the primary consideration in classification reductions, layoff from the plant, and the bumping process consistent with the understanding that an employee must possess the necessary ability and qualifications to preference perform any job to which they elect to move. Employees who are reduced or bumped in choice a reduction in force will first bump within the employee's own job classification and department. If the employee cannot so bump, then the employee may exercise his/her seniority plant wide, provided that should the employee elect to bump into a classification and department where there is more than one position, he/she may bump only the least senior employee in that classification and department. (c) Recall from layoff will be in reverse order subject to other applicable provisions governing recall, such as the severance pay provision of vacationArticle XIII. The above provisions serve to outline the broad manner in which general staffing adjustments are to be made. However, by should business conditions necessitate a significant reduction in the number of employees, and the “bumping” procedures as outlined above would materially affect the company’s ability to produce critical products, the Company and Union agree to meet and confer. The purpose of these discussions would be to develop alternative solutions that would allow the company more flexibility to continue to produce it’s critical products. Both parties recognize their commitments to seniority within each classificationand the qualifications needed to continue producing the critical products. Section 5 - Employees who claim a dependency related to drugs or alcohol during the disciplinary procedure will be eligible to participate in rehabilitation in accordance with current practices but may be accountable for their job performance or violation of company rules. Such accountability may subject him/her to discipline up to and including termination.

DISCHARGES AND LAYOFFS. Section 1 - No employee with seniority shall be discharged except for just cause. The provisions of this Section shall not apply to personnel reductions for lack of work or to effect economies. In the event an employee with seniority is discharged without just cause, he shall be reinstated without loss of pay, seniority, or other benefit, subject to the following limitations: (a) The Employer shall not discharge or discriminate against an employee for upholding Union principles, for serving on a committee must within two (2) weeks of the Union discharge file the grievance at the Third Step of the grievance procedure of Article XI or any organization affiliated therewith, or for refusing to purchase stocks, bonds, securities, or any interest in the Employer's busi­ ness should Employer grievance shall be operating as an individual, firm, company, partnership, joint stock company or corpora­ tionautomatically closed. (b) T E R M IN A T IO N : Regular employees who work on three (3) days per week or more shall If settlement at this level is not reached within one week, the matter must be given three (3) working days notice submitted to arbitration upon the request of dismissal or dischargethe Union, which request must be made in writing to the Company within said week, or the equivalent pay, except when such dismissal or discharge has been for cause such as insubordination, disorderly or improper conduct. Employees who work on two (2) days per week grievance shall be given two automatically closed. (2c) working days notice for discharge under like conditions. In all casesIf the matter is submitted to arbitration, the day parties shall select the arbitrator in accordance with the procedure set forth in Article XI, and make a good faith effort to place the matter on which such notice is given shall not be counted unless the notice is given before the dayarbitrator's work begins. (A regular employee is one who has been in the continuous employ of a single Employer schedule, for decision, all within a period of ninety (90) 30 days or longer.) (c) W O R K P E R F O R M A N C E : Employees shall per­ form their work in a workmanlike manner as directed by from the Employer. Nothing contained in this Agreement shall limit the right date of the Employer to discharge an employee request for just causearbitration. Upon severance This period of employment of any employee, the Employer shall within 24 hours thereafter notify the Union of such resignation, lay-off or discharge. If discharge is for cause, the Employer agrees to submit the reasons therefor to the Union upon re­ quest30 days may be extended by mutual agreement. (d) SEN IO R IT Y: In layoffs and rehiringthe case of reinstatement as a result of arbitration, seniority shall govern when ability xxx performance are substantially equal; provided that before any employee having senior­ ity the total back-pay award allowable shall be laid limited to the full-time regular pay of the employee for the period they were off the payroll or terminated for the period ending (30) thirty days after the transcript of the arbitration hearing is transmitted to the parties’ respective attorneys by the court reporter, whichever period is shorter, less any gross earning or unemployment compensation received or earned during such period. The employee shall make every reasonable effort to minimize his damages by seeking and obtaining gainful employment during the period he is off the payroll, and any back-pay award shall not include any time during which the employee has failed to meet this obligation. If the employee is disabled by sickness or injury during any part of such period, his rights during such period of disability shall be limited to the disability benefits to which he would have been entitled if he had remained on the ground that his ability or performance payroll. (e) If the procedure above outlined is not equal followed as to that of junior em­ ployeesa particular discharge or if the grievance as to such discharge is automatically closed in accordance with such procedure, neither the Union nor the individual employee who was discharged shall have the right to challenge such senior employee discharge, or the right to any back-pay award or other relief hereunder. (f) The arbitrator shall have latitude to modify a discharge to a layoff, for which no compensation shall be advised by the Employer and given a reasonable opportunity to improve his work. Employees shall be entitled to preference in choice of vacation, by seniority within each classificationawarded.