Common use of FORCE ADJUSTMENTS Clause in Contracts

FORCE ADJUSTMENTS. Section 19.01 Should the Company determine that a force reduction in a job title in a district is necessary due to adverse economic conditions or other reasons, the designated representatives of the Union and affected employees shall be notified by mail twenty-one (21) days in advance of the force reduction. The force adjustment shall be carried out in accordance with the following successive steps: a) Temporary employees shall be laid off first. b) Part-time employees shall be laid off in the inverse order of union seniority, shortest to longest. c) Regular employees shall be laid off in inverse order of Union seniority, shortest to longest. The Company may, at its option, determine that employees shall remain at work with a reduced work week. Section 19.02 The regular employees affected by the reduction in force may exercise their Union seniority rights in gaining continued employment in any location where they have Union seniority over an incumbent in a job title which they have previously held and are deemed fully qualified by the Company to perform with a maximum of forty (40) hours of on-the-job training and familiarization. Such rights must be exercised against the employee who has the least Union seniority in that job title. Employees who are not deemed qualified as described above are not eligible to exercise bumping rights. Section 19.03 Rehiring After Layoffs - Employees who are laid off must be rehired in the same jobs in inverse order in which they were laid off. The Company agrees that it will not hire any new employees until all laid off employees have had opportunity for re-employment with the Company for a period of nine (9) months. A refusal to accept a recall within the employee’s former job title and former district will result in termination. The Company, when requesting a laid-off employee to return to work, shall notify such employee by a registered letter sent to the employee’s last known address. It is the employee’s responsibility to notify the Company and the Union of any change of address. If the employee does not reply by registered letter within five (5) work days from the date of the returned receipt, he or she shall be considered to have resigned. If the returned receipt is not received within five (5) work days of the mailing date of the letter, the Company will attempt to contact the employee. If this fails, the Union will be notified and will have five (5) work days to contact the employee. If this is unsuccessful, the employee will be considered to have resigned. Section 19.04 Laid-off employees who are rehired within nine (9) months shall continue to accumulate seniority during the layoff.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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FORCE ADJUSTMENTS. Section 19.01 Should 1. The Company shall decide the necessity for and shall determine the extent of all force adjustments. Force adjustments may be accomplished by transfers, part-timing, or layoffs, or combinations thereof, as hereinafter provided. Section 2. It is recognized by the parties that regular employees may be transferred from one office to another office to meet work loads and service requirements. The Company shall determine that the necessity for such transfers and shall determine whether the employees to be transferred are qualified to meet the service requirements. Volunteers for such transfers at the office from which transfers are to be made will be considered on a force reduction in seniority basis among the volunteers qualified to meet the service needs at the terminating office. If a job title in a district is necessary due to adverse economic conditions or other reasonssufficient number of qualified volunteers are not available, the designated representatives of the Union and affected qualified employees shall be notified by mail twenty-one (21) days in advance of the force reduction. The force adjustment shall be carried out in accordance with the following successive steps: a) Temporary employees shall be laid off first. b) Part-time employees shall be laid off selected for such transfers in the inverse order of union seniority. Upon the request of employees involuntarily transferred, the Company will undertake to return them to their home office as soon as force requirements and service needs permit. (a) When it becomes necessary to reduce the working force at any central office the Company will take the following steps in the order named and to the extent required in that central office and in any other central office or central offices handling the same type of traffic and located in the same building: (1) Discontinue the regular use of occasional Operators. (2) Release temporary employees. (3) Release "Term" employees, i.e., those engaged for temporary work in anticipation of future force reductions. (4) Lay off regular employees of less than one year of net credited service in the inverse order of seniority, shortest to longestor distribute such work as may be available for this group equitably among this entire group. When the Company anticipates an extensive layoff in this group, it will notify the Union of its intention. (5) Lay off regular employees of more than one year of net credited service in the inverse order of seniority, unless some other mutually satisfactory method has been agreed upon after discussion with the Union as provided in paragraph "(b)", provided, however, that until such further layoffs or other method of making force adjustments is actually placed in effect, the Company may distribute such work as may be available equitably among all remaining regular employees. (b) If further force reduction will be required after steps 1, 2, 3, and 4 mentioned in paragraph "(a)" have been completed at the office in question, the Company will notify the C.W. A. Vice President (District 1) at least 30 days before laying off any regular employee of more than one year of net credited service. The Company will furnish the C.W. A. Vice President (District 1) with a list of employees who would be involved in such layoff and their net credited service. The Company and the C.W.A. Vice President (District 1) and/or his/her delegated representatives will discuss the advisability of accomplishing the necessary force reduction by the introduction of part-timing or by a combination of layoffs and part-timing. If part-timing or a combination of layoffs and part-timing is adopted, there shall be a uniform reduction in the scheduled work time of all regular employees in the office, except where uniform reduction is not practicable. If a mutually satisfactory method involving part-timing has not been agreed upon at least two weeks prior to the effective date of the required force reduction, the necessary reduction will be accomplished by laying off regular employees in the inverse order of their net credited service as indicated by the official records of the Company. (c) Regular employees shall A regular employee who has been or is about to be laid off in inverse order of Union seniorityaccordance with paragraph "(b)" preceding, shortest will be placed on the "Preferential Hiring List" at all central offices within one hour's commuting time by public transportation from his/her home and at any other office at which he/she desires to longestbe employed. The Company maywill undertake to make work available for him/her at one of these offices to the extent that this can be done by the application of steps 1, 2, 3, and 4 of paragraph "(a)". If at its optionthe time of the force reduction, determine that employees work is available for him/her at one of these offices, he/she shall remain be transferred. If work cannot be made available for him/her at work with a reduced work weekone of these offices or at some other office selected by him/her, he/she shall be given layoff treatment. Section 19.02 The regular 4. Any employee who is transferred to another office shall be required to assume the status (regular, temporary or term) he/she would have if his/her latest engagement had been at the office to which he/she is transferred. This shall not apply, however, to employees affected by transferred on a loan basis for a temporary period. Section 5. Each central office at which Traffic Department employees are regularly used will maintain a "Preferential Hiring List" containing the reduction in force may exercise their Union names and seniority rights in gaining continued status of the following: (a) Regular employees, and term employees having more than one year of net credited service, who have been or are about to be laid off within the normal commuting area of the central office. (b) Regular employees, and term employees having more than one year of net credited service, who have been or are about to be laid off at central offices outside of the normal commuting area who have requested employment in any location where they have Union seniority over an incumbent in a job title which they have previously held at the central office. (c) Regular employees, and term employees having more than one year of net credited service, who are deemed fully qualified on leave of absence, for reasons other than sickness, without credit for time or without assurance by the Company of reinstatement and who have requested active duty at the central office. (d) Regular employees, and term employees having more than one year of net credited service, whose requests for transfer to perform with a maximum the central office from other offices have been approved by the Company. (e) Regular employees, and term employees having more than one year of forty (40) hours of on-the-job training net credited service, who have been involuntarily transferred and familiarization. Such rights must be exercised against whose requests for transfer to the employee who has central office from other offices have been approved by the least Union seniority in that job title. Employees who are not deemed qualified as described above are not eligible to exercise bumping rightsCompany. Section 19.03 Rehiring After Layoffs - Employees who are laid off must 6. The seniority status of each individual on the list shall be rehired based on his/her net credited service in accordance with the official records of the Company as of the date of layoff as a regular or term employee or the start of leave of absence, except that in the same jobs case of a transfer ("(d)" and "(e)" above) his/her service shall be as of the date of the transfer. The seniority of individuals having identical net credited service will be established in inverse the seniority order of their birth dates. Section 7. Except as provided in Section 10 of this Article when an additional regular employee is needed at the office, the job shall be offered to the senior person on the "Preferential Hiring List" at the office who is qualified or who can with reasonable training be qualified for the work available. It shall be the responsibility of the former employee to keep the Company informed of the address at which they were laid offhe/she can be reached. The Company agrees that shall notify him/her of the job vacancy by U.S. registered mail and if he/she does not accept the proffered job within two weeks of the date of mailing, his/her name shall be removed from the "Preferential Hiring List" at all offices where it appears, and he/she shall have no further rights as to reemployment, and the Company's obligation with respect to him/her will not hire any new employees until all have been completed. Section 8. The Company's obligation as to rehiring laid off employees have had opportunity for re-employment with the Company for shall be limited to a period of nine (9) months. A refusal to accept a recall within the employee’s former job title and former district will result in termination. The Company, when requesting a laid-off employee to return to work, shall notify such employee by a registered letter sent to the employee’s last known address. It is the employee’s responsibility to notify the Company and the Union of any change of address. If the employee does not reply by registered letter within five (5) work days two years from the date of the returned receipt, he layoff as a regular or she shall be considered to have resigned. If the returned receipt is not received within five (5) work days of the mailing date of the letter, the Company will attempt to contact the term employee. If this fails, the Union will be notified and will have five (5) work days to contact the employee. If this is unsuccessful, the employee will be considered to have resigned. Section 19.04 Laid-off 9. Nothing in this Article shall limit the Company, in the exercise of its discretion, in the engagement of occasional or temporary employees to meet emergencies and irregular peak load situations, and in employment for training and experience to meet future service requirements during a period when a sufficient number of regular employees, including those on the "Preferential Hiring List," are not expected to be available. The Company will offer, to the extent that it is practicable, occasional and temporary work to those qualified individuals on the "Preferential Hiring List" who are readily available. Such individuals may accept or refuse occasional and temporary work without affecting their status on the "Preferential Hiring List." Section 10. Union officers who have been on leave of absence, and Management employees who are rehired within nine (9) months to be returned to the non-Management group, may be added to the regular force at any office without regard to the "Preferential Hiring List." The seniority status of such employees shall continue to accumulate seniority during be determined by their status at the layofftime the leave began, or the promotion occurred, plus all time spent on Union leave of absence or in a Management position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

FORCE ADJUSTMENTS. Section 19.01 Should If mutually agreeable, the Company determine and the Union will meet and discuss a plan for the reduction of the workforce. If no plan can be agreed upon during these discussions the provisions outlined in the remainder of this Article shall apply. 23.1 When the Company determines that a force reduction conditions warrant the part-timing or lay-off of employees in a job title in a district is necessary due to adverse economic conditions or other reasonsreporting exchange, the designated representatives of the Union Temporary, Term, and affected employees shall be notified by mail twenty-one (21) days in advance of the force reduction. The force adjustment shall be carried out in accordance with the following successive steps: a) Temporary employees shall be laid off first. b) Part-time employees shall will be laid off first prior to part-timing or lay-off of Regular employees performing the same work in which the force adjustment is required. 23.1.1 Regular employees will be laid off and/or part-timed in the inverse order of union seniority, shortest to longest. c23.1.2 Employees who are to be laid off under this Section may exercise their seniority in the following manner: 23.1.2.1 Regular employees identified as force surplus will have bumping privileges to any work function for which they possess the necessary ability, aptitude and physical coordination. Employees who bump will be required to pass any additional tests applicable to the work function; employees must be capable of performing the work after a brief familiarization period not to exceed thirty- (30) calendar days. 23.2 Expenses associated with relocation under this Article shall be borne by the employee, except that the employee shall suffer no loss of regular pay for reasonable time off in connection with such relocation. 23.3 Recall after lay-off of Regular employees shall be laid off in inverse the reverse order of Union senioritylay-offs, shortest provided the employee has kept the Company informed of any change in address, is capable of performing the job available at the time of recall, has been approved by a Company physician for reemployment, and the period of lay-off has not exceeded twelve (12) months. 23.3.1 It shall be the responsibility of "laid off" employees to longestkeep the Company notified of their current address. The Company may, at its option, determine that employees Notification of recall shall remain at work be sent by registered mail to the latest address as furnished by the employee with a reduced work weekcopy furnished to the Union. An employee so recalled must indicate acceptance of, and be available for, reemployment within two (2) weeks after receipt of the notice of recall or forfeit all rights under this Article. Recall rights shall not be lost unless recall is to the employee's former Division. Section 19.02 The regular employees affected by 23.4 An employee who claims a position in another due to a lay-off shall be placed in the same step on the wage progression schedule for the position claimed as the employee occupied on the wage progression schedule for the employee's former position. 23.5 When an employee is forced to vacate the employee's current position due to a reduction in force may exercise their Union seniority rights in gaining continued employment in any location where they have Union seniority over an incumbent in and a job title which they have previously held and are deemed fully qualified by the Company to perform with a maximum of forty vacancy subsequently occurs within twelve (4012) hours of on-the-job training and familiarization. Such rights must be exercised against the employee who has the least Union seniority in that job title. Employees who are not deemed qualified as described above are not eligible to exercise bumping rights. Section 19.03 Rehiring After Layoffs - Employees who are laid off must be rehired months, in the same jobs in inverse order in which they were laid off. The Company agrees that it will not hire any new employees until all laid off employees have had opportunity for re-employment with the Company for a period of nine (9) months. A refusal to accept a recall within the employee’s 's former job title position and former district will result in termination. The Companylocation, when requesting a laid-off employee to return to work, shall notify such employee by a registered letter sent to the employee’s last known address. It is the employee’s responsibility to notify the Company and the Union of any change of address. If the employee does not reply by registered letter within five (5) work days from the date of the returned receipt, he or she shall be considered to have resigned. If the returned receipt is not received within five (5) work days of the mailing date of the letter, the Company will attempt to contact the employee. If this fails, the Union will be notified and will have five (5) work days to contact the employee. If this is unsuccessful, the employee will be considered entitled to have resignedthat vacancy at that location before such vacancy is posted for bid under Article 22, Job Bidding/Transfer. Any moving expenses would be borne by the employee. 23.5.1 The employee bumped from the vacant position most recently will have the first recall rights back to that position and location. An employee who declines to exercise their recall rights will forfeit further recall rights to that position and location. The employees filling vacancies through the recall procedure will be returned to the same wage step as they held when they were bumped from that position. The total time limited for recall rights outlined in Section 19.04 Laid-off employees who are rehired within nine (9) months shall continue 23.5 will extend for a time period not to accumulate seniority during the layoff.exceed twelve

Appears in 1 contract

Samples: Labor Agreement

FORCE ADJUSTMENTS. Section 19.01 Should 17.1 Whenever the Company determine that a deems it necessary to part-time or lay off regular employees, such force reduction adjustments as it may be deemed necessary shall be made effective among employees in a the designated job title and location within the workgroup through part-time or layoffs, or both. The Company will provide fourteen (14) calendar days written notice of a surplus condition. Job Vacancies/ Promotions in a district is necessary due Article 16 will not be used in filling job vacancies approved for staffing if such use would prevent the Company from offering equal or lower vacant positions to adverse economic conditions qualified employees who are surplus. 17.2 To avoid layoff or displacement of employees to other reasonslocations and/or areas, the designated representatives Company may first attempt to reduce and/or eliminate the surplus by offering voluntary termination, in seniority order, to employees in the affected job title(s) and location(s). Employees accepting an offer of voluntary termination will be paid the Union Severance Allowance in accordance with Article 20 of this Agreement that would be provided to the least senior employee in the affected job classification and affected employees shall be notified by mail twenty-one (21) days in advance of the force reductionlocation and will receive all other entitlements due them. The force adjustment shall Company may also substitute part-timing or combine part- timing with layoffs as it deems appropriate. 17.3 Force adjustments will be carried out effected in accordance with the following successive stepsprocedure: a) 17.3.1 Temporary and or occasional employees will be separated first within the designated job title and location within the workgroup. 17.3.2 Probationary employees will be separated within the designated job title and location within the workgroup. 17.3.3 Regular part-time employees will be separated within the designated job title and location within the workgroup. 17.3.4 Regular employees will be separated within the designated job title and location within the workgroup. 17.3.5 The employees shall be laid off first. b) Part-time employees shall be laid off within the designated job title and location within the workgroup in the inverse order of union seniority, shortest to longest. c) Regular employees shall 17.3.6 An employee notified by the Company that he/she is to be laid off shall have the following two options: Claim a job in inverse order of Union the employee’s current job title in the closest geographical location within the bargaining unit, and which currently is being filled by an employee having less seniority. Claim a job equal to or lower than the employee's current job title, shortest to longest. The Company may, at its option, determine that employees shall remain at work with a reduced work week. Section 19.02 The regular employees affected by the reduction in force may exercise their Union seniority rights in gaining continued employment in any location where they have Union seniority over an incumbent in a job title which they have the employee has either previously held and are is deemed fully qualified to perform by the Company with minimal refresher training (defined as 40 hours or less) or is deemed qualified by the Company to perform with as a maximum result of forty (40) hours of on-the-job training current skill level, in the closest geographical location within the bargaining unit and familiarization. Such which currently is being filled by an employee having less seniority. 17.3.7 Employees that do not have seniority rights must be exercised against the employee who has the least Union seniority in that their current job title. Employees who , a previously held title, or that are not deemed qualified as described above are by the Company will not eligible to exercise have bumping rightsrights and will be laid off. Section 19.03 Rehiring After Layoffs - Employees 17.4 In making force adjustments in accordance with this Article, job vacancies approved for staffing will be exempt from the Job Vacancies/ Promotions outlined in Article 16. Such job vacancies approved for staffing within the bargaining unit during a surplus situation will be made available in seniority order to the most senior qualified surplus employee who meets the minimum acceptable job qualifications for the job vacancy. 17.5 An employee shall not accumulate net credited service or seniority while on layoff, but shall retain seniority and continuity of net credited service as of the date of layoff for a period not to exceed twelve (12) months from the date of layoff; such employee will cease to have seniority which may give any right of recall. 17.5.1 Laid off employees shall be offered reinstatement to the former position or one previously held by the employee provided that the job can be performed with minimum additional training before new employees are engaged. 17.5.2 When the Company has a job vacancy to which an employee has recall rights, it will send a registered letter to the former employee's last known address as shown in the Company personnel file. Former employees who are laid off must be rehired still qualified to perform the duties required in the same jobs available job shall be notified in the inverse order in which they such employees were laid off. The Company agrees that it will not hire any new employees until all laid off employees have had opportunity for re-employment with former employee shall advise the Company for a period of nine (9) months. A refusal to accept a recall within the employee’s former job title and former district will result in termination. The Company, when requesting a laid-off employee by telephone to return to workits Human Resources Department, shall notify such employee by a registered letter sent to the employee’s last known address. It is the employee’s responsibility to notify the Company and the Union of any change of address. If the employee does not reply by registered letter acceptance or rejection within five (5) work days from after the date of the returned receipt, he or she shall be considered to have resigned. If the returned receipt is not received within five (5) work days of the mailing date of the letter, the Company letter is received or delivery was attempted, and shall report for work within fifteen (15) days after the date the Company letter is received. Refusal to accept recall to a job of equal pay to the one from which the former employee was laid off or failure to reply to the Company's letter will attempt cause the former employee to contact the employee. If forfeit any further right to employment under this fails, the Union will be notified and will have five (5) work days to contact the employee. If this is unsuccessful, the employee will be considered to have resignedprovision. Section 19.04 Laid-off employees who are rehired within nine (9) months shall continue to accumulate seniority during the layoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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FORCE ADJUSTMENTS. Section 19.01 Should 16.1 If the Company determine determines that a force reduction in a job title in a district is part-timing or layoffs, or both, are necessary due to adverse economic conditions or other reasons, the designated representatives it may carry out a reduction of the Union work force among its employees within their respective departments and affected employees shall be notified by mail twenty-one (21) days in advance of the force reduction. The force adjustment shall be carried out their respective headquarters locations in accordance with the following successive steps: a) Temporary employees shall be laid off first. b) Part-time employees shall be laid off conditions and in the inverse order of union seniority, shortest to longest: 16.1.1 First temporary, then part-time employees will be laid off. c) Regular 16.1.2 After layoffs are made in accordance with 16.1.1, full-time employees with less than one year of accredited service shall be part-timed or laid off off, or both. 16.1.3 The Union will be advised prior to the effective date of any layoff or part-timing affecting members of its bargaining unit. 16.2 If, after making the adjustments required in inverse 16.1, conditions require further part-timing or layoffs, or both, the Company shall notify the Union of the need for further adjustments. Within fifteen (15) calendar days after the Company has notified the Union, the Company and the Union shall meet to negotiate a plan for further part-timing or layoffs, or both. If no agreement on a plan for future force adjustments can be reached within the aforesaid fifteen (15) days, the following plan shall be applied, also in order of Union seniority, shortest to longest. The Company may, at its option, determine that : 16.2.1 Any employees shall remain at work with a reduced work weekless than one year of accredited service who were part-timed will be laid off. Section 19.02 The regular 16.2.2 Part-timing or layoff, or both, of employees with one or more years of accredited service within the departments and exchanges affected by the reduction in force may exercise their Union seniority rights in gaining continued employment in any location where they have Union seniority over an incumbent in a job title which they have previously held and are deemed fully qualified part-timing or layoffs. 16.2.3 An employee within the bargaining unit with one or more years of accredited service who is notified by the Company that he/she is to be laid off, shall have the right to claim a job in a classification in which he/she formerly worked, provided management decides he/she is able to perform with the job satisfactorily and provided that the job is currently filled by an employee having less accredited service. 16.3 If the Company determines that layoffs are necessary within a maximum job classification, it may carry out a reduction of forty (40) hours of on-the-job training and familiarizationthe work force among its employees within a specific group headquarters. Such rights must be exercised against employees identified will have the employee who has opportunity to bump the least Union seniority in senior employee within that job title. Employees who are not deemed qualified as described above are not eligible to exercise bumping rights. Section 19.03 Rehiring After Layoffs - Employees who are laid off must be rehired in the same jobs in inverse order in which they were laid offclassification and area. The Company agrees that it will not hire any new employees until all laid off employees have had opportunity for re-employment with the Company for a period of nine (9) monthsareas are as follows: 1. A refusal to accept a recall within the employee’s former job title and former district will result in terminationFort Xxxxx 2. The Company, when requesting a laid-off employee to return to work, shall notify such employee by a registered letter sent to the employee’s last known addressValparaiso/Elkhart 3. It is the employee’s responsibility to notify the Company and the Union of any change of address. If the employee does not reply by registered letter within five (5) work days from the date of the returned receipt, he or she shall be considered to have resigned. If the returned receipt is not received within five (5) work days of the mailing date of the letter, the Company will attempt to contact the employee. If this fails, the Union will be notified and will have five (5) work days to contact the employee. If this is unsuccessful, the employee will be considered to have resigned. Section 19.04 Laid-off employees who are rehired within nine (9) months shall continue to accumulate seniority during the layoff.Terre Haute/Richmond/Lafayette/Rushville

Appears in 1 contract

Samples: Collective Bargaining Agreement

FORCE ADJUSTMENTS. Section 19.01 Should 21.01 When any conditions arises which reduces the workload to the extent that reduction in the force or spreading work is required, the Company determine that a force reduction in a job title in a district is necessary due to adverse economic conditions may at its discretion make such disposition of employees with less than one (1) year of service as it sees fit. No employee having one (1) year or other reasons, the designated representatives more of net credited service shall be laid off until all employees having less than one (1) year of net credited service have been laid off. The Company shall notify the Union and affected employees shall be notified by mail twenty-one thirty (2130) calendar days in advance of the force reduction. The force adjustment shall be carried out in accordance with the following successive steps: a) Temporary employees shall be laid off firstsuch layoffs. b21.02 If conditions require further adjustments than are permitted in Section 21.01, the Company shall notify the Union thirty (30) Part-time calendar days in advance, and the parties hereto agree to negotiate a formula or plan to govern additional layoffs or work spread. If no such agreement can be reached, the Company shall make whatever further layoffs are necessary of all employees shall be laid off in the affected work groups described in Section 21.08 in the inverse order of union seniority, shortest to longestnet credited service. c) Regular a. If conditions require further adjustments than are permitted in Section 21.01, the Company may elect to offer voluntary termination status to employees shall be laid off in inverse the affected work group in order of Union seniority, shortest to longest. The Company may, at its option, determine that employees shall remain at work Employees who accept voluntary termination will receive termination allowance in accordance with a reduced work week. Section 19.02 The regular employees affected by the reduction in force may exercise their Union seniority rights in gaining continued employment in any location where they have Union seniority over an incumbent in a job title which they have previously held and are deemed fully qualified by the Company to perform with a maximum of forty (40) hours of on-the-job training and familiarization. Such rights must be exercised against the employee who has the least Union seniority in that job titleArticle 21. Employees who are not deemed qualified as described above are not eligible offered this voluntary termination status have the right to exercise bumping rights. Section 19.03 Rehiring After Layoffs - accept or reject the Company’s offer. Employees who are accept voluntary termination s t a t u s a n d l e a v e t h e s e r v i c e w i l l be c o n s i d e r e d t o h a v e voluntarily terminated employment and will not be subject to recall 21.03 In rehiring employees laid off must be rehired under the provisions of Sections 21.01 and 21.02, the Company shall first offer employment to regular full-time employees having the longest net credited service, provided however that the period of continuous layoff of such former employees does not exceed eighteen (18) months and also that their net credited service is in excess of one (1) year. At such time as an employee has been recalled, within the same jobs in inverse order in which they were laid offeighteen (18) month recall period, he/she shall receive seniority credit for the period of the layoff. The Company agrees that it will not hire any new When employees until all laid off employees have had opportunity for re-employment with under the Company for a period provisions of nine (9) months. A refusal this Article are recalled to accept a temporary jobs not previously held, the recall within shall be based on the employee’s former ability and qualifications to do the recall job title and former district will result in termination. The Company, when requesting a laid-off employee to return to work, shall notify such employee by a registered letter sent to the employee’s last known address. It net credited service. 21.04 At the time of leaving the Company’s service, a termination payment plus compensation for any vacation/PTO to which the employee is entitled: a. Will be paid to a regular full-time employee laid off because of lack of work; b. May be offered by the Company as an inducement to terminate an employee’s service in case there is a definite program for a reduction in force; c. May be paid at the discretion of the Company to an employee whose services are terminated for reasons such as inability to adapt or inability to perform properly the duties of the job assigned, except in those instances where the employee is terminated for cause. 21.05 The amount of a termination payment will be based on the employee’s responsibility to notify rate of pay and net credited service at the Company and time of leaving the Union of any change of address. If the employee does not reply by registered letter within five (5) work days from the date service of the returned receiptCompany, he or she shall be considered computed in accordance with the following: a. One (1) week of pay for each completed year of net credited service up to have resigned. If the returned receipt is not received within five and including ten (510) work days years of the mailing date of the letter, the Company will attempt to contact the employee. If this fails, the Union will be notified and will have five (5) work days to contact the employee. If this is unsuccessful, the employee will be considered to have resigned.service; Section 19.04 Laid-off employees who are rehired within nine (9) months shall continue to accumulate seniority during the layoff.b. Two

Appears in 1 contract

Samples: Collective Bargaining Agreement

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