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

LAY-OFF & RECALL PROCEDURE. A. In the event that the Department shall lay-off a non-civil service employee because of a reduction in force, the least senior employee in the title in the Department shall be laid off, with seniority defined as service in the Department. For the purpose of this Article the term non-civil service employee shall apply to all employees not appointed from a civil service list. B. Employees to be laid off shall receive a minimum of five (5) days advance written notice except that employees on any previously approved leave shall receive a minimum of ten (10) days advance written notice. Time periods under this Section shall commence where notices are hand delivered or when they are mailed by certified or registered mail. C. An employee may bump to a lower title within Bargaining Unit Four for which the employee is deemed qualified by the Department if there is an employee in such title(s) with less seniority. Whenever practicable, affected employees will have four (4) working days but in no event less than two (2) working days to exercise these rights from the time of notification. Such exercise of rights shall be in writing to the Appointing Authority. The Department may give those employees separated from service under this Article ten (10) working days’ notice, but in no case shall affected employees receive less than five (5) days’ notice. A. In the event of a recall, the order of layoff and bumping described in Section 1 shall be reversed and employees shall be returned to the title from which they were laid-off or bumped in accordance with their seniority. B. The Department shall maintain a recall roster from which laid-off employees will be recalled, to positions to be filled, in accordance with their seniority and their qualifications to perform the work. C. A laid-off employee will remain on the recall roster for two (2) years except an employee who is offered recall to a position in the same job grade as the position from which he/she was laid-off and who refuses such offer within seven (7) calendar days of the receipt of such recall offer shall be removed from the recall list and his/her recall rights shall terminate at that time. Section 3. Employees who are separated from employment as the result of the implementation of this Article and who are subsequently recalled to employment shall for the purposes of determining their salary upon recall be credited with their prior service and placed at the appropriate step on the salary schedule.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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LAY-OFF & RECALL PROCEDURE. A. 19.01 In the event that the Department shall of lay-off a non-civil service employee because offs for lack of a reduction in forcework, the least senior employee following procedures will be observed: a) Students, then probationary employees shall be terminated before regular fulltime employees are effected; then b) Lay-offs will be in the title in inverse order of seniority, that is, the Department employee with the least plant wide seniority shall be laid off, with seniority defined as service in the Department. For the purpose of this Article the term non-civil service employee shall apply to all employees not appointed from a civil service list. B. Employees first to be laid off shall receive a minimum of five providing the senior employee has the skill, ability and physical fitness to perform the job within one (51) days advance written notice except that employees on any previously approved leave shall receive a minimum of day without additional training for posted positions, and ten (10) days advance written noticefor unposted positions. c) The Company will post a memo on the bulletin boards when notices of lay-off have been issued to employees because of impending work shortages. Time periods Within the next three (3) working days, employees with more seniority than those notified may approach the Company and volunteer to take the lay-off. Such requests will be reviewed in order of seniority and shall take into consideration the necessity of maintaining the operation of the Factory with capable employees. In keeping with the needs and dictates of the business, the Company reserves the right to reject any voluntary request for lay-off and such decision shall not be subject to the grievance procedure. A request for voluntary lay-off may not be withdrawn once it has been granted and the affected junior employee has been notified. Employees who are laid-off through the exercise of their seniority under this Section provision shall commence where notices are hand delivered waive entitlement to any additional notice, or when pay in lieu of notice, under the Employment Standards Act. They shall remain on lay-off until such time as work is again available and the Company needs to increase its active workforce. If volunteers have not been recalled within twelve (12) weeks and there is work available to their seniority which they are mailed by certified or registered mailcapable of performing, they will be recalled after they have provided the Company with at least two (2) weeks advance notice in writing of their desire to return and the required notice has been provided to the junior employee who will be laid off as a result. C. An employee d) In the event of unanticipated shortage of materials or major equipment failure, the Company may bump lay-off employees for a temporary period not to a lower title within Bargaining Unit Four for which the employee is deemed qualified by the Department if there is an employee in such title(s) with less seniority. Whenever practicable, affected employees will have four (4) working days but in no event less than exceed two (2) working days only once during a six (6) calendar month period without regards to exercise these rights from the time lay-off and recall provisions of notification. Such exercise this Collective Agreement and only after consultation with the Union. e) When production requirements are reduced because of rights a lack of work, the normal hours of work as prescribed in Articles 11.01 - 11.02 - 11.03 - 11.04 - 11.05 - 11.06 – 11.07 or 11.08 of this Agreement shall not be altered, modified or reduced for employees required to perform work for the Company while operations in the plant continue. 19.02 In the event of impending lay-off due to lack of work, all employees to be laid off shall be given one (1) working days advance notice, or in writing lieu thereof sixteen (16) hours pay. The Shop Stewards in the plant shall be given one (1) working days notice of pending lay-offs. 19.03 When it is necessary to recall employees to the Appointing Authority. work force, the following procedure will be used: a) The Department may give those employees separated from service under this Article employee with the greatest plant wide seniority shall be the first to be recalled providing the senior employee has the skill, ability and physical fitness to perform the job within one (1) day without additional training for posted positions, and ten (10) working days’ notice, days for unposted positions. b) The employee so selected for recall shall be contacted by XPRESSPOST letter or via Courier as outlined below with a request to return to work. A verbal request to return to work may be utilized to attempt to have the employee return quickly to the work force but in no case shall affected employees receive less than five (5) days’ noticewill an employee be considered as terminated where they answer negatively to a verbal recall or fail to give a definite answer to a verbal recall. A. In c) When an employee is given notice of their recall from lay-off to active employment by XPRESSPOST mail or via Courier to their address which was last recorded with the event of a recallCompany, the order of layoff and bumping described in Section 1 shall be reversed and employees shall be returned employee must return to the title from which they were laid-off or bumped in accordance with their seniority. B. The Department shall maintain a recall roster from which laid-off employees will be recalled, to positions to be filled, in accordance with their seniority and their qualifications to perform the work. C. A laid-off employee will remain on the recall roster for two (2) years except an employee who is offered recall to a position in the same job grade as the position from which he/she was laid-off and who refuses such offer work within seven (7) calendar working days of the receipt date the Company mails the XPRESSPOST letter or sends the notice via Courier. Failure to properly respond to the foregoing requirements, the employment of such recall offer an employee may be terminated unless they can provide and substantiate a bona fide reason for not doing so to the satisfaction of the Company. 19.04 Because of the nature of the work involved and the skills required in the following classifications: • Maintenance Millwright (licensed) • Service Persons and Service Helpers • Electrician (licensed) The employees in the foregoing classifications who would normally be laid off because of their lesser seniority and in accordance with the procedures established in Article 19.01, said employees shall be removed protected from lay-off when it is necessary that the recall list functions of their regular duties must be continued and his/her recall rights that employees with greater plant-wide seniority may be laid off. Should an operation containing any of the classifications defined above be suspended during a lay-off and in which employees currently protected are working, it shall terminate at that timebe deemed as cause for such employees who have lesser plant-wide seniority in the protected positions to be laid off than those employed in non-protected jobs, and conversely, those with greater plant-wide seniority will be entitled to be accommodated in non-protected positions. Upon the resumption of any temporarily suspended operations caused by a lay-off, employees whose regular jobs are within the classifications sheltered under Article 19.04 may be recalled without regard to plant-wide seniority (but in conformity with the order in which they were laid off from their regular jobs, (e.g. "the protected classifications") to enable an expeditious return to normal operations as soon as possible. In the event a Department or group classification is permanently discontinued for any reason, employees affected by the cessation shall be accommodated by means of a transfer by the Company into a group classification and their current rate of pay will be maintained for a period of three (3) calendar months. After three (3) months in the new group classification, their rate of pay will be adjusted accordingly. Section 3. Employees who are separated from employment as 19.05 Charge Hands shall not be laid off irrespective of their seniority and their positions shall be preserved only when their respective departments continue to operate, including when the result of the implementation of this Article and who are subsequently recalled to employment shall for the purposes of determining their salary upon recall be credited with their prior service and placed department is running at the appropriate step on the salary schedulepartial capacity.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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LAY-OFF & RECALL PROCEDURE. A. 19.01 In the event that the Department shall of lay-off a non-civil service employee because offs for lack of a reduction in forcework, the least senior employee following procedures will be observed: a) Students, then probationary employees shall be terminated before regular fulltime employees are effected; then b) Lay-offs will be in the title in inverse order of seniority, that is, the Department employee with the least plant wide seniority shall be laid off, with seniority defined as service in the Department. For the purpose of this Article the term non-civil service employee shall apply to all employees not appointed from a civil service list. B. Employees first to be laid off shall receive a minimum of five (5) days advance written notice except that employees on any previously approved leave shall receive a minimum of providing the senior employee has the skill, ability and physical fitness to perform the job within ten (10) days advance written noticefor unposted positions. c) The Company will post a memo on the bulletin boards when notices of lay-off have been issued to employees because of impending work shortages. Time periods Within the next three (3) working days, employees with more seniority than those notified may approach the Company and volunteer to take the lay-off. Such requests will be reviewed in order of seniority and shall take into consideration the necessity of maintaining the operation of the Factory with capable employees. In keeping with the needs and dictates of the business, the Company reserves the right to reject any voluntary request for lay-off and such decision shall not be subject to the grievance procedure. A request for voluntary lay-off may not be withdrawn once it has been granted and the affected junior employee has been notified. Employees who are laid-off through the exercise of their seniority under this Section provision shall commence where notices are hand delivered waive entitlement to any additional notice, or when pay in lieu of notice, under the Employment Standards Act. They shall remain on lay-off until such time as work is again available and the Company needs to increase its active workforce. If volunteers have not been recalled within twelve (12) weeks and there is work available to their seniority which they are mailed by certified or registered mailcapable of performing, they will be recalled after they have provided the Company with at least two (2) weeks advance notice in writing of their desire to return and the required notice has been provided to the junior employee who will be laid off as a result. C. An employee d) In the event of unanticipated shortage of materials or major equipment failure, the Company may bump lay-off employees for a temporary period not to a lower title within Bargaining Unit Four for which the employee is deemed qualified by the Department if there is an employee in such title(s) with less seniority. Whenever practicable, affected employees will have four (4) working days but in no event less than exceed two (2) working days to exercise these rights from the time of notification. Such exercise of rights shall be in writing only once during a six (6) calendar month period without regards to the Appointing Authority. The Department may give those employees separated from service under lay-off and recall provisions of this Article ten (10) working days’ notice, but in no case shall affected employees receive less than five (5) days’ noticeCollective Agreement and only after consultation with the Union. A. e) When production requirements are reduced because of a lack of work, the normal hours of work as prescribed in Articles 11.01 - 11.02 - 11.03 - 11.04 - 11.05 - 11.06 – 11.07 or 11.08 of this Agreement shall not be altered, modified or reduced for employees required to perform work for the Company while operations in the plant continue. 19.02 In the event of a recallimpending lay-off due to lack of work, all employees to be laid off shall be given one (1) working days advance notice, or in lieu thereof sixteen (16) hours pay. The Shop Stewards in the plant shall be given one (1) working days notice of pending lay-offs. 19.03 When it is necessary to recall employees to the work force, the order of layoff and bumping described in Section 1 following procedure will be used: a) The employee with the greatest plant wide seniority shall be reversed and employees shall be returned to the title from which they were laid-off or bumped in accordance with their seniority. B. The Department shall maintain a recall roster from which laid-off employees will be recalled, to positions first to be filledrecalled providing the senior employee has the skill, in accordance with their seniority ability and their qualifications physical fitness to perform the work. C. A laid-off employee will remain on the recall roster for two (2) years except an employee who is offered recall to a position in the same job grade as the position from which he/she was laid-off and who refuses such offer within seven (7) calendar days of the receipt of such recall offer shall be removed from the recall list and his/her recall rights shall terminate at that time. Section 3. Employees who are separated from employment as the result of the implementation of this Article and who are subsequently recalled to employment shall for the purposes of determining their salary upon recall be credited with their prior service and placed at the appropriate step on the salary schedule.ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

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