Common use of LAY-OFF AND RECALL PROCEDURE Clause in Contracts

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where, because of economy, consolidation or abolishment of functions, curtailment of activities, or otherwise, the Employer determines it necessary to reduce the size of its work force, such reduction shall be made in accordance with the provisions hereinafter set forth. Section 14.02 The Employee with the least amount of departmental seniority, as defined in Article 4.01 (c) regardless of classification or position, shall be laid off first. Section 14.03 Employees shall be recalled in the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (14) calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified date. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period. Section 14.05 If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice of lay-off. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnel. No Bargaining Unit Member shall be laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off Employees and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response to a call in, and a call in for emergencies shall not be considered a recall to work.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where(a) In the event of a lay off, or a reduction in hours of twenty percent (20%) or more for at least two (2) bi-weekly pay periods, employees shall be laid off in the reverse onus of seniority. An employee about to be laid off may displace any employee subject to 15.02 (d) with less seniority, provided the employee exercising the right is qualified, able and willing to perform the work of the employee with less seniority. Such reduction if any shall be on the basis of seniority within the classification and shift the reduction is taking place. In the event that an employee’s losses are equivalent to five (5) days per calendar year because of economy, consolidation or abolishment of functions, curtailment of activities, or otherwise, the Employer determines it necessary 20% reduction in hours such employee will be eligible to reduce the size of its work force, such reduction displace less senior employees who are working more hours (b) Recall from layoff shall be made based upon the seniority of employees affected provided the employee or employees to be recalled are qualified to perform the work for which they are being recalled, according to established schedules. Employees recalled to their original classification shall be deemed to be qualified provided they have fulfilled and maintained all requirements for their professional designation, if applicable. (c) Employees who are laid off or displaced will be able to displace any employee with less seniority in an equivalent or lower rated classification so long as the employee is qualified and willing and able to perform the work to be done according to established schedules. (d) An employee recalled to work in a different classification from which she was laid-off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled. (e) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the provisions hereinafter set forthloss of seniority provision or have been found unable to perform the work available. Section 14.02 The Employee with the least amount of departmental seniority, as defined in Article 4.01 (cf) regardless of classification or position, shall be laid off first. Section 14.03 Employees shall be recalled in the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (14) calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified date. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty Full time positions within the fourteen (14) day period. Section 14.05 If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice of lay-off. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnel. No Bargaining Unit Member shall be laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off Employees and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response to a call in, and a call in for emergencies bargaining unit shall not be considered a recall eliminated to workprovide Part time positions within the bargaining unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 WhereA. Subject to the provisions contained in Paragraphs B.(1), because (2), (3), and (4), in case of economy, consolidation or abolishment of functions, curtailment of activities, or otherwiselayoff, the Employer determines it necessary to reduce the size youngest in point of its work force, such reduction shall be made in accordance with the provisions hereinafter set forth. Section 14.02 The Employee with the least amount of departmental seniority, as defined in Article 4.01 (c) regardless of classification or position, service shall be laid off; when the force is increased, those formerly laid off shall be rehired before others are employed. They shall be hired in the order of their seniority - - the oldest first, etc. The employer shall notify the employees in writing. The employee must make his/her decision and serve notice within one week if he/she desires to return to the staff. Section 14.03 Employees B. In order to explain and clarify the procedure which is to be followed in the event that a school is closed or if one of the jobs in the working unit is discontinued and as a result thereof one or more of the employees in this unit are to be laid off, the following information is submitted. In the event the above happens, the following procedure will be used in the layoff: 1. For example, if a full time position is discontinued, the employee whose position is discontinued will then displace and take the job of the youngest employee in point of seniority who is full time, or of the youngest employee in point of seniority who is part- time, and who is in a job classification equal to or below that of the displaced employee. The employee that was displaced would then be laid off. If thereafter the working force of full time or part-time employees is increased, the full time employee who was laid off will be the first to be recalled to fill the full time or part-time position whichever is available, and the full time employees shall be recalled in the order of their seniorityseniority -- the oldest first, regardless etc. Prior to recalling employees from layoff, the District shall first satisfy the provisions of classification this Agreement. For purposes of this Article, a full time employee shall be an employee who works ten (10) months or positionmore of the school year for at least seven (7) hours a day. Section 14.04 An Employee shall have fourteen (14) calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified date2. No less senior Employee shall be recalledFor example, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period. Section 14.05 If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice of lay-off. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnel. No Bargaining Unit Member shall be laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off Employees and part-time Employees position is discontinued, the employee whose position is discontinued will then displace and take the job of the youngest employee in emergenciespoint of seniority who is part-time, provided and who is in a job classification equal to or below that a of the displaced part-time employee. The part-time employee that was displaced would then be laid off. If thereafter the working force of part-time employees is increased, the part-time employee who was laid off Employee is not required will be the first to be available for an emergency response to a call inrecalled (provided there are no full time employees on the recall list), and the part-time employees shall be recalled in the order of their seniority -- oldest first, etc. Prior to recalling employees from layoff, the District shall first satisfy the provisions of this Agreement. For purposes of this Article, a call in for emergencies part-time employee shall not be considered a recall to work.an employee who works ten

Appears in 2 contracts

Samples: Working Agreement, Working Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Wherea) A production employee cannot exercise his/her seniority to displace a Journeyperson or Apprentice within a Skilled Trade. Conversely, because a Journeyperson or Apprentice may exercise his/her seniority to displace an employee in the Production Group using previous production seniority. b) In the event of economy, consolidation or abolishment of functions, curtailment of activities, or otherwisea lay-off from a Skilled Trade, the Employer determines it necessary to reduce following procedure shall apply. 1st - Probationary Journeypersons will be laid off from the size affected Skilled Trades. 2nd - Apprentices will be laid off from the affected Skilled Trade in the inverse order of its work forcetheir date of entry seniority within such Skilled Trade. 3rd - Journeypersons will be laid off from the affected Skilled Trade in the inverse order of their date of entry seniority within such Skilled Trade. c) Recalls of Journeypersons, such reduction Apprentices or Probationary Journeyperson within a Skilled Trade shall be made in the reverse order of lay-off within such Skilled Trade affected. d) A laid off seniority Journeyperson or Apprentice may, if he/she so elects, file an application with the Human Resources Department for employment in the Production Group, Upon receipt of such application, the employee will be given preference over a new hire, or failing, that shall displace a probationary employee. Such employee will then have date of entry seniority in the Production Group with the understanding that to protect his/her Skilled Trade seniority, he/she must return to his/her Skilled Trade when recalled. Failure to accept such recall means he/she shall forfeit his/her Skilled Trades seniority and will retain his/her date of entry seniority in the Production Group. Notwithstanding the above, a Journeyperson or Apprentice may after serving a lay-off of six (6) months in any nine (9) month period from his/her Skilled Trade, elect within a period of thirty (30) calendar days thereafter to continue on lay-off subject to recall to his/her Skilled Trade or exercise his/her total seniority, if sufficient to displace the most junior employee in a production Group in accordance with the provisions hereinafter set forthLay-off and Recall Provision of the Collective Agreement and he/she shall forfeit his/her former Skilled Trades seniority. However, such employee will have priority transfer rights to his/her former Skilled Trade over other applicants provided he/she has the necessary ability and qualifications. e) In the event that the Company hires a laid off probationary Journeyperson employee into a Production Group, the employee will forfeit any claim to his/her Skilled Trade and will be required to serve the full probationary period in production as outlined in Section 14.02 The Employee with 11. of the least amount of departmental seniority, as defined in Article 4.01 (c) regardless of classification or position, shall Collective Agreement. Should such employee be laid off first. Section 14.03 Employees shall from production and rehired into a Skilled Trade as a probationary Journeyperson, he/she will be recalled in required to serve the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (14) calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified date. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty full probationary period within the fourteen (14) day period. Section 14.05 Trade as outlined in Article 4, above. If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses circumstances arise that are not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice of lay-off. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnel. No Bargaining Unit Member shall be laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing covered in this provision shall prevent Article, the City from calling in both laid off Employees Local Union Committee and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response to a call in, and a call in for emergencies shall not be considered a recall to workManagement will confer.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where, because of economy, consolidation or abolishment of functions, curtailment of activities, or otherwise, (a) When lay-off occurs within a department the Employer determines it necessary to reduce the size of its work force, such reduction shall be made in accordance with the provisions hereinafter set forth. Section 14.02 The Employee employee with the least amount seniority within the particular classification shall be the first laid off. (b) Employees who restrict their availability for hours of departmental seniority, as defined in Articlework or work schedules will not be protected by their seniority for recall. 4.01 (c) regardless In the event of classification or position, shall be laid a lay-off first. Section 14.03 Employees shall be recalled in the order of their senioritylay-off within the affected classification and department shall be as follows: Probationary employees, regardless of classification or positionthen seasonal/temporary employees, then part-time employees, then regular employees. Section 14.04 (d) An Employee shall have fourteen (14) calendar days from employee who has been laid off and wishes to be recalled must ensure that the date Employer has a recall notice is sent by the City to accept recall current phone number and return to work address for purpose of recall. Failure on the specified date. No less senior Employee shall part of the employee to provide this information may result in the employee forfeiting his/her recall rights. (e) The Employer agrees that recall notification will be recalledby direct contact (including personal contact, and no new Employee shall be hiredtelephone contact), until the recalled Employee has either declined recall or failed registered mail. Any employee failing to accept recall and report for duty within the fourteen sixty (1460) day period. Section 14.05 If any laid-off Employee is called in for work for any amount of timehours, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records excluding Saturdays and shall be sent by certified mail. An Employee who refuses recall or chooses not to report to work within 5 tours of duty Sundays, from the date the Employer mails the recall notice, time of such notification shall be considered to have resigned his position and forfeits all rights to employment with the Employerwithout notice. Section 14.08 Employee(s(f) scheduled for For the purpose of lay-off shall be given or recall, seniority will apply so long as the Employer in applying seniority is always able to maintain a minimum working force of 15 calendar days advance notice of employees who have the ability to do the work required. (g) When recalling employees to work after a lay-off, they shall be recalled in inverse order to that in which they are laid off subject to the ability of the employees to do the work required. Section 14.09 (h) The Employer shall not begin agrees that whenever there is a reduction in the workforce which involves a lay-off of a period of one (1) week or more the employees affected by the lay-off process will be given one (1) week’s prior notice of Bargaining Unit members until after the Employer has eliminated all hours lay-off. It is understood that the requirement of work for Part-time personnel. No Bargaining Unit Member shall be laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent giving prior notice to the City from calling in both laid off Employees and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response to a call in, and a call in for emergencies employees shall not be considered apply in the event that there is a recall to worklay-off which results from an act of God or a breakdown of operations or a strike or labour dispute.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where‌ All bargaining unit classifications and positions shall be filled by employees of the Board. This section does not preclude the Board from contracting for such services as window washing, because of economyroofing repairs, consolidation etc., as they have in the past. This section does not preclude the Board from subcontracting out bargaining unit work where there is no current OAPSE member who possesses the qualifications and technical expertise to perform the work, no current OAPSE member possesses the required or abolishment of functions, curtailment of activitiesnecessary license to perform the work, or otherwisethe work involves the repair, the Employer determines maintenance or use of specialized equipment that no current OAPSE member is qualified to perform. If it becomes necessary to reduce the size number of its work forceemployees in a job classification due to abolishment of positions, lack of funds, or lack of work, the following procedure shall govern such lay-off: A. The number of people affected by reduction shall in the force will be made in accordance with the provisions hereinafter set forthkept to a minimum by not employing replacements, insofar as practical, of employees who resign, retire or otherwise vacate a position. Section 14.02 The Employee B. Whenever it becomes necessary to lay off employees by reasons as stated above, affected employees should be laid off according to seniority within the classification, with the least amount of departmental seniority, as defined in Article 4.01 (c) regardless of classification or position, shall be senior employee laid off first. Section 14.03 Employees shall be recalled in the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (14) calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified date. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period. Section 14.05 If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs identical seniority, the Employee employee (s) to be laid off shall be entitled determined by (1) the date of the Board of Education meeting at which the employee was hired and then by (2) the first work day on the job under contract and then by (3) the date on which the employee submitted a completed job application to continue hospitalization as provided the personnel office, thereafter to be determined by CORBAlot. In other words, the names of the employee with identical seniority will be placed in a container and the name or names taken out will be the employee (s) laid off. Any employee scheduled for layoff may do one of the following: (1) accept the layoff or (2) request to be transferred to another job classification in any department where he/she has more continuous district seniority than the least senior employee in that classification and meets the requirements and has the necessary skills and present ability in the judgment of the Superintendent to perform the work. C. Paraprofessional Special Needs aides will do a "Spring Dance" (if needed) in June as a delayed Lay-off recall procedure. This will ensure that any changes and new positions will be available to all therefore, eliminating a drawn out bidding process. Any new position after the dance will be posted per bidding procedure. 1. If a position is eliminated during the school year, the lowest seniority position for the same hours is bumped. The person bumped will have the option of bumping in the same classification for less hours and least seniority person or follow Article 19, Section 14.07 Notice 4B of recall shall the contract. In this case, “Spring Dance” would follow in June. 2. If a student is absent and the employee is not needed in that building, they may be sent to the Employee's address listed on the Employer's records work in another building and hours adjusted to that building. D. The following classifications within a department shall be sent by certified mailused for the purpose of defining classification seniority in the event of a layoff: Transportation 1. An Employee who refuses recall or chooses not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer.Bus Drivers Section 14.08 Employee(s) scheduled for lay2. Truck Driver 3. Mechanic 4. Transportation office coordinator 5. Bus Monitor 6. Crossing Guard Aides/Monitors 1. Cafeteria/Playground 2. Library/Nurse 3. Paraprofessional-off shall be given a minimum of 15 calendar days advance notice of layEducational 4. Paraprofessional-off.Special Needs Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnel5. No Bargaining Unit Member shall be laid off if a Part-time Employee is workingDistance Learning 6. This Article may not conflict with Ohio Revised Code, Section 737.09Dog Handler Food Service 1. Nothing in this provision shall prevent the City from calling in both laid off Employees and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response to a call in, and a call in for emergencies shall not be considered a recall to work.Head Xxxx 2. Xxxx/Cashier Secretaries 1. 10 & 12 month Secretaries 2. Computer operator Custodial 1. Cleaner 2. Custodian 3. District Maintenance

Appears in 1 contract

Samples: Master Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where32.01 In the event of lay-off, because of economy, consolidation or abolishment of functions, curtailment of activities, or otherwise, the Employer determines it necessary to reduce the size of its work force, such reduction shall be made in accordance total accumulated service credits with the provisions hereinafter set forthFire Department will govern on the following basis provided the application of this principle does not prevent the Fire Department from maintaining a working force of Employees who are competent, available, capable and willing to perform the work which has to be done. Section 14.02 (a) The Employee with the least amount of departmental seniorityaccumulated service credits with the Fire Department will be the first to be laid off, as defined in Article 4.01 (c) regardless providing the Employee who is retained can perform the work of classification or positionthe laid off Employee. If retraining is deemed necessary to bring the retained Employee to a sufficient level of performance equal to that of the laid off Employee, re-training shall be offered if it is considered appropriate. 32.02 Employees laid off first. Section 14.03 Employees shall and on the recall list will be recalled in the order of their seniorityaccumulated service credits at the time of lay-off, regardless of classification or positionproviding they are qualified to do the work. Section 14.04 32.03 An Employee shall who has been laid off will have fourteen his/her name retained on the recall list for a period of two (142) calendar days years from the date a recall notice is sent by the City to accept recall and return to work on the specified date. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period. Section 14.05 If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice of lay-off. Section 14.09 The Employer shall not begin the 32.04 An Employee will be deemed to have resigned if, after lay-off process off, he/she fails to acknowledge his/her availability to report for work within five (5) days after notice of Bargaining Unit members until recall is issued (excluding Saturday, Sunday and statutory holidays) and further, if he/she fails to report for work within ten (10) working days after notice of recall is issued. 32.05 Employees hired on the Employer has eliminated all hours of work for Part-time personnel. No Bargaining Unit Member shall same day will be retained or laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent as applicable by the City from calling in both laid off Fire Chief's evaluation of the Employee's work performance record. 32.06 Employees and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response to a call in, and a call in for emergencies shall not be considered a on the recall to worklist will keep the Department Administration informed of means of contact.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where6.1 A laid off employee shall be entitled to remain on a lay off list for a period of twelve (12) months. If, because at the end of economy, consolidation or abolishment of functions, curtailment of activities, or otherwisethe twelve (12) month period no work is available, the Employer determines it necessary to reduce the size of its work force, such reduction employee shall be made in accordance with the provisions hereinafter set forthso advised and their employment terminated. Section 14.02 The Employee with the least amount of departmental 6.2 While on lay off an employee shall not earn seniority, but he/she shall retain seniority which he/she had accumulated to the time of his/her lay off. 6.3 Except where the lay off is as defined a direct result of an accident or disaster requiring the sudden and unforeseen closure of a part or all of any operation, an employee who is laid off is entitled to two (2) weeks written notice of lay off or pay in Article 4.01 (c) regardless lieu of classification or position, notice. An employee who is terminated without just cause shall be laid off firstentitled to two (2) weeks written notice or pay in lieu of notice. Section 14.03 Employees 6.4 A short term lay off shall be recalled in the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (14) defined as a lay off lasting 30 calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified dateor less. No less senior Employee A long term lay off shall be recalled, and no new Employee defined as a lay off lasting more than 30 calendar days. An employee on short term lay off that extends past 30 calendar days shall be hired, until gain access to the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period.rights set forth in Article 6.5 Section 14.05 If any laid-6.5 Employees given notice of lay off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works.shall exercise seniority rights as follows: Section 14.06 a. In the case of any lay-offs the Employee a short term lay off an employee shall be entitled to continue hospitalization as exercise seniority to avoid lay off only in his/her regular job classification, provided by CORBAthey possess the necessary skill and ability to perform the duties required of the position. Section 14.07 Notice b. In the case of recall a long term lay off, an employee shall be sent entitled to exercise seniority in their own job classification or to the Employeemost junior employee ina lower job classification, provided they possess the necessary skill and ability to perform the duties required of the position. 6.6 It is understood that exercise of seniority rights under Article 6.5 above will be on a temporary basis until such time as the employee's address listed regular position becomes available again. The employee will then return to his/her regular position. 6.7 When recalling employees from lay off, employees will be recalled to work in order of seniority provided they are qualified to perform the available work. 6.8 When a laid off employee is being recalled he/she must accept recall to his/her previous classification, or equivalent, or to a lower classification, subject to the following terms: a. If an employee on a lay off rejects recall to a lower classification, he/she will only be recalled to his/her previous classification unless he/she notifies the Company in writing of his/her willingness to accept a lower classification. The junior employee on lay off in a classification must accept a recall in that classification in accordance with Article 6.9. b. It is understood that a return from lay off to a lower classification shall be on a temporary basis until such time as the employee's regular position becomes available again. He/she will then return to his/her regular classification. 6.9 An employee on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not lay off list, as specified in Article 6.1, when recalled to report to work within 5 tours of duty from the date the Employer mails the recall noticework, shall be considered notified by telephone or other suitable communication to have resigned his position and forfeits all rights their last known number or address. The employee shall notify the Company within seven (7) calendar days of receiving a recall of their intention to employment with return. Failure to notify the EmployerCompany may result in termination at the Company’s discretion. Section 14.08 Employee(s) scheduled for lay-6.10 Employees on lay off shall be given a minimum of 15 calendar days advance notice of lay-offprovide the Company with their current address and phone number. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnel. No Bargaining Unit Member shall be laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off 6.11 Employees and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response who bump to a call inlower classification to maintain employment shall have their wages set according to their current step in the salary range, and a call or to the step they had achieved in for emergencies shall not be considered a recall to workthe position being filled, whichever is greater. All time served counts towards the employee’s next increment in any classification.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where, because (a) In the event of economy, consolidation a lay off of full-time Employee(s) due to a planned or abolishment of functions, curtailment of activities, or otherwisepredetermined reduction in work, the Employer determines it necessary shall notify Employees who are to reduce be laid off twenty-one calendar days prior to the size effective date of its lay off. If the Employee(s) have not had the opportunity to work forcethe days, such reduction as provided in this clause, they shall be paid for the days for which work was not made available. (b) In all cases of lay off, however caused, the following order of lay off will be followed: (i) Employees with the least service in the classifications affected shall be the first laid off, provided, however; that Employees with special skills may be retained to fill classifications requiring special skills regardless of length of service. (ii) Employees laid off in accordance with (i) above shall be given the opportunity to displace the least senior Employee in a classification they have previously held who has less seniority then them, subject to demonstrating to the Employer the required skills, knowledge and ability to perform the job. (iii) Employees laid off in accordance with (i) and (ii) above shall be given the opportunity to displace the least senior Employee in a classification who has less seniority than them provided they are qualified to perform the job. (iv) Employees affected by lay off notice or who are subsequently displaced by laid off Employees must exercise their seniority rights within seven (7) calendar days of being so notified. (v) Laid off Employee(s) shall not be restricted from bumping into or being recalled to higher rated positions. (c) Call Down List Full-time Employees laid off in accordance with the provisions hereinafter set forth. Section 14.02 The Employee with the least amount of departmental seniority, as defined in Article 4.01 (c) regardless of classification or position, Clause 9.01 shall be laid off first. Section 14.03 Employees shall be recalled called to work in the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (14) calendar days from the date a recall notice is sent by the City seniority before casual Employees are called to accept recall and return to work on the specified datework. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period. Section 14.05 If any laid-Laid off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice of lay-off. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnel. No Bargaining Unit Member shall be laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off Employees and partfull-time Employees in emergencies, provided that a laid off Employee is not required called to be available for an emergency response to a call in, and a call in for emergencies work shall not be considered required to accept such call if it is for a recall to workperiod of less than ten (10) consecutive shifts.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where, because of economy, consolidation or abolishment of functions, curtailment of activities, or otherwise, the Employer determines it necessary to reduce the size of its work force, such reduction shall be made in accordance with the provisions hereinafter set forth. Section 14.02 The Employee with the least amount of departmental seniority, as defined in Article 4.01 (c) regardless of classification or position, shall be laid off first. Section 14.03 Employees shall be recalled in the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (14) calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified date. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period. Section 14.05 If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice of lay-off. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time Firefighter personnel. No Bargaining Unit Member shall be laid off if a Part-time Firefighter Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off Employees Firefighters and part-time Employees Firefighters in emergencies, provided that a laid off Employee Firefighter is not required to be available for an emergency response to a call in, and a call in for emergencies shall not be considered a recall to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where, because ‌ (a) In the event of economy, consolidation a lay-off of Full-Time or abolishment of functions, curtailment of activities, Part-Time Employee(s) due to a planned or otherwisepredetermined reduction in work, the Employer determines it necessary shall notify Employees who are to reduce the size of its work forcebe laid-off, such reduction shall be made in accordance with the provisions hereinafter set forth. Section 14.02 The Employee with the least amount of departmental seniority, as defined in Article 4.01 twenty-one (c) regardless of classification or position, shall be laid off first. Section 14.03 Employees shall be recalled in the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (1421) calendar days from prior to the effective date a recall notice is sent by of lay-off. If the City to accept recall and return Employee(s) have not had the opportunity to work on the specified date. No less senior Employee days, as provided in this Clause, they shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period. Section 14.05 If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in days for which such Employee workswork was not made available. Section 14.06 (b) In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice cases of lay-off. Section 14.09 The Employer shall not begin , however caused, the following order of lay-off process will be followed: (i) Where Full-Time positions are effected by lay-off, Employees with the least service in the classifications affected shall be the first laid-off, provided, however, that Employees with special skills may be retained to fill classifications requiring special skills regardless of Bargaining Unit members until after length of service. (ii) Where Part-Time positions are effected by lay-off, Employees with the least service in the classifications affected shall be the first laid-off, provided, however, that Employees with special skills may be retained to fill classifications requiring special skills regardless of length of service. (iii) Employees laid-off in accordance with (i) and (ii) above shall be given the opportunity to displace the least senior Employee in a classification they have previously held who has less seniority than them, subject to demonstrating to the Employer has eliminated all hours of work for Partthe required skills, knowledge and ability to perform the job. (iv) Employees laid-time personnel. No Bargaining Unit Member off in accordance with (i), (ii), and (iii) above shall be laid given the opportunity to displace the least senior Employee in any classification who has less seniority than them provided they are qualified to perform the job. (v) Employees affected by lay-off if a Partnotice or who are subsequently displaced by laid-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off Employees and partmust exercise their seniority rights within seven (7) calendar days of being so notified. (vi) Laid-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response to a call in, and a call in for emergencies Employee(s) shall not be considered a recall restricted from bumping into or being recalled to workhigher-rated positions. (c) Call Down List

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Wherea) A production employee cannot exercise his/her seniority to dis- place a Journeyperson or Apprentice within a Skilled Trade. Conversely, because a Journeyperson or Apprentice may exercise his/her seniority to displace an employee in the Production Group using previous production seniority. b) In the event of economy, consolidation or abolishment of functions, curtailment of activities, or otherwisea lay-off from a Skilled Trade, the Employer determines it necessary to reduce following pro- cedure shall apply. 1st - Probationary Journeypersons will be laid off from the size affected Skilled Trades. 2nd - Apprentices will be laid off from the affected Skilled Trade in the inverse order of its work forcetheir date of entry seniority within such Skilled Trade. 3rd - Journeypersons will be laid off from the affected Skilled Trade in the inverse order of their date of entry seniority within such Skilled Trade. c) Recalls of Journeypersons, such reduction Apprentices or Probationary Jour- neyperson within a Skilled Trade shall be made in the reverse order of lay-off within such Skilled Trade affected. d) A laid off seniority Journeyperson or Apprentice may, if he/she so elects, file an application with the Human Resources Department for employment in the Production Group, Upon receipt of such application, the employee will be given preference over a new hire, or failing, that shall displace a probationary employee. Such employee will then have date of entry seniority in the Production Group with the understanding that to protect his/her Skilled Trade seniority, he/she must return to his/her Skilled Trade when recalled. Failure to accept such recall means he/she shall forfeit his/her Skilled Trades seniority and will retain his/her date of entry seniority in the Production Group. Notwithstanding the above, a Journeyperson or Apprentice may after serving a lay-off of six (6) months in any nine (9) month period from his/her Skilled Trade, elect within a period of thirty (30) calendar days thereafter to continue on lay-off subject to recall to his/her Skilled Trade or exercise his/her total seniority, if sufficient to displace the most junior employee in a production Group in accordance with the provisions hereinafter set forthLay-off and Recall Provision of the Collective Agree- ment and he/she shall forfeit his/her former Skilled Trades sen- iority. However, such employee will have priority transfer rights to his/her former Skilled Trade over other applicants provided he/she has the necessary ability and qualifications. e) In the event that the Company hires a laid off probationary Jour- neyperson employee into a Production Group, the employee will forfeit any claim to his/her Skilled Trade and will be required to serve the full probationary period in production as outlined in Section 14.02 The Employee with 11. of the least amount of departmental seniority, as defined in Article 4.01 (c) regardless of classification or position, shall Collective Agreement. Should such employee be laid off first. Section 14.03 Employees shall from production and rehired into a Skilled Trade as a probationary Journeyperson, he/she will be recalled in required to serve the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (14) calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified date. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty full probationary period within the fourteen (14) day period. Section 14.05 Trade as outlined in Article 4, above. If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses circumstances arise that are not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice of lay-off. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnel. No Bargaining Unit Member shall be laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing covered in this provision shall prevent Article, the City from calling in both laid off Employees Local Union Committee and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response to a call in, and a call in for emergencies shall not be considered a recall to workManagement will confer.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 WhereA. LAY-OFF PROCEDURE 1. Should substantial and unforeseen changes in student populations, because of economy, consolidation or abolishment of functions, curtailment of activitiesfinancial conditions, or otherwiseother changes cause the elimination of or reduction in programs, thus necessitating the lay-off of personnel, the Employer determines it following procedure shall prevail: a. The Board shall, by April 15th, give notice of lay-off to the individual(s) involved. Should an emergency situation cause a lay-off to become necessary at any other time of the year, the Board shall notify the teachers to reduce be laid off as soon as they are aware of the size situation and provide no less than thirty (30) days notice of its work force, such reduction the effective date of the lay off. b. Teachers shall be made laid off in accordance with the provisions hereinafter set forth.inverse order in which they were hired except as follows: Section 14.02 The Employee with 1) To the least amount of departmental seniorityextent permitted by law, as defined in Article 4.01 (c) regardless of classification or position, probationary teachers shall be laid off first, beginning with first year probationary teachers, followed by second year, and then third year probationary, and finally fourth year probationary provided that there is a tenured teacher who is certified and qualified to perform the duties of the position being vacated by the probationary teacher, unless such position is being eliminated altogether. Section 14.03 Employees 2) If further reduction is necessary, then tenure teachers in the specific positions being reduced shall be recalled laid off on the basis of seniority, and said teachers shall have the right to displace a teacher with less seniority, if such teacher is certified and qualified to perform the duties of the position to be staffed. c. If for any reason the Board anticipates a reduction in staff, it shall, before taking action, consult with the Association to receive recommendations regarding priorities and procedures to be followed. Such recommendations shall not be binding upon the Board, but will merely serve as suggested guidelines, except that procedures as outlined in the order of their seniority, regardless of classification or positioncontract shall be followed. Section 14.04 An Employee shall have fourteen (14) calendar days from the date 2. Changes in a recall notice is sent by the City to accept recall and return to work teacher’s certification while on the specified date. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period. Section 14.05 If any laid-off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case of any lay-offs the Employee shall be entitled to continue hospitalization as provided by CORBA. Section 14.07 Notice of recall shall be sent to the Employee's address listed on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not to report to work within 5 tours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. Section 14.08 Employee(s) scheduled for lay-off shall be given a minimum of 15 calendar days advance notice of lay-off. Section 14.09 The Employer shall not begin affect the teacher’s status during the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnelperiod. No Bargaining Unit Member shall be laid Laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off Employees and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response to a call in, and a call in for emergencies personnel shall not be considered a recall to worklose benefits accrued during the previous school year.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where‌ 6.1 A laid off employee shall be entitled to remain on a lay off list for a period of twelve (12) months. If, because at the end of economy, consolidation or abolishment of functions, curtailment of activities, or otherwisethe twelve (12) month period no work is available, the Employer determines it necessary to reduce the size of its work force, such reduction employee shall be made in accordance with the provisions hereinafter set forthso advised and their employment terminated. Section 14.02 The Employee with the least amount of departmental 6.2 While on lay off an employee shall not earn seniority, but he/she shall retain seniority which he/she had accumulated to the time of his/her lay off. 6.3 Except where the lay off is as defined a direct result of an accident or disaster requiring the sudden and unforeseen closure of a part or all of any operation, an employee who is laid off is entitled to two (2) weeks written notice of lay off or pay in Article 4.01 (c) regardless of classification or position, lieu ofnotice. An employee who is terminated without just cause shall be laid off firstentitled to two (2) weeks written notice or pay in lieu of notice. Section 14.03 Employees 6.4 A short term lay off shall be recalled in the order of their seniority, regardless of classification or position. Section 14.04 An Employee shall have fourteen (14) defined as a lay off lasting 30 calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified dateor less. No less senior Employee A long term lay off shall be recalled, and no new Employee defined as a lay off lasting more than 30 calendar days. An employee on short term lay off that extends past 30 calendar days shall be hired, until gain access to the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period.rights set forth in Article 6.5 Section 14.05 If any laid-6.5 Employees given notice of lay off Employee is called in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works.shall exercise seniority rights as follows: Section 14.06 a. In the case of any lay-offs the Employee a short term lay off an employee shall be entitled to continue hospitalization as exercise seniority to avoid lay off only in his/her regular job classification, provided by CORBAthey possess the necessary skill and ability to perform the duties required of the position. Section 14.07 Notice b. In the case of recall a long term lay off, an employee shall be sent entitled to exercise seniority in their own job classification or to the Employeemost junior employee in a lower job classification, provided they possess the necessary skill and ability to perform the duties required of the position. 6.6 It is understood that exercise of seniority rights under Article 6.5 above will be on a temporary basis until such time as the employee's address listed regular position becomes available again. The employee will then return to his/her regular position. 6.7 When recalling employees from lay off, employees will be recalled to work in order of seniority provided they are qualified to perform the available work. 6.8 When a laid off employee is being recalled he/she must accept recall to his/her previous classification, or equivalent, or to a lower classification, subject to thefollowing terms: a. If an employee on a lay off rejects recall to a lower classification, he/she will only be recalled to his/her previous classification unless he/she notifies the Company in writing of his/her willingness to accept a lower classification. The junior employee on lay off in a classification must accept a recall in that classification in accordance with Article 6.9. b. It is understood that a return from lay off to a lower classification shall be on a temporary basis until such time as the employee's regular position becomes available again. He/she will then return to his/her regular classification. 6.9 An employee on the Employer's records and shall be sent by certified mail. An Employee who refuses recall or chooses not lay off list, as specified in Article 6.1, when recalled to report to work within 5 tours of duty from the date the Employer mails the recall noticework, shall be considered notified by telephone or other suitable communication to have resigned his position and forfeits all rights their last known number or address. The employee shall notify the Company within seven (7) calendar days of receiving a recall of their intention to employment with return. Failure to notify the EmployerCompany may result in termination at the Company’s discretion. Section 14.08 Employee(s) scheduled for lay-6.10 Employees on lay off shall be given a minimum of 15 calendar days advance notice of lay-offprovide the Company with their current address and phone number. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated all hours of work for Part-time personnel. No Bargaining Unit Member shall be laid off if a Part-time Employee is working. This Article may not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off 6.11 Employees and part-time Employees in emergencies, provided that a laid off Employee is not required to be available for an emergency response who bump to a call inlower classification to maintain employment shall have their wages set according to their current step in the salary range, and a call or to the step they had achieved in for emergencies shall not be considered a recall to workthe position being filled, whichever is greater. All time served counts towards the employee’s next increment in any classification.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL PROCEDURE. Section 14.01 Where, because of economy, consolidation or abolishment of functions, curtailment of activities, or otherwise(1) When it becomes necessary to lay off employees, the Employer determines it necessary to reduce the size of its work force, such reduction shall lay-off will be made in accordance discussed with the provisions hereinafter set forthUnion. The follow- ing procedure will be observed: (a) Consideration will be given to the elimination of all or part of the overtime being worked. Section 14.02 The Employee with the least amount of departmental (b) All probationary employees will be laid off prior to any employees who have seniority, as defined in Article. 4.01 (c) regardless Discuss the question of classification or position, shall be laid off firstreduced hours with the Union. Section 14.03 Employees shall (d) Seniority will be recalled based on service with the Company and will apply on a plant wide basis in relation to layoffs and recalls. (e) Layoffs of less than 5 working days will be con- sidered as temporary and separation papers will not be issued. It is intended to distribute the work available during this temporary period to employees with the necessary skill and ability to perform the required work. Where the company has real and compelling reasons, seniority may not be a factor. (f) Except in the order case of their seniorityan emergency, regardless of classification or position. Section 14.04 An Employee shall have fourteen the Company agrees to notify the Union, in writing, four (144) calendar days from the date a recall notice is sent by the City to accept recall and return to work on the specified date. No less senior Employee shall be recalled, and no new Employee shall be hired, until the recalled Employee has either declined recall or failed to accept recall and report for duty within the fourteen (14) day period. Section 14.05 If any laid-off Employee is called weeks in for work for any amount of time, all benefits will be paid for the month(s) in which such Employee works. Section 14.06 In the case advance of any lay-offs to bar- gaining unit members. A meeting will be arranged between the Employee Company and the Union prior to the layoff announcement. Furthermore, the Company and the Union agrees to meet once per month during periods of lay-off to discuss issues of concern. (g) In the event of lay-offs, recall or a change to the scheduled hours of work, the Union and the Company will make every effort for senior employees, with respect to accommodating the return to or remaining on the four (4) shift, twelve (12) hour schedule. (h) The Company will not use outside contractors/employees to perform any work which any laid off employee has the skills to per- form. (a) An employee who is entitled by their seniority to a job in the plant and within their classification and is affected by a reduction of the numbers within their classification, shall be entitled to continue hospitalization as provided by CORBAdisplace any employee with lesser seniority within the classification. Section 14.07 Notice (b) Where the result of recall shall the above mentioned reduc- tion causes a displacement of an employee from their classification, such displaced employee will have the right to displace any employee with lesser seniority provided the employee is in pos- session of the immediate ability to perform the required work as determined by the Company. Should the employee so displaced not be sent in pos- session of the immediate ability to perform required work of a job occupied by an employee with lesser seniority as chosen by the Employee's address listed on displaced employee, the Employer's records transfer rules of Article XI (D) (1), (2) (b), and shall be sent by certified mail(3) (b) will apply with the excep- tion in (3) (b) when the former classification no longer exists. An Employee employee who refuses recall or chooses is unable to demonstrate their ability to perform the required work will be assigned to any job by the Company where the employee's seniority and ability will permit or, in the event such a position does not to report to exist, the employee will be laid off. (a) If the hours of work within 5 tours have been decreased, increase the hours of duty from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment work in accordance with the Employerhours of work provisions of this Agreement. Section 14.08 Employee(s(b) scheduled for Employees who have been transferred because of the lay-off shall be given a minimum of 15 calendar days advance notice of lay-offthe first opportunity to return to their former position. Section 14.09 The Employer shall not begin the lay-off process of Bargaining Unit members until after the Employer has eliminated (c) Recall all hours of work for Part-time personnel. No Bargaining Unit Member shall be laid off if employees in accordance with their seniority before any new employees are hired and before any job postings. (d) Any employee who suffers a Part-time Employee is workingserious injury or impairment from their employment with the Company, or sickness, which results in perma- nent disability and they are unable to continue working on their own operation, the Company will endeavour to place them in a suitable job for which they are qualified and capable of perform- ing in accordance with their seniority; once so, placed, seniority will be waived in the case of other employees displacing such employee. This Article may waiving of seniority does not conflict with Ohio Revised Code, Section 737.09. Nothing in this provision shall prevent the City from calling in both laid off Employees and part-time Employees in emergencies, provided that a laid off Employee is not required apply to be available for an emergency response to a call in, and a call in for emergencies shall not be considered a recall to worklayoffs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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