LAY-OFFS AND RECALLS (a) Both parties recognize that job security shall increase in proportion to length of seniority. Therefore, in the event of a lay-off, employees shall be laid off in the reverse order of their bargaining unit-wide seniority.
(b) The employer shall meet with the union executive prior to a lay-off to review the seniority list and to discuss the order of lay-off. In addition, the parties will look to identify and implement all reasonable alternatives to the proposed lay-off Note: Where a proposed lay-off results in the subsequent displacement of any member(s) of the bargaining unit, the original notice to the union provided in (a) above shall be considered notice to the union of any subsequent lay-off.
12.02 Employees shall be recalled in the order of their seniority.
12.03 New employees shall not be hired until those laid off have been given an opportunity to recall.
12.04 An employee who accepts lay-off or exercises her/his bumping rights or otherwise secures alternate employment within the Agency following a notice of lay-off shall retain the right to be reinstated in his/her former job if such becomes available within nine (9) months of his/her original notice of lay-off.
12.05 An employee shall be given the right to continue their benefit coverage following lay-off. The employer shall continue to pay its share of such insured benefit premiums for a laid off employee for a period of six (6) months following lay-off, or until the employee has found other employment which includes benefit coverage prior to the end of the six (6) month period.
(a) An employee shall have the opportunity of recall from lay-off in order of seniority to the final subsequent vacancy after the job posting provision has been exhausted providing he/she has the ability to perform the work within a reasonable time period, and is qualified.
(b) An employee recalled to work in a different classification from which he/she was laid off shall have the privilege of returning to the classification held prior to the lay-off should it become vacant within six (6) months of being recalled.
(c) The employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on the record with the employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his/her proper address being on record with the employer.
(d) Employees on lay-off shall be given preference for temporary vacancies, which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. Further such employee recalled to a temporary vacancy is not entitled to any notice of lay-off at the end of the temporary assignment.
LAY-OFF AND RECALL 16.01 Where, because of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth.
16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A".
16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department.
16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above.
16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off.
16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer.
16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer.
16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off.
16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer.
16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off.
16.11 Each notice of lay-off shall contain the following information:
1) The reason for lay-off or displacement;
2) The date that the lay-off or displacement becomes effective;
3) The employee's seniority date in the classification;
4) A statement advising the employee of the right to recall and re-employment.
16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner.
16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months.
16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.
LAYOFFS AND RECALL 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
LAYOFFS AND RECALLS (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Xxxxxx and Recall 1. When the Board determines to reduce the number of positions in one or more classifications covered by this agreement because of decreased enrollment of pupils, suspension of schools, territorial changes, lack of work, return to duty of an employee from a leave of absence, or financial reasons, the Board shall follow the procedure set forth in this Section.
2. The Board shall determine in which classification the layoffs should occur and the number of employees to be laid off.
3. The Board shall lay off employees in the affected classification on the basis of reverse seniority in that classification. Seniority shall be defined as the length of continuous service as a regular employee of the Board of Education.
4. The names of laid off employees shall be kept on a recall list by classification until for two years maximum. If the Board determines to fill any position in a classification during this period of time, the Board must offer the position to the most senior employee on the recall list for that classification. The offer of recall shall be made by written notice sent to the employee at his most recent address on record by certified mail. It is the employee's responsibility to keep the Board informed of his up to date address. The employee shall have seven (7) days after the notice is mailed to accept the offer of recall and report to work. If he does not report during such seven-day period, his name shall be eliminated from the recall list and the employment relationship between him and the Board shall cease. If the first employee on the recall list for a classification does not accept the recall, the Board shall offer the position to the next most senior employee from that classification on the recall list by the procedure outlined in this Section, and so on, until the position is filled. Any employee who resigns after receiving the notice provided in Division 4 of this Section, shall be entitled, upon request, to be placed upon the recall list and shall have same recall rights as if laid off.
5. For purposes of this Section, the following classifications will be used.
1. Bus Driver 9. Bus Aide
2. Bus Mechanic 10. Head Cook 3. Building Maintenance 11. Cafeteria Worker
Time Off for Union Activities The employer agrees to grant the necessary time off, without discrimination or loss of seniority rights and without pay, to any employee designated by the Union to attend a labor convention provided that there is two-week notice of any union convention. Due consideration shall be given to the number of personnel affected in order that there shall be no disruptions of employer's operations due to lack of available employees.
Commercialization Plan (a) Not later than three [***] after submission of Regulatory Filings for each Product in each country of the Territory, Licensee will provide to the JCC for review its initial Commercialization Plan for each Product for each country in the Territory. Such initial Commercialization Plan will describe Licensee’s plans for activities to be conducted for such Product for such country. Each Commercialization Plan shall include the details of obligations to be performed by Licensee to achieve the specific activities that are applicable to the stage of [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Commercialization (e.g., pre-launch, launch planning, launch, or post-launch) of the applicable Product during the time period covered by such Commercialization Plan and subsequent time periods.
(b) Prior to the First Commercial Sale for such Product in such country, Licensee will provide to the JCC for review an updated Commercialization Plan for such Product for such country. Such updated Commercialization Plan will include, but not be limited to, Licensee’s updated plans for activities to be conducted for such Product for such country prior to launch as well as activities to be conducted in connection with such launch.
(c) Promptly after each anniversary of the First Commercial Sale of such Product during the Term, Licensee will provide to the JCC for review updated Commercialization Plans for such Product for such country. Such further updated Commercialization Plan will include, but not be limited to, Licensee’s plans for Commercialization activities for such Product and such country for the twelve (12) month period following the date of delivery of such Commercialization Plan. No Commercialization Plan may be implemented by Licensee if [***]. Each Commercialization Plan shall be consistent with and shall not contradict the terms of this Agreement [***], and in the event of any inconsistency between the Commercialization Plan and this Agreement, the terms of this Agreement shall prevail. Notwithstanding the foregoing, if a [***], Licensee shall [***] and shall promptly [***].
SENIORITY, LAYOFF AND RECALL A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
B. An employee’s seniority shall terminate:
1. If the employee quits.
2. If the employee retires.
3. If the employee is discharged.
4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period.
b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position.
C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications.
D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last.
E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
G. For seasonal layoffs the following provisions will apply:
1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.)
J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.
K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights.
M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Drug Free Work Place Grantee shall establish and maintain a drug-free work place policy.
Leave for Union Activities Upon request by the Union, leave without pay will be granted to any employee duly authorized to represent employees of this bargaining unit at:
a) Executive, Council meetings or Conventions of the Union and Labour Education Seminars. A written request for such leave shall be submitted at least twenty (20) days in advance. Such leave shall be limited to a total of four (4) employees at any one time, and to a maximum aggregate total of four hundred and fifty (450) working hours in any calendar year. The maximum leave for any individual Union official shall not exceed sixty (60) hours and one hundred (100) working hours for an Executive Officer. The Company will consider reasonable requests from the Union to increase the individual and/or aggregate maximum. Such leave shall not constitute a break in continuity of service in seniority, severance pay, or other benefits under this Agreement.
b) In order to attend the CEP National Convention every other year (or every third year) up to four (4) employees will be released and the maximum aggregate total of working hours may be increased by an additional one hundred thirty (130) working hours, exclusive of the individual limits in above to attend the CEP National Convention. The Company will be advised of the convention dates as far in advance as possible. A written request for such leave will be submitted to the Company at least sixty (60) days in advance.
c) It is understood that operational requirements may prevent the release of particular employee(s) under this Article and in such case the Local Union shall be allowed to name the alternate(s), however such requests for leave will not be unreasonably denied.
d) An employee on unpaid Union leave under this Article shall be compensated at his/her regular rate for the leave by the Company. The Company will then invoice the Union for reimbursement of such compensation which shall be paid by the Union within fifteen (15) days of the date of the invoice.
e) In addition, up to one (1) employee may accept a full-time elective position with the Union or an official labour body for a period not exceeding two (2) years. Any additional yearly periods may be granted at the Company’s discretion upon receipt of a written request from the employee and the President of the Union. The Company may hire temporary employees to fill the vacancies created by such leave of absence. During the employee’s leave and subject to the limitations of the various benefit plans, the employee may continue to participate provided the employee prepays all premiums and contributions. During such leave the employee shall not accumulate seniority for the purpose of annual leave credits and severance pay.
