Common use of JOB GUARANTEE Clause in Contracts

JOB GUARANTEE. (a) Each employee whose name appears on the list of employees to be known as the Job Guarantee Roster, which list is attached hereto and marked “Appendix A”, will be entitled to the benefits set forth in sub-paragraph (b). (b) The Employer agrees that all of its employees whose names appear on the Job Guarantee Roster will be guaranteed regular full-time employment with the Employer in the production department in accordance with the provisions of this contract for the remainder of their working lives until they vacate same through retirement, resignation, death or discharge for cause; provided, however, in the event the Employer permanently ceases publication such guarantee will thereupon cease. The Employer also guarantees that, in the main, the production department will remain the newspaper’s production facility. The Employer will retain the right to lay off employees for lack of work, other than that which may arise from automation. (c) This job guarantee will not be subject to amendment or revision in future collective bargaining negotiations with respect only to those persons listed on “Appendix A”. In the event an employee accepts promotion to a supervisory position, the job guarantee will not apply to that individual. If an employee steps down from a supervisory position, the individual’s name will be added to the Job Guarantee Roster. (d) Nothing else in this agreement shall be interpreted as limiting the Employer in any way in the exercise of the customary functions of management and direction of the working forces, including the right to assign jobs, the right to hire, the right to suspend or discharge employees for just cause. (e) Seniority will apply in any retraining required for a new process and in filling positions created by the process. Recognizing that exceptions will occur, both parties agree to allow on a non-seniority basis retraining for a new process or in filling positions created by the process. However, both parties agree that the thrust and meaning of this clause shall be that seniority will prevail as the rule and not the exception. Employees will be retrained on as extensive a scale, including multiple skills, as is feasible and fair. (f) When positions become available, they will be posted to permit applications; day and night shift personnel shall both be eligible in filling vacancies as deemed appropriate by management. Seniority will prevail.