Common use of LAY-OFF AND RECALL Clause in Contracts

LAY-OFF AND RECALL. If an employee cannot be accommodated in accordance with their request, will be placed on lay off with recall rights effective fourteen (14) calendar days after receipt of the notice provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairperson.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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LAY-OFF AND RECALL. If The Employer shall give a minimum of ninety days notice to the Employee and the Association prior to lay-off of an employee; in the event of such lay-off the employee cannot be accommodated having the least seniority being laid off first provided, that in accordance with their request, will be placed on lay off with recall rights no circumstances shall the result jeopardize the effective fourteen (14) calendar days after receipt operation of the notice provided for in Article except in those cases where a delay may Department. Notice shall be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded given personally to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of addressaffected employee, in writing, with a copy to the Local Union. Notice of vacancies will be sent or by Registered Mail to his last known address on file in the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most seniorHuman Resources Office. In those cases involving a change of category, the notice will be sent to the senior An employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt of the given notice of vacancy if wishes a lay-off has the right to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall transfer to a position in their original base will report for duty within three which a less senior employee is incumbent, provided, the senior employee has the necessary skill, abilities and qualifications to perform the duties of the position held by the junior employee. The least senior employee in the position to which the senior employee has transferred, then assumes the notice of lay-off, with the balance of time remaining, and can himself (3themselves) calendar days exercise the right of advice transfer assuming he (they) is senior to another employee and has the Company necessary skill, abilities and qualifications. When notice of intent lay-off is given to return. Notwithstanding the foregoingany employee, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond days to give written notice to the Fire Chief that he intends to exercise this right of transfer to another position. Failure to give such notice within this time limit will mean the employee will forfeit any right to transfer in accordance with this article. Employees laid off shall be recalled to duty in order of their control. An employee who refuses seniority, provided he possesses the necessary skill, abilities and qualifications to accept perform the job in question; notice of recall shall be given by the Corporation by Registered mail to a permanent position the address of the laid off employee, as recorded on file in the position from which they were Human Resources Office. The delivery date record of the Post Office will be the determining date with respect to giving notice of intention to comply with the recall request, Upon receipt of such notice, the laid off will employee shall return to work within five (5) days, or shall forfeit his claim of employment and be considered deemed to have resignedterminated his service. Notices and Correspondence All notices and correspondence relating No new employee without seniority shall be hired until all employees laid off have been recalled to Articles and will be provided that in writing and copied by no circumstances shall the Company result jeopardize the effective operation of the Department. Employee benefits terminate upon lay-off, except that an employee may continue his coverage in the Employer's group insurance plans for up to eighteen (18) months after lay-off, provided that he pays to the Union District ChairpersonCity Treasurer the full premium cost of such participation, not later than the twenty-fifth (25th) day of the month prior to the month of which the payment becomes due. If such payment is not made as aforesaid, the employee's participation in these plans shall be terminated forthwith.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. If an employee cannot be accommodated in accordance with their requestIn the case of permanent lay off under normal circumstances, four (4) working days’ notice will be placed on given to the employees concerned or as required by the Employment Standards Act. Regardless of the circumstances, the Union will be notified before any lay off takes place, and as appropriate the Union will be provided with recall rights effective fourteen (14) calendar days after receipt a list of the notice provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being all employees who have been laid off. Within fourteen (14) calendar days Permanent lay and recalls will be made on the basis of being laid plant wide seniority. In all cases of lay off and recall after lay off, the following factors shall be applied: Seniority; Ability to perform the normal requirements of the job In a permanent lay off an employee may select, in order of preference, those positions to which will accept recall which will be in addition given the right to that position from which was laid off. Such advice will be forwarded to prove he has the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified ability to do the job by working on the job for five (5)days, if he so requests, except for certain critical skilled jobs as referred identified by the Company. If more than one vacancy exists as a result of a lay off the employee at his choice will choose one (1) position to qualify. If the employee cannot prove his ability by the judgement of Management within five (5) days, then he will be laid off. An employee who is in Article means a lay off situation and elects to bump in to a Floater classification, must be able to perform out of the jobs (or comparable) that the applicant possesses Floater who is being displaced can perform. Should a temporary position become available due to illness, accident, vacation, leave of absence, and there are employees on lay off the particular qualifications established by Floater will fill such temporary position for a period up to days prior to re-calling an employee from lay off. Any employee who is entitled to a position and refuses it, due to a bumping situation the Company as being required employee will be laid off. Any employee who is laid off under this Article will not be re-called into any position he has refused or has been disqualified. Employees will be retained, laid off or recalled without strict observance of seniority for the work purposes of cross training, emergency, experiment, preparing plant tools or equipment for a period not to be performed. The notified employee must advise the Company within twenty-exceed four (24) 4)working days per Contract year. Lay of a temporary nature will not exceed eight (8) hours from receipt in a work week. Students and probationary employees will be laid off first. Employees will not be laid off on a temporary basis providing they have the ability to perform the normal requirements of the notice of vacancy if wishes to accept recallleast senior job within their shift that the employee can perform. The Company will confirm acceptance of recall not use this section to the employee deny employees their rights to exercise Plant seniority in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in lay off. The Company will provide the position from which they were laid off will Chairman of the Shop Committee with a list of all employees who are to be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairpersonrecalled.

Appears in 1 contract

Samples: Unit

LAY-OFF AND RECALL. If an employee cannot (a) A layoff shall be accommodated defined as a reduction in accordance with their requestthe workforce or a reduction in the regular hours of work. Prior to implementing any layoffs, the Board will advise the appropriate Union officials. In the event of layoff, employees in order of bargaining unit wide seniority, will be placed on lay off given the option of accepting the layoff. In the event that no employee elects to accept the layoff, the employee with recall rights effective fourteen the least bargaining wide seniority (14includingprobationary employees) calendar days after receipt of with the notice provided for in Article except in those cases where a delay may Board shall be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, Recall shall be in the employee may select, in inverse order of preference, those positions bargaining unit wide seniority. The seniority employee accepting the layoff will have the option of returning to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded work within one (1) year by giving written notice to the Company in writing within the specified time limit but may be modified in the same manner Board at any time thereafter providing such modification has been received least five (5) weeks prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to the Company date of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall Unless legislation more favourable to a position outside of their original base will report for duty within fourteen the employees, the employer shall notify permanent employees who are to be off (1430) calendar days of advice prior to the Company effective date of intent to returnlayoff. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where If the employee has been unavoidably detained not had the opportunity to work the days provided in this clause, shall be for reasons beyond their controlthe days for which work was not made available. An employee who refuses The above layoff and recall procedure will be effected, provided the employees remaining at work on the basis of seniority are able to accept recall perform satisfactorily the work to a permanent position in be done. This will be subject to discussion. In order that the position from which they were operations of the Union will not become when layoffs are made, members of the local executive committee and chief xxxxxxx shall be the last persons laid off during their term of office. It shall be the responsibility of the Union to notify the Manager of Employee Relations of changes within a local executive committee. The Board agrees that no one will be considered hired while there are employees on layoff waiting and willing to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairpersonrecalled.

Appears in 1 contract

Samples: Agreement

LAY-OFF AND RECALL. If an employee canhas insufficient seniority to bump or chooses not be accommodated in accordance with their requestto bump, or if no vacancy exists or the employee is unable to or chooses not to fill a vacancy, the employee will be placed on lay off with recall rights effective fourteen twenty-one (1421) calendar days after receipt of the notice provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid offaffected employee. Within fourteen (14) calendar days of being laid off, Employeeswho have been laid-off and employeeswho have successfully exercised an option under Article will have recall rights back to the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position classification and base from which was they were laid off. Such employeeswill be provided with a Notice of Vacancy pursuant to Article Employees who are on lay-off may also request to be provided with notices of other vacancies which are being filled pursuant to Article by providing written advice will to Human Resources of the and vacancies for which they wish to be forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation copies of a notice notices of vacancy provided for in Article when they are issued. An employee holding lay laid off status will advise the Company in writing of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee of the employees who was were laid off from the position classification and base where the vacancy has occurred, orincluding employees who had successfully exercised an option under Article The location and shift of the vacancy will also be offered for bid under Article by employees in the classification, to base and location where the most senior vacancy exists. Where (a) or does not fill a vacancy, it will be offered for bid under Article on a system-wide basis, including laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performedemployees from other classifications bases. The notified employee must advise the Company within twenty-four seven (247) hours clear calendar days from receipt of the notice of vacancy if wishes they wish to accept recall. The Company Advice will confirm acceptance of recall be forwardedby fax and will be directed to the employee in writingperson who originated the notice. Employees accepting recall residing outside of the base to a position in their original base which they are being recalled will report for duty within three thirty (330) calendar days of advice to the Company of intent to return. Notwithstanding Employees residing in the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days base to return to work. Employees accepting recall to a position outside of their original base which they are being recalled will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. In both cases, employees employed by another employer at the time of recall will be allowed such time as is necessaryto give that employerreasonable notice of termination. In addition, these periods may be altered with mutual agreement in other extenuating circumstances. Employees who are recalled will be guaranteed a minimum of ninety (90) days of work, or pay in lieu. An employee who who, without reasonable cause, does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to as contained in Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their controlresigned. An employee who is on lay off and who refuses or fails to accept recall to a permanent position in the position classification and base from which they were laid off will be considered to have resigned. Notices An employee who had exercised an option under Article who refuses to accept recall to a permanent position in the classification and Correspondence base from which they were originally laid off will not be offered such recall again. Moving When an employee moves from one base to another, at the request of the Company or in accordancewith Article and subject to displacing the most junior employee in his classification in the system, they will receive the moving expenses and allowances provided for in Article Off-Duty Status The followingterms and conditionswill apply to employees in the event of temporary disruptions to operations caused by a third-party industrial relations dispute or a sudden temporary cessation of work caused by an Act of God. The Union Bargaining Committee Chairperson will be advised orally or in writing prior to any utilization of this Article. The Company will be responsible for arranging and paying the cost of transportation back to home base for any employee who is out of base on Company business at the time the disruption occurs. All notices provisions of the Agreement not specifically modified by the following will remain in full force and correspondence relating effect. Any dispute arising from the terms and conditions of this Article will be discussed by the Company and Union Bargaining Committee Chairperson as soon as possible without prejudice to the Union's right to initiate a formal grievance. Only those employeeswho are not required to work during the period the Company's services are affected will be placed on "Off-Duty Status", referred to as Reductions will take place within each affected classification and base with classification seniority determining who will be retained on duty. Employees who are not required to work will be advised in writing and will be given a minimum of forty-eight (48) hours notice. At the time such notice is given or within forty-eight (48) hours of such notice, the Company will produce and issue a letter to each employee placed on This letter will include a summary of Employment Insurance Commission procedures to be followed by the employees, the effect on Company insurance plans and any other relevant information. An employee whom the Company is unable to contact to advise of will be placed on and the written notice provided for in Article will be sent to the employee's last known address. An employee who is out of the base and who, due to an inability to travel, the Company is unable to contact to advise of work assignment will not be disciplined. Such employee will be placed on but will be returned to work within twenty-four (24) hours of the Company having knowledge of their return to the base, provided their seniority is sufficient to retain a work assignment. The shift schedules of employees who are retained on duty may be altered to conform with major changes in the normal working hours or work requirements at a location. Notice of any change to shift starting and terminating times will be provided to each affected employee at least twenty-four (24) hours in advance of the starting time of their originally scheduled shift or their new shift, whichever is the earlier. Notice of any change to days on and days off will be provided to each affected employee at least forty-eight (48) hours in advance of their originally scheduled day on or their originally scheduled day off, whichever is the earlier. Overtime will be offered in order of seniority, first to employees on who are qualified to the work and who have indicated their availability, and then to employeeswho have been retained on duty. The requirements of Article will be waived for the employees returning to Training which has been arranged or is ongoing at the time the Company's operations are affected will proceed as scheduled and the possibility of providing other training will be discussed with the Union. An employee who is on vacation will continue on vacation and, if applicable, will be placed on in accordancewith Article to take effect on the day they were to return to work. An employee retained on duty will commence vacation as scheduled. An employee placed on will either commence their vacation as scheduled or alternatively, may elect to receive their vacation pay at a later date. An employee receiving disability insurance benefits will continue to receive those benefits until they are scheduledto to work at which time they will be placed on if applicable. An employee whose illness commenced before the reduction of operations and who has not yet completed the waiting period will receive disability insurance benefits as scheduled, subject to satisfying the requirements to establish disability under the benefit plan. All insurance plans and benefits will continue in full force and effect during any period of and the employee's contribution to such plans and benefits will be collected by payroll deduction on their return to work. Unless otherwise agreed by the employee, such deductions will be made in an amount equal to the employee's regular contribution to the plans until such time as the amount owing is repaid. Employees placed on will continue to accrue service and seniority. Notification of return to duty may be verbal but must be later confirmed in writing, and will state the effective date of the return to duty. An employee will be allowed a reasonable length of time to return to duty. If employees have not been called to return from within ninety (90) days of having been placed on the situation will no longer be considered temporary and the provisions of Articles and will be in writing and copied by the Company to the Union District Chairpersonapply.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. If an employee cannot In the case of a lay-off, Temporary Employees, if any, and then Probationary Employees, and then Permanent Employees shall be accommodated in accordance laid off by department, with their request, the exception of skilled tradespersons whose services are mutually deemed to be essential for the efficient operation of the Company. Laid off employees will be placed on lay off with recall allowed to replace more junior employees in other departments provided the employees exercising such rights effective fourteen (14) calendar days after receipt of have the notice provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified skill and ability to do the job. Qualified to Employees who exercise these rights would do so for the job as referred to period of lay-off only and their security in Article means that the applicant possesses original department would not be affected. Except in the particular qualifications established by case of extreme emergency, the Company as being required for the work will give permanent employees who are to be performedlaid off notice on the bulletin boards three (3) working days prior to lay-off. The notified If the employee must advise is on leave of absence, or absent through sickness or on Worker’s Compensation at the Company within twentytime of lay-four (24) hours from receipt of off, the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall employee shall be subject to the lay-off provisions the same as if were on active status. Any employee who is laid off or continues to be laid off in violation of seniority must present a claim, in writing. Employees accepting recall , to a position in their original base will report for duty the Human Resources Department within three (3) calendar working days from the date of advice notice of such employee’s lay-off, otherwise it shall be deemed that compensation for time lost arising out of any wrongful lay-off is waived. The Company will promptly determine the merits of written claim and if it is found that the lay-off was unjust the affected employee will receive their straight time lost during such lay-off. When rehiring takes place in any department, the reverse of Section will be followed (i.e. laid off permanent employees will be recalled in order of their seniority within that department). In the event that additional employees are required by that department, then permanent laid off employees holding seniority in another department will be recalled in the order of their seniority. Permanent employees recalled to work in another department will not transfer their seniority rights to the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. department in which they are recalled except as provided for in Section Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established hold top departmental seniority pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee and who refuses to accept recall to a permanent position in the position from which they were are laid off will be considered to have resignedrecalled in order of seniority. Notices and Correspondence All notices and correspondence relating to Articles and will Notification of recall shall be made by telephone first, then in writing by registered mail or courier, to the last telephone number or address that the employee shall have recorded with the Company, and copied by the Representative shall be notified thereof. It shall be the responsibility of the employee to keep the Company to and the Union District Chairpersonnotified of his telephone number and address so that he may be contacted.

Appears in 1 contract

Samples: negotech.labour.gc.ca

LAY-OFF AND RECALL. If The Board recognizes the principle that job security should increase with the length of continuous service with the Calgary Board of Education. In the event that a reduction of Professional Support Staff is necessary, the Board will seek to effect this reduction through attrition. When lay-off of permanent employees becomes necessary, the Board shall retain employees on the basis of firstly, position description and secondly, seniority. Permanent employees laid off pending recall shall be given six (6) weeks notice, in writing, or four (4) weeks’ salary in lieu of notice. The employee who is laid off shall submit a present address and telephone number to H an employee cannot be accommodated Resources. Employees laid off in accordance with their requestthis Article shall retain recall rights for a period of one (1) year from the date of actual lay-off. Employees shall be recalled on the basis of firstly, position description and secondly, seniority. The Board will attempt to first notify employees being recalled by phone, but in any case, employees being recalled will be placed notified by registered delivery to the employees last known address on lay off with recall rights effective fourteen file (14a copy of such notice shall be sent to the Association). The recalled shall notify the Board of their intent within five (5) calendar working days after from the date of receipt of the notice as determined by the records of registration. Recalled employees who do not notify the Board within the aforementioned time frame shall be deemed to have terminated their employment with the Board. Laid off employees shall be given consideration for positions other than those which they occupied at time of layoff, provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, the employee may selectsuch employees are, in order the opinion of preferencethe Board, qualified for those positions to positions. Staff Association ARTICLE ?ay Day Salary Grids SALARY ADMINISTRATION Pay day shall be every second Friday. Each pay period, employees shall receive a statement showing deductions and adjustments and their pay shall be deposited into the employee’s bank account. If a pay day falls on a general holiday, then the pay day shall be the preceding business day. For purposes of this clause, “business day” shall mean any day between Monday and Friday, inclusive, which will accept recall is not a statutory holiday. Ten (1O) month employees shall receive an annual salary divided into twenty-two (22) equal the first of which will be shall occur at the end of the pay period in addition to that position from which was laid offthe first day worked for the new school year has taken place. Such advice will be forwarded to the Company in writing within the specified time limit but may be modified Changes in the same manner salary grid in Appendix effective September take effect at any time thereafter providing such modification has been received prior to the initiation beginning of a notice the first pay period of vacancy provided the new school year. The applicable salary grades for positions covered by this Agreement in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local UnionAppendix “ Aare attached. Notice of vacancies will Employees shall be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, paid in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change applicable rates of category, pay in Appendix New employees normally start at the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt minimum of the notice of vacancy if wishes to accept recallsalary range in the appropriate salary grades. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to the Company of intent to return. Notwithstanding the foregoingHowever, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article past relevant experience will be considered to have resigned except where in establishing the employee has been unavoidably detained for reasons beyond their controlemployee’s starting salary. An employee who refuses to accept recall to a permanent position in the position from which they were laid off Relevant experience will be considered to have resignedwhen experience is in an identical or very similar type of work and following appropriate certification. Notices and Correspondence All notices and correspondence relating to Articles and will Rates other than those listed in Appendix may be in writing and copied established only by the Company to the Union District Chairpersonmutual agreement of both parties.

Appears in 1 contract

Samples: negotech.service.canada.ca

LAY-OFF AND RECALL. If an In the event that a reduction of the staff is required, the Employer agrees that the most junior employee cannot be accommodated in accordance with their request, will be placed on lay laid off with recall rights effective fourteen (14) calendar days first, provided that the employees who remain are willing and are qualified having the skill and ability to perform the work available. When recalling employees after receipt of layoff, those last to be laid off will be the notice first to be recalled provided for that in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid offeach case, the employee may select, in order is qualified and has the skill and ability to do the work. The layoff and recall of preference, those positions to which will accept recall which will registered nurses shall be in addition to that position from which was laid off. Such advice will be forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off separate and apart from the position where layoff and recall of administrative staff. Full-time layoff shall be separate from part-time layoff. Xxxxxx and recall of shift nurses shall be separate and apart from the vacancy has occurred, or, layoff and recall of visiting nurses. The Employer will not hire any new employee to the most senior laid off employee who has, in accordance with Article requested recall to a position where fill a vacancy has occurred, whomever where there is the most senior. In those cases involving a change of category, the notice will be sent to the senior an employee on layoff who is qualified to do the jobwork available. Qualified to do the job as referred to Where a vacancy occurs in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to following a layoff hereunder the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall affected employee will be allowed not more than seven (7) calendar days offered the opportunity to return to workformer position providing has seniority rights and the employee hasthe to perform the work available. Employees accepting recall Where the employee returns to a former position outside of their original base will report for duty there shall be no obligation to consider the vacancy under Article Where the employee refusesthe opportunity to returnto former positionthe employee shall advise the Employer in writing, within fourteen (145) calendar days of advice to the Company of intent to returnreceiving notification. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in the position from which they were A laid off will be considered employee may accept a temporary assignment or apply for a part- time job posting without relinquishing recall rights. The employer shall endeavour to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company provide reasonable notice to the Union District Chairpersonof layoffs and staff displacements. In the event of a proposed layoff of a permanent or long term nature, the Employer will meet with the union to review the following: the reasons causing xxxxxx; the service which the Employer will undertake after the layoff; the method of implementation, including areas of cutback and the employees to be laid off. When the process for nursing gets triggered by the DurhamAccess to Care, the employer will inform the Union of the timelines and the areas affected.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. If an employee cannot In the event the employer determines that the work force must be accommodated in accordance with their requestreduced, employees will be selected for lay-off in reverse order of seniority within the classifications of eliminated positions. When considering such lay-offs, the District shall meet with the union in a timely manner. The District provides the union with the lay-off list of employees as soon as possible. Notification to employees is by the District. Employees who are being laid off within their classifications and who have worked successfully in another classification, or who can demonstrate the necessary skills and abilities to work in another classification, may "bump" into the lower classification. An employee will be permitted to bump into a lower-paying classification only. An employee desiring to bump into a lower-paying classification may do so provided he/she can demonstrate the necessary skills and abilities and has greater district seniority than the employee being bumped. An employee who bumps into a different job classification shall have a thirty (30) calendar day qualifying trial period to demonstrate a satisfactory job performance. After thirty (30) days if the District determines the employee’s performance to be unsuccessful in that position, the employee is placed on lay lay-off and where timelines allow, is placed on the lay-off list for possible recall to other positions. Employees bumping into new positions shall receive 100% of the wages for that classification. In the event that two or more employees seek placement in the same position through the bumping process, the employee with the greatest district seniority will be granted the opportunity. Laid-off employees are placed on a District recall rights effective list for eighteen (18) months. It shall be the responsibility of the employees laid-off to keep the district advised of their current address. A laid-off employee must return to work within fourteen (14) calendar days after receipt of the written notice provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where District that a job is available. While on the vacancy has occurredlay-off list, or, to the most senior laid off employee employees who has, in accordance with Article requested recall formerly worked more than four (4) hours per day may refuse a call back one (1) time to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (244) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall or more and may refuse a call back anytime to a position in their original base will report for duty within three of less than four (34) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to workhours. Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairperson.formerly worked four

Appears in 1 contract

Samples: Agreement

LAY-OFF AND RECALL. If an In the event that a reduction of the staff is required, the Employer agrees that the most junior employee cannot be accommodated in accordance with their request, will be placed on lay laid off with recall rights effective fourteen (14) calendar days first, provided that the employees who remain are willing and are qualified having the skill and ability to perform the work available. When recalling employees after receipt of layoff, those last to be laid off will be the notice provided for first to be recalled providedthat in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid offeach case, the employee may select, in order is qualified and has the skill and ability to do the work. The layoff and recall of preference, those positions to which will accept recall which will registered nurses shall be in addition to that position from which was laid off. Such advice will be forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off separate and apart from the position where layoff and recall of administrative staff. Full-time layoff shall be separate from part-time layoff. Xxxxxx and recall of shift nurses shall be separate and apart from the vacancy has occurred, or, layoff and recall of visiting nurses. The Employerwill not hire any new employee to the most senior laid off employee who has, in accordance with Article requested recall to a position where fill a vacancy has occurred, whomever where there is the most senior. In those cases involving a change of category, the notice will be sent to the senior an employee on layoff who is qualified to do the jobwork available. Qualified to do the job as referred to Where a vacancy occurs in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to following a layoff hereunder the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall affected employee will be allowed not more than seven (7) calendar days offered the opportunity to return to work. Employees accepting recall to a former position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where providing has seniority rights and the employee has been unavoidably detained for reasons beyond their controlthe ability to perform the work available. An Where the employee who returns to former position there shall be no obligation to consider the vacancy under Article Where the employee refuses the opportunity to accept recall return to a permanent former position the employee shall advise the Employer in the position from which they were writing, days of receivingnotification A laid off will be considered employee may accept a temporary assignment or apply for a part- time job posting without relinquishing recall rights. The employer shall endeavour to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company provide reasonable notice to the Union District Chairpersonof layoffs and staff displacements. In the event of a proposed layoff of a permanent or long term nature, the Employer will meet with the union to review the following: the reasons causing xxxxxx; the service which the Employer will undertake after the layoff; the method of implementation, including areas of cutback and the employees to be laid off. When the process for nursing gets triggered by the Durham Access to Care, the employer will inform the Union of the timelines and the areas affected.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. If an employee cannot be accommodated in accordance with their request, will be placed on The Board shall have the right to lay off employees for proper or sufficient cause. The Union shall receive written notice of any such lay-offs that occur under the provisions of this Article. The Board shall endeavour to provide four (4) weeks notice in writing to permanent employees laid off pending recall. However, in any event, permanent employees laid off pending recall shall be given three (3) weeks notice in writing or three (3) weeks pay in lieu of notice. The laid off employees shall maintain their current address and telephone number with recall rights effective fourteen (14) calendar days after receipt Human Resources. When lay-offs are necessary within a department, such layoffs shall be on the basis of reverse seniority provided the notice provided for employee retained has the required qualifications and demonstrated abilities to do the available work, For the purpose of this Article, departments shall be defined in Article except in those cases where a delay may of this Agreement. Employees laid off due to the unavailability of work shall be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, the employee may select, recalled in order of preferenceseniority, those positions provided they possess the required qualifications and ability to which will accept recall which do the available work. Employees will be in addition recalled at not less than the classification and number of hours at the time lay-off commenced. Notwithstanding Clause employees who have been laid off will have the option of accepting a temporary position at less pay or hours, without losing their recall rights. The laid off employee will automatically be promoted, on a seniority basis, to that any future openings of more hours or more pay than the temporary position from which was laid they have accepted, up to the classification and hours held prior to lay-off. Such advice New employees will not be hired within a department when employees are on lay-off due to the unavailability ofwork, when the employees laid off possess the qualifications and ability necessary for the work available. Employees subject to recall, as in Clause shall be notified by registered letter, forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior last known address, with a copy provided to the initiation Secretary of a notice of vacancy provided for in Article the Union. An employee holding lay off status will so notified shall advise the Company of any change of addressHuman Resources, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurredwithin five (5) working days, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall Failure by an employee to a position outside of their original base will report for duty to work within fourteen (14) calendar ten working days of advice to receipt of the Company letter shall result in termination of intent to returnemployment. An Any employee who does has not comply with Article or Article or, having accepted recall, fails to return been recalled within the time limit established pursuant to Article will one (Iy)ear shall be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairpersonregarded as terminated.

Appears in 1 contract

Samples: Agreement

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LAY-OFF AND RECALL. If an employee cannot be accommodated in accordance with their request, will be placed on lay off with recall rights effective fourteen (14) calendar days after receipt The Board shall maintain a seniority list of all of the notice provided for Bargaining Unit. Seniority shall mean any continuous service with the Board or predecessor Boards measured from the first day worked in Article except the Bargaining Unit. When addressing seniority issues, all ties shall be broken based on the following criteria in those cases where order: Continuous service with the Board since the date of last hiring measured from the first day worked. Total non-continuous years of service with the Board. By lot in the presence of the Bargaining Unit President (or designate) by placing in a delay may hat the names of all who are tied. The Manager of Human Resources will draw the names. The first name drawn is to be required for a senior employee to assume most senior, and so on, until the position names of an employee being laid offall persons tied have been drawn. Within fourteen (14) calendar days A Seniority List of being laid off, the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position from which was laid off. Such advice will all and their job classifications shall be forwarded by the Manager of Human Resources to be posted in each work place by January and brought up to date once yearly. Any questions related to the Company accuracy of the seniority list must be submitted in writing within thirty (30) working days of the specified time limit but may posting, following which the dates will be modified in considered to be correct. Copies of the same manner at any time thereafter providing such modification has been received prior seniority list will be supplied to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice New shall serve a probationary period of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice months after which their continuous service shall date back to the Company first day worked. A who is absent from work due to an approved leave of intent absence shall continue to returnaccumulate seniority during the period of such absence. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article Seniority will be considered to have resigned except where been terminated when a Resigns or retires; Is discharged and is not re-instated; Fails to return to work upon being recalled in accordance with the employee has been unavoidably detained for reasons provisions of this Agreement; Is laid off beyond their controlthe period during which the was entitled to be recalled. An employee who refuses to accept recall to a permanent position Lay-off In the event of lay-off, the Board shall lay off in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairpersonreverse order of their seniority.

Appears in 1 contract

Samples: negotech.labour.gc.ca

LAY-OFF AND RECALL. If an Inthe event of a reductionof available work in any classification, the employee cannot in such classification having the least amount of seniority may be accommodated laid off for period or periods up to thirty (30) calendar days accumulative in any contract year. Prior to the expiry of the thirty (30) calendar days, Com- pany Representatives and the Office Union and Negotiating Committee will confer to make satis- factory arrangements with a view to employing such laid off employee consistent with his senior- ity in accordance with their requestthe following procedure, will be placed on lay off with recall rights effective fourteen (14) calendar days after receipt providing in each case that the employeeaffected is able and willing and has the qualifications to do the work of the notice provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being be laid off. Within fourteen (14) calendar days of being laid offThe affected employee shall displace the junior employee ina classificationpreviously held by the affected employee, provided in each case, the affectedemployee is able and willing and has the qualifications to do the work of the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position from which was laid off. Such advice In the event the affected employee is unable to displace an employee as provided in above, he shall displace thejunior ina salary level which is at the same or one (1) level below the salary level by the affected employee, or failing that he shall displace the junior employee in suc- cessively lower levels and must accept the first job to which his entitles him. In the event the affected employee is unable to displace an employee as provided in of he shall continue to be laid off. In order to out the intent of this section, the Company shall first lay off probationary employ- ees in the event of a reduction of available work, provided that employees are qualified to do the work of the employees to be laid off. When there is an increase in the work force laid off employees will be forwarded recalled in accordance to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation reverse of a notice of vacancy provided for in Article An employee holding lay off status will advise procedure provided they are able and willing and have the Company of any change of addressqualifications to perform the available work, in writingand that such layoff is less than twelve (12) consecutive months. In the event such layoff is more that twelve (12) consecutive months, with a copy to the Local Union. Notice of vacancies an increase inthe workforce will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, performed in accordance with Article requested recall to In the event of a position where layoff, a vacancy has occurred, whomever is the most senior. In those cases involving a change list of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work employees to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company made available to the Union District Chairperson.Office Chairman and the Company will give employees five (5)working days advance notice of layoff. Notwithstanding their seniority status, the Chair- manof the Office Union and Negotiating Commit- tee and the Committee Member shall be continued at work when work is available in the bargaining unit, providedthey are able and willing and have the qualifications to do the work of the employees to be laid off. Notwithstandingother provisions of this Article, in the event of a layoff ina classification with two (2) or more incumbentswhich is known at the time to be of a temporary periodof two (2) weeks or more but notexceedingsixty (60) days, the parties may confer to mutually arrange a layoff on the basis of inverse seniority. It is understood that any such arrangement will include provisionthat employeesin the classifica- tion affectedwith less than one (1) year’s seniority will be laid off first and any subsequent layoffs by inverse seniority will be by classification. Devia- tions may be made by mutual agreement the parties. If the number of employees to be laid off on an inverse basis under such a special provision would adversely affect the efficiency of the clas- sification the Company may decline to effect such inverse layoff. It is understood that the Company will not be liablefor any claim for back pay resultingfrom the application of any inverse seniority provision.- ARTICLE

Appears in 1 contract

Samples: Memorandum of Agreement

LAY-OFF AND RECALL. If an employee cannot In the event the employer determines that the work force must be accommodated in accordance with their requestreduced, employees will be selected for lay-off in reverse order of seniority within the classifications of eliminated positions. When considering such lay-offs, the District shall meet with the union in a timely manner. The District provides the union with the lay-off list of employees as soon as possible. Notification to employees is by the District. Employees who are being laid off within their classifications and who have worked successfully in another classification, or who can demonstrate the necessary skills and abilities to work in another classification, may "bump" into the lower classification. An employee will be permitted to bump into a lower-paying classification only. An employee desiring to bump into a lower-paying classification may do so provided he/she employee can demonstrate the necessary skills and abilities and has greater district seniority than the employee being bumped. An employee who bumps into a different job classification shall have a thirty (30) calendar day qualifying trial period to demonstrate a satisfactory job performance. After thirty (30) days if the District determines the employee’s performance to be unsuccessful in that position, the employee is placed on lay lay-off and where timelines allow, is placed on the lay-off list for possible recall to other positions. Employees bumping into new positions shall receive 100% of the wages for that classification. In the event that two or more employees seek placement in the same position through the bumping process, the employee with the greatest district seniority will be granted the opportunity. Laid-off employees are placed on a District recall rights effective list for eighteen (18) months. It shall be the responsibility of the employees laid-off to keep the district advised of their current address. A laid-off employee must return to work within fourteen (14) calendar days after receipt of the written notice provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where District that a job is available. While on the vacancy has occurredlay-off list, or, to the most senior laid off employee employees who has, in accordance with Article requested recall formerly worked more than four (4) hours per day may refuse a call back one (1) time to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (244) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall or more and may refuse a call back anytime to a position in their original base will report for duty within three of less than four (34) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to workhours. Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairperson.formerly worked four

Appears in 1 contract

Samples: lacenterschools.org

LAY-OFF AND RECALL. If (a) In the event of a lay-off, casual and temporary employees shall be laid off first, followed by probationary employees. Thereafter, should a further lay-off of employees be required, regular full-time and regular part-time employees shall be laid off in the reverse order of their bargaining unit seniority provided that the employees retained are qualified and willing to perform the available work. Regular full- time and regular part-time employees shall be recalled in the order of their bargaining unit seniority providing they are qualified to do the work. Collective Agreement January March No new employees shall be hired and no casual employees shall be retained on a permanent or temporary basis until qualified regular full- time and regular part-time employees on lay-off have been given the opportunity of re-employment. The posting procedure in the collective agreement shall not apply until the recall procedure has been completed. The Hospital also agrees that it will not call in casual employees until any qualified regular full-time or regular part- time employees on lay-off have been given the opportunity of re- employment on a casual basis. A regular full-time or regular part-time employee who declines casual employment does not forfeit her right of recall under this article. In determining the ability of an employee canto perform the work for the purposes of this article, the Hospital shall not act in an arbitrary or unfair manner. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten 0) working days. An employee who has been recalled to such temporary vacancy shall not be accommodated in accordance with their request, will required to accept such recall and instead may remain on lay-off. No full-time employee within the bargaining unit shall be laid off by reason of her duties being assigned to one or more part-time employees. In the event of any lay-off and/or proposed lay-off: A laid off or transferred employee may elect to accept the lay- off and be placed on lay a recall list for twenty-four (24) months. A laid-off with employee may displace an employee who has lesser bargaining unit seniority if the employee originally subject to lay-off is qualified and willing to perform the job of the displaced employee, subject to Article and below. Such employee so displaced shall be laid off subject to her rights under this section. It is understood that an employee who accepts a transfer under this section retains her recall rights effective fourteen for twenty-four (1424) calendar days after receipt of the notice provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid offmonths but forfeits her bumping rights under this article. Within fourteen (14) calendar days of being laid off, the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise who chooses to displace must notify the Company of any change of addressHospital, in writing, with of her intention to do so within fourteen 4) days of receiving her notice of lay-off. An employee originally subject to a copy short-term lay-off must be able to perform the duties of the displaced employee. Collective Agreement January March An employee originally subject to a long-term or indefinite lay-off shall have the right to up to the Local Unionsame orientation period as would be accorded a new employee. Notice An employee who displaces an employee in a lower paying classification shall be placed on the lower salary scale at the increment that is closest to her old salary. If the employee’s old salary is greater than the maximum of vacancies will the new scale, then the employee shall be sent by Registered Mail placed at the maximum on the new scale. An employee recalled to work in a different classification or position from which she was laid off, or an employee who has displaced an employee in a lower classification or another position, shall be entitled to return to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, she held prior to the most senior laid lay-off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company should it become vacant within twenty-four (24) hours from receipt months of the notice lay-off, provided that the employee remains qualified and able to perform the duties of vacancy if wishes to accept recallher former position. The Company will confirm acceptance Hospital shall notify employees of a recall opportunity by registered mail addressed to the last address on record with the Hospital. The notification shall state the job to which the employee in writing. Employees accepting recall is eligible to a position in their original base will be recalled and the time at which the employee shall report for duty within three (3) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall to The employee is solely responsible for her current address being on record with the Hospital. This provision will apply for a position outside period of their original base will report for duty within fourteen twenty-four (1424) calendar days of advice to the Company of intent to returnmonths following lay-off. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairperson.ARTICLE PROMOTIONS AND TRANSFERS

Appears in 1 contract

Samples: Collective Agreement

LAY-OFF AND RECALL. LAY-OFF In the cases of lay-off, either temporary or permanent, all probationary employees shall be laid off first. In the event of lay-offs, the person with the lowest grade within the job classification will be laid off first, regardless of Authority seniority. Employees with higher Authority seniority in one classification shall have the right to bump, if they qualify, employees in another classification. However, a senior employee with qualification will not be laid off from the Authority. The last employee to be laid off shall be the first to be recalled in accordance with seniority in their job classification. If an employee cannot be accommodated in accordance with their request, will be placed on lay off with recall rights effective fourteen (14) calendar fails to report for work within 10 working days after notification by certified mail, return receipt requested, has been sent to his/her last known address on file with the Authority, and similar notice of the notice provided for in Article except in those cases where a delay may be required for a senior employee to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, the employee may select, in order of preference, those positions to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded same has been sent to the Company in writing within Union, that a position is open, said employee shall be considered terminated. When it becomes necessary to reduce the specified time limit but may number of employees the least employee(s) shall bump employees with less seniority provided that the bumping employees affected possess the minimum qualifications to perform the job. The rate of pay shall be modified in the same manner at any time thereafter providing such modification has been received prior to regular rate of pay for the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise job assumed. The Authority shall notify the Company of any change of addressUnion, in writing, with a copy at least one (1) week prior to any permanent lay off. This notification shall not apply for any layoff (permanent) where work is not available due to circumstances beyond the control of the Authority; i.e. such as fire, labor dispute, equipment, or power failure, which arose too suddenly to permit such notice. Nevertheless, such notice still shall be given as soon as possible. The Union shall be notified immediately of any recall. RECALL Employees to be recalled from layoff may be notified by phone whenever necessary by the Authority. The Authority will notify the employees eligible for recall by certified letter, return receipt requested, and telephone to the Local Union. Notice of vacancies will be sent by Registered Mail to employee’s last contact address on record with the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means Authority stating that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four has five (24) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (35) calendar days to notify the Authority of advice his/her intent to return to work from the date of the letter is received. Upon completion of total recall and all laid-off employees are back to work, the recalled employees shall be moved back to the Company of intent classification and shift held prior to returnthe layoff. Notwithstanding In the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven event employee fails to report back to work within ten (710) calendar days from the date of notification of recall, the employee shall be considered terminated. No new employee shall be hired by the Authority to a job covered by this contract until all laid-off employees with seniority have been given the opportunity to return to work. Employees accepting recall In the event of dismissal due to lack of work, a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An full-time employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article has completed his/her probationary period will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairpersonreceive two weeks’ salary upon termination.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFF AND RECALL. If an employee canThe number of Members whose employment is to be terminated in shall be no greater than the number of full-time equivalent teachers known on the date of the Board’s last meeting in May to be employed for the forthcoming September less the number of full-time equivalent teachers projected to be required for employment for September of the next school year. In the event the Board hires new Members prior to the notice of lay-off, the number of full-time equivalent positions declared laid-off, as determinedby shall be reduced by a number equal to the full-time equivalent teachers hired. Members given lay-off notices shall be the least senior Members in the employ of the Board. In the event a Member receives a letter by May in any year indicating that the Member is to be laid-off and has not been placed in alternative employment with the Board on or before May of the same year and has been so notified by the Executive of Human Resources, the Member’s employmentmay be accommodated terminated by the Board and such terminationbecomes effective August such year. All Members whose employment may be so terminated will be notified in writing by the Director of Education and this notification will clearly state that termination is for reasons of lay-off. Members originally given lay-off notices, but not terminated, shall be considered surplus for purposes of placement and recall. Such Members shall be notified in writing by the Executive Officer of Human Resources of this change in status. Reinstatementof Laid Off Members A Recall List, by seniority, will be kept of all Members declared laid-off. Reinstatement of qualified Members in good standing will occur from this Recall List prior to any external hiring subject to Article Until August and as the number ofpositions required for each September will permit, reinstatement will be in the reverse order of seniority so that the least senior Member is the last reinstated. When reinstated, Members will be credited with the teaching experience they held at the time the lay off takes effect. A Member who is recalled within one year in accordance with their request, will this Article shall be placed on lay off with recall rights effective fourteen (14) calendar days after receipt of the notice provided for reinstated as though there had been no in Article except in those cases where a delay may service or seniority and shall be required for a senior employee entitled to assume the position of an employee being laid off. Within fourteen (14) calendar days of being laid off, the employee may select, in order of preference, those positions sick leave accrued to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded to the Company in writing within the specified time limit but may be modified in the same manner at any time thereafter providing such modification has been received prior to the initiation of a notice of vacancy provided for in Article An employee holding lay off status will advise the Company of any change of address, in writing, with a copy to the Local Union. Notice of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performed. The notified employee must advise the Company within twenty-four (24) hours from receipt of the notice of vacancy if wishes to accept recall. The Company will confirm acceptance of recall to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice to the Company of intent to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed termination. Cumulative sick leave as well as teaching experience for grid placement purposes shall not more than seven (7) calendar days to return to work. Employees accepting recall to a position outside accrue during any period of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant to Article will be considered to have resigned except where the employee has been unavoidably detained for reasons beyond their control. An employee who refuses to accept recall to a permanent position in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by the Company to the Union District Chairpersonlay-off.

Appears in 1 contract

Samples: Letter of Agreement

LAY-OFF AND RECALL. If an employee cannot Call back to suitable vacancies shall be accommodated made in accordance with their request, the following order: Members on the Recall List Increase in Status of Employment Probationary Vice-PrincipalReturning to the Union Consideration will be placed on lay given for Long-Term Occasional Teachers Former Elementary Members seeking an opportunity to return from the Secondary Panel Consideration will be given to SecondaryTeachers who have been laid off with recall rights effective fourteen (14) calendar days after External Hiring Members shall notify the Executive Officer of Human Resources or designate in writing receipt of the notice provided for termination letter, of their desire to be reinstated if positions become available. This notification shall be given by June of each year the Member remains on the Lay-off list. Notwithstanding Clause the Executive Officer of Human Resources will reinstate the most senior qualified to teach in Article except in those cases where a delay may be required for a programs requiring special qualifications, on the condition that more senior employee Members are neither interested nor able to assume acquire the position of an employee being laid off. Within fourteen (14) calendar days of being laid offneeded qualifications, the employee may select, in order of preference, those positions prior to which will accept recall which will be in addition to that position from which was laid off. Such advice will be forwarded to the Company in writing or within the specified time limit but first year of that assignment. Notwithstanding Clause the Executive Officer of Human Resources may be modified in the same manner at any time thereafter providing such modification has been received hire new teachers for positions for which no qualified Member is available, prior to the initiation reinstatement of a notice of vacancy provided for in Article An employee holding lay all laid-off status will advise the Company of any change of address, in writing, with a copy Members. Such hiring is subject to the Local Union. Notice condition that laid-off Members are neither interested nor able to acquire the needed qualifications, prior to or within the first year of vacancies will be sent by Registered Mail to the most senior laid off employee who was laid off from the position where the vacancy has occurred, or, to the most senior laid off employee who has, in accordance with Article requested recall to a position where a vacancy has occurred, whomever is the most senior. In those cases involving a change of category, the notice will be sent to the senior employee who is qualified to do the job. Qualified to do the job as referred to in Article means that the applicant possesses the particular qualifications established by the Company as being required for the work to be performedassignment. The Bargaining Unit shall be notified employee must advise the Company within twenty-four five (245) hours from receipt days of the notice number of vacancy if wishes full time equivalent teachers hired or reinstated according to accept recall. The Company will confirm acceptance Xxxxxxx and August Members terminated for reasons of recall lay-off shall be offered positions that may occur within the Board, for up to the employee in writing. Employees accepting recall to a position in their original base will report for duty within three (3) calendar days of advice years, for which they are qualified, or are willing to acquire the Company of intent necessary qualifications prior to return. Notwithstanding the foregoing, employees employed by another employer at the time of recall will be allowed not more than seven (7) calendar days to return to work. Employees accepting recall to a position outside of their original base will report for duty within fourteen (14) calendar days of advice to the Company of intent to return. An employee who does not comply with Article or Article or, having accepted recall, fails to return within the time limit established pursuant first year of that assignment as per The Board shall offer positions as they occur for up to Article will be considered three (3) years to have resigned except where qualified Members, or Members who are willing to acquire the employee has been unavoidably detained for reasons beyond their control. An employee who refuses necessary qualifications prior to accept recall to a permanent position or within the first year of that assignment, in the position from which they were laid off will be considered to have resigned. Notices and Correspondence All notices and correspondence relating to Articles and will be in writing and copied by reverse order of seniority so that the Company to least senior qualified Member is the Union District Chairpersonlast offered the position.

Appears in 1 contract

Samples: Letter of Agreement

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