Common use of FORCE ADJUSTMENT Clause in Contracts

FORCE ADJUSTMENT. LAYOFF, PART-TIMING, AND RECALL 1 Layoffs and Part-Timing (a) Prior to any regular employee being laid off or part-timed pursuant to this Article, temporary and term employees in the same job title, same Organization, and GCA shall be work completed. However, such temporary or term employees may be retained or employed temporarily to meet peak load situations or other temporary situations unless there are qualified volunteers from among those at-risk employees in the same job title, same Organization and GCA scheduled to be laid off who will assume the duties of the temporary or term employees. (b) In the event that further force adjustments by means of layoff are deemed by the Company to be necessary, the Union shall be advised by the Company as to its proposed plan for accomplishing such further force adjustments sixty (60) days before the adjustment is to become effective. During the first forty-five (45) calendar days of the sixty (60) day period, the Union may offer the Company, in writing, a plan to accomplish the force adjustments deemed by the Company to be required. If the Union's plan meets the foregoing requirements, the Company agrees to consider the plan proposed by the Union. If no such written plan is received by the Company from the Union within said forty-five (45) days, or if the parties are unable to agree upon a plan, the Company will proceed with the force adjustments according to the plan the Company proposed. (c) Whenever such force adjustments are accomplished by layoffs, such layoffs shall be among those regular employees in the same Organization having the same job title, in the GCA. Layoffs shall be in inverse order of seniority except that employees who (1) have been assigned to a management title, other than as a result of a temporary promotion, for a continuous period of twelve (12) or more months prior to their most recent return to the bargaining unit and (2) whose most recent return to the bargaining unit from a management title other than one arising from a temporary promotion is within twelve (12) months of a declaration of surplus in the bargaining unit title in the GCA and Organization to which they are assigned at the time of the surplus declaration (hereinafter referred to as a returning manager), shall be laid off prior to any other employee in the same title in the same Organization and the same GCA being laid off. The Company may retain three percent (3%) of the total employees in the same job title within the same Organization in any GCA despite lesser seniority. In each GCA, when the provisions of this Article are implemented, at least one (1) employee may be protected. An individual may only be protected two (2) times during the life of the Agreement. (d) When employees other than a returning manager (as described in Paragraph 1(c)) in the affected job title within the same Organization of the Company in the GCA (as identified in Paragraph 1) who have five (5) or more years net credited service are notified by the Company that they are to be laid off, those employees shall have the right to select in order of seniority, another job from a list of jobs with the same job title, in the same Organization of the Company held by employees having the least seniority within the employee's Force Adjustment Region (as outlined in the note below) provided (1) the selecting employee is qualified to perform the selected job; (2) the employee holding the selected job is not one of the employees designated for retention by the Company in accordance with Paragraph 1(c) above; and (3) the employee holding the selected job has less seniority than the selecting employee. The list of jobs held by the least senior employees identified above shall not be greater than the number of jobs declared surplus, or the number of employees who have indicated a desire to select from this list another job within the applicable Force Adjustment Region, whichever is less. (e) When the affected title exists in only one GCA within a Force Adjustment Region, the provisions of 1(d) will apply as if the Force Adjustment Regions were the entire country.

FORCE ADJUSTMENT. LAYOFF, PART-TIMING, AND RECALL 1 Layoffs and Part-Timing (a) Prior to any regular employee being laid off or part-timed pursuant to this Article, temporary and term employees in the same job title, same Organization, and GCA shall be work completed. However, such temporary or term employees may be retained or employed temporarily to meet peak load situations or other temporary situations unless there are qualified volunteers from among those at-risk employees in the same job title, same Organization and GCA scheduled to be laid off who will assume the duties of the temporary or term employees. (b) In the event that further force adjustments by means of layoff are deemed by the Company to be necessary, the Union shall be advised by the Company as to its proposed plan for accomplishing such further force adjustments sixty (60) days before the adjustment is to become effective. During the first forty-five (45) calendar days of the sixty (60) day period, the Union may offer the Company, in writing, a plan to accomplish the force adjustments deemed by the Company to be required. If the Union's ’s plan meets the foregoing requirements, the Company agrees to consider the plan proposed by the Union. If no such written plan is received by the Company from the Union within said forty-five (45) days, or if the parties are unable to agree upon a plan, the Company will proceed with the force adjustments according to the plan the Company proposed. (c) Whenever such force adjustments are accomplished by layoffs, such layoffs shall be among those regular employees in the same Organization having the same job title, in the GCA. Layoffs shall be in inverse order of seniority except that employees who (1) have been assigned to a management title, other than as a result of a temporary promotion, for a continuous period of twelve (12) or more months prior to their most recent return to the bargaining unit and (2) whose most recent return to the bargaining unit from a management title other than one arising from a temporary promotion is within twelve (12) months of a declaration of surplus in the bargaining unit title in the GCA and Organization to which they are assigned at the time of the surplus declaration (hereinafter referred to as a returning manager), shall be laid off prior to any other employee in the same title in the same Organization and the same GCA being laid off. The Company may retain three percent (3%) of the total employees in the same job title within the same Organization in any GCA despite lesser seniority. In each GCA, when the provisions of this Article are implemented, at least one (1) employee may be protected. An individual may only be protected two (2) times during the life of the Agreement. (d) When employees other than a returning manager (as described in Paragraph 1(c)) in the affected job title within the same Organization of the Company in the GCA (as identified in Paragraph 1) who have five (5) or more years net credited service are notified by the Company that they are to be laid off, those employees shall have the right to select in order of seniority, another job from a list of jobs with the same job title, in the same Organization of the Company held by employees having the least seniority within the employee's ’s Force Adjustment Region (as outlined in the note below) provided provided (1) the selecting employee is qualified to perform the selected job; (2) the employee holding the selected job is not one of the employees designated for retention by the Company in accordance with Paragraph 1(c) above; and (3) the employee holding the selected job has less seniority than the selecting employee. The list of jobs held by the least senior employees identified above shall not be greater than the number of jobs declared surplus, or the number of employees who have indicated a desire to select from this list another job within the applicable Force Adjustment Region, whichever is less. (e) When the affected title exists in only one GCA within a Force Adjustment Region, the provisions of 1(d) will apply as if the Force Adjustment Regions were the entire country.

FORCE ADJUSTMENT. LAYOFF11.01 When any condition arises which reduces the work load to the extent that, PARTin the Company's opinion, force adjustment is warranted, the Company shall endeavour to reach agreement with the Union as to whether a plan of part-TIMINGtiming, AND RECALL 1 Layoffs and Partlay-Timingoffs or a combination of the two shall be put into effect. 11.02 In the event that an agreement as to a plan cannot be reached under subsection 11.01, the Company may proceed on a plan of lay-off to the extent it deems necessary. 11.03 It is expressly understood, however, that if the Company proceeds on a plan of lay-off as prescribed in this Article, negotiations toward an agreement relating to a force adjustment plan shall be resumed at any time at the request of either party. Similarly, after agreement has been reached as to a plan of force adjustment, either party may resume negotiations at any time in an effort to obtain agreement upon modifications of the plan then in effect. (a) Prior In the event of a lay-off pursuant to any regular employee being laid off or sections 11.01 and 11.02, it shall be carried out in the following order: (i) Probationary employees (ii) Contractors of the affected work location, when the present employees have the required skills and the Company has the necessary tools and equipment available to perform, on a competitive basis, the work required to be done. (iii) Regular part-timed pursuant to this Article, temporary and term time employees in the same job title, same Organization, and GCA shall be work completed. However, such temporary or term employees may be retained or employed temporarily to meet peak load situations or other temporary situations unless there are qualified volunteers from among those at(iv) Regular full-risk employees in the same job title, same Organization and GCA scheduled to be laid off who will assume the duties of the temporary or term time employees. (b) In Once the event that further force adjustments by means of layoff are deemed by the Company to be necessarylay-off is in effect, the Union no employee shall be advised by hired or transferred into the Company as to its proposed plan for accomplishing such further force adjustments sixty (60) days before affected work location until the adjustment is to become effective. During the first forty-five (45) calendar days end of the sixty (60) day lay-off period, the Union may offer the Company, in writing, a plan to accomplish the force adjustments deemed by the Company to be required. If the Union's plan meets the foregoing requirements, the Company agrees to consider the plan proposed by the Union. If no such written plan is received by the Company from the Union within said forty-five (45) days, or if the parties are unable to agree upon a plan, the Company will proceed with the force adjustments according to the plan the Company proposed. (c) Whenever such force adjustments are accomplished by layoffs, such layoffs 11.05 The following procedures shall be among those applied in laying off regular employees in the same Organization having the same job title, in the GCA. Layoffs shall be in inverse order of seniority except that employees whoaccordance with section 11.04: (1) have been assigned The most junior employee(s) in the affected classification within the work location, will be identified as surplus provided those to a management title, other than as a result be retained on the basis of a temporary promotion, for a continuous period of twelve (12) or more months prior seniority are qualified to their most recent return to perform the bargaining unit and work remaining. (2) whose most recent return The identified surplus employee will have the option of accepting lay-off or a reassignment. Any reassignment in these circumstances shall be made by the Company only if the employee is qualified and fit to perform the bargaining unit from required work, and provided that such assignment can be made without displacing a management title other than one arising from a temporary promotion is within twelve (12) months of a declaration of surplus more senior employee. The reassignment shall be made only in the bargaining unit title in following order: (a) by displacing the GCA and Organization to which they are assigned at the time of the surplus declaration (hereinafter referred to as a returning manager), shall be laid off prior to any other most junior employee in the same title in the same Organization and the same GCA being laid off. The Company may retain three percent (3%) of the total employees in the same job title classification, within the same Organization work location, provided the employee is qualified and fit to perform the required work. (b) by displacing the most junior employee in any GCA despite lesser seniority. a lower classification, within the same work location, provided the employee is qualified and fit to perform the required work. (3) The Company will attempt to place, in accordance with subsection 11.05 (2), each of the identified surplus employees commencing with the most senior. (4) Those employees eventually constituting the final surplus list shall be laid off. (5) In each GCAthe event of a layoff of a regular employee, when who cannot be assigned in accordance with the provisions of this Article are implemented, at least one process outlined in (1) employee may be protected. An individual may only be protected two ), (2) times during the life or (3) of the Agreement. (d) When employees other than a returning manager (as described in Paragraph 1(c)) in the affected job title within the same Organization of the Company in the GCA (as identified in Paragraph 1) who have five (5) or more years net credited service are notified by the Company that they are this section 11.05 may choose to be laid offtransferred to a role in his classification in another reporting center adjacent to his own, those employees shall have provided the right to select in order of seniority, another job from a list of jobs with the same job title, in the same Organization of the Company held by employees having the least seniority within the employee's Force Adjustment Region (as outlined in the note below) provided (1) the selecting employee is qualified to perform the selected job; work required to be done and provided such assignment can be made without displacing a more senior employee. (26) the Any regular full-time employee holding the selected job is not one of the employees designated for retention by the Company reassigned to a lower classification, in accordance with Paragraph 1(cparagraph (b) above; and of subsection 11.05 (32), shall continue to be paid at his previous salary rate for the duration of the employee’s statutory notice period as provided by the Ontario Employment Standards Act, 2000 as may be amended from time to time. 11.06 The Company agrees to provide the Union with the following information as soon as possible after such information becomes available: (a) the employee holding the selected job has less seniority than the selecting employee. The a list of jobs held by the least senior employees identified above shall not be greater than the number of jobs declared surplus, or the number of all employees who have indicated a desire to select from this list another job within the applicable Force Adjustment Region, whichever is less.been identified as surplus including their classifications and work locations; (eb) When the affected title exists a list of all employees who have been displaced, including their previous classification and their new classification; (c) a final list of surplus employees who shall be laid off including their classification and work location; (d) a revised seniority list in only one GCA within a Force Adjustment Region, the provisions accordance with section 10.04 of 1(d) will apply as if the Force Adjustment Regions were the entire countrythis Agreement.