LAY-OFF & RECALL. Section 1. Whenever it is determined that a layoff is reasonably necessary, the following procedures will apply. Section 2. All bargaining unit employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing any full-time regular employees. Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows: a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules. b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree. Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘ Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list. Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled. Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LAY-OFF & RECALL. Section 1A layoff shall be defined as a reduction in the work force or a reduction in the regular hours as defined in this Agreement. Whenever it The Division shall give the employee notice ofthe date on which is determined that to be laid off at least fifteen (15) days before the date on which is to be laid off or in the absence of such notice shall grant pay in lien thereof. The Union shall be copied on all such notices. Employees who receive a layoff notice must declare in writing their intention to “displace” a junior employee within the first five (5) working days ofreceipt of the layoff notice. It is reasonably necessaryagreed between the parties that failure to do so will mean that the employee accepts layoff at the end of the fifteen (15) day notice period. Both parties recognize that job security shall increase in proportion to length of service. Therefore, an employee who is laid off may displace any employee in the following procedures will apply.bargaining unit with less seniority provided that they either:
Section 2a) possess the qualifications to perform the duties of the position of the less senior employee can be trained, within a time period not to exceed one (1) month, to the duties of the position. All bargaining unit employees in an initial probationary period working in positions affected by the layoff will be assigned who are laid off and choose to other appropriate positions if available, or, if no other positions are availablenot exercise their seniority rights to displace a less senior employee, shall be placed on a recall list. They shall receive first option, in line of seniority, for all casual or temporary employment. Seniority shall accrue for all time worked. Notification of recall following layoff shall be sent by registered mail to the last address reported by the employee. Employees on the recall list shall be recalled in the order of their seniority and new employees shall not be hired until those who are laid off prior have been given an opportunity of recall. Educational Assistant during June of the School Year
a) In any movement of personnel within the Educational Assistant classificationthe primary criteria in determining placement shall be that the continuity of educational programs to displacing any full-time regular employees.
Section 3the is not affected. Staffing Laid off or displaced Educational Assistants may exercise their rights under Article to displace a more junior employee in another classification; or displace the most junior Educational Assistant in their school; or displace the most junior Educational Assistant in the event that economic conditions require Division. In the layoff instance of fullthe displacedjunior Educational Assistant in the school may displace the most junior Educational Assistant in the Division. Employees who receive a lay-time personnel, it off notice must declare in writing their intention to “displace” a junior employee within the first five (5) days of receipt of the lay-off notice. It is agreed as follows:
a. No layoff shall reduce fullbetween the parties that failure to do so will mean that employee accepts lay-time personnel below off at the end of the fifteen (15) day notice period. Refusal of recall to casual employment in three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laidinstances during a lay-off employees will be notified by registered mail at their last known address period shall relieve onus on the Division to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority call this employee for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated any future casual employment during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF & RECALL. Section 1(a) For the purposes of this Collective Agreement, a "lay off" will be defined as a reduction in the workforce which results in a displacement of employee(s), a reduction in their regular hours and/or a loss of employment. Whenever it Such a lay off shall be deemed indefinite if any employee(s) is determined that laid off for a period of more than twenty (20) working days and temporary if for a period of up to twenty (20) working days. In such circumstances, affected employees shall have the right to: accept the layoff is reasonably necessary, and retain their recall rights or exercise their bumping rights. Employees subject to indefinite lay off shall also have the following procedures will applyopportunity to accept a VEP as described hereafter.
Section 2. All bargaining unit (b) Should it become necessary to reduce the workforce within a classification, employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior in reverse order seniority and any employee so affected shall then exercise his or her seniority in the following manner: Within any classification, for which they are qualified and in which junior employees are working. For purposes of this clause, Apprentices are deemed to displacing any be in a separate classification from journeymen. Customer Service Representatives: When the Company deems it necessary to lay-off Customer Service Representatives, part-time employees will first be laid off in reverse order of seniority. Any employee so affected, and who chooses to exercise their bumping rights shall be able to bump a less senior employee shall do so in the following manner and it is agreed and understood that no part-time employee, regardless of seniority, will be allowed to bump a full-time regular employeesemployee.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3c) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees Employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will shall be notified by registered mail at their last known address to return to work within fourteen (14) calendar days recalled in order of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this periodeligible to fill a vacancy in classification higher than their former position provided they have the necessary qualifications. Employees will Still, the employee may be recalled required to serve a familiarization period of one (1) month upon return and may, subsequent to acceptance in reverse order of the position, be required to upgrade their layoff subject to their skill and ability to perform skills in the job to which they are recallednew classification.
Section 7. Upon layoff, an employee (a) No member of the Bargaining Unit shall be paid laid off if any other employment for accrued but unused vacation and compensatory timesuch member is available with the Company. Such payment Management will discuss with the Union, any contemplated reduction in staff prior to such becoming effective. In the event that a reduction of staff does occur - probationary and/or temporary employees, students, contractors and/or any other persons who are not full time permanent employees (who are performing the work in question) shall be included with released before any bargaining unit employee is laid off.
(b) Should such a lay off be deemed indefinite, the employee's last regular paycheck.Company shall provide any employee(s) so affected written notification of same at least sixty
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF & RECALL. Section 1. Whenever it is determined that a layoff is reasonably necessary, The board shall give each employee in the following procedures will apply.
Section 2. All bargaining unit employees who has acquired seniority and who is to be laid-off for a period greater than thirteen (13) weeks, notice in an initial probationary period working writing of his lay off in positions affected by with the layoff will following: up to years service one week notice over year but less than years service two weeks notice over years but less than years service four weeks notice years or more service eight weeks notice The above notice shall only be assigned given to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing any full-time regular employees.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees permanent staff who must be laid off, the . Such notice is not required for employees affected will be laid off within six (6) months and according declared surplus to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all location or for employees who have been laid off with recall rights have been given bumped. In the opportunity event of a staff reduction, or a reduction of hours of an employee in any classification, employees shall be declared surplus to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in locationin reverse order of their layoff subject seniority within their classification as specified by the seniority list. Notice that an employee is surplus to their skill a location shall be handed to the employee and ability a signed acknowledgement requested the employee is at work. In the event that the employee is not at work, the notice shall be sent by registered mail to perform the last address on record with the Board. The employee who has been declared surplus to location shall have to bump anyone with lessor seniority in his own classification, unless the Board and the Union Executive agree to do An employee declaredsurplus to location must exercise his bumping rights within five (5) working days from receipt of notice of surplus to location. This time period may be extended by mutual consent of the parties to this agreement. If there are no employees with lesser seniority in his own classification,the surplus employee shall have to bump anyone with lesser seniority in a lower classification. In the event a surplus employee with a seniority date prior to May must bump into a lower classification, he shall have his salary grandfathered until a position in his own classification becomes available through the job posting procedure. In the event a surplus employee with a seniority date of May or later, must bump into a lower classification, he shall have his salary grandfathered for a maximum of the length of time employed in his former classification, or until a position becomes available through the job posting procedure, whichever is the shorter length of time. If there are no employees with lessor seniority in his own or lower classification, the surplus employee shall have to which they bump anyone with lessor seniority in the immediately higher classification. If there are recalled.
Section 7no employees inthe immediately higher classification, then he may bump up into the next higher classification, etc. Upon layoffIf there are no employees with lessor seniority in the system, an the surplus employee shall be paid for accrued but unused vacation and compensatory timelaid-off. Such payment If, as a result of the implementationof or or the employee must bump into a position with fewer hours of work per week than his previously held position, the hours of work shall be included increasedto equal the hours of work in his former position until a positionwith a suitable number of hours of work becomes available through the job posting procedure. In the event that an employee must bump an individual in the same or lessor classification which entails an increase in excess of round trip as compared with former distance driven to and from work, the employee shall receive travel allowance as per board policy for each additional in excess of former round trip plus Every employee who has been bumped by a more senior staff member shall have to bump in accordance with through An employee cannot bump into a higher classification if the resultant effect would prevent the operation of the school in accordance with the employee's last regular paycheckrequirements of the Ontario Department of Labour Code. An employee cannot bump into the Maintenance A Trade Classification unless he has the necessary certification.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF & RECALL. Section 1(a) For the purposes of this Collective Agreement, a "lay otr' will be defined as a reduction in the workforce which results in a displacement of employee(s), a reduction in their regular hours and/or a loss of employment. Whenever it Such a lay off shall be deemed indefinite if any employee(s) is determined that laid off for a layoff is reasonably necessaryperiod of more than twenty (20) working days and temporary if for a period of up to twenty (20) working days. In such circumstances, affected employees shall have the following procedures will applyright to: accept the lay off and retain their recall rights or exercise their bumping rights. Employees subject to indefinite lay off shall also have the opportunity to accept a Voluntary Exit Program (VEP) as described hereafter.
Section 2. All bargaining unit (b) Should it become necessary to reduce the workforce within a classification, employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing in reverse order seniority and any full-time regular employees.
Section 3. Staffing employee so affected shall then exercise his or her seniority in the event that economic conditions require following manner: Within any classification, for which they are qualified and in which junior employees are working. For purposes of this clause, Apprentices are deemed to be in a separate classification from journeyperson. Customer Service Representatives: When the layoff of full-time personnelCompany deems it necessary to lay off Customer Service Representatives, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular fullpart-time employees must be laid off, the employees affected will first be laid off within six in reverse order of seniority. Any employee so affected, and who chooses to exercise their bumping
(6c) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees Employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will shall be notified by registered mail at their last known address to return to work within fourteen (14) calendar days recalled in order of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this periodeligible to fill a vacancy in classification higher than their former position provided they have the necessary qualifications. Employees will Still, the employee may be recalled required to serve a familiarization period of one (1 ) month upon return and may, subsequent to acceptance in reverse order of the position, be required to upgrade their layoff subject to their skill and ability to perform skills in the job to which they are recallednew classification.
Section 7. Upon layoff, an employee (a) No member of the Bargaining Unit shall be paid laid off if any other employment for accrued but unused vacation and compensatory timesuch member is available with the Company. Such payment Management will discuss with the Union, any contemplated reduction in staff prior to such becoming effective. In the event that a reduction of staff does occur - probationary and/or temporary employees, students, contractors and/or any other persons who are not full-time permanent employees (who are performing the work in question) shall be included with released before any bargaining unit employee is laid off.
(b) Should such a lay off be deemed indefinite, the employee's last regular paycheck.Company shall provide any employee(s) so affected written notification of same at least sixty
Appears in 1 contract
Samples: Services Agreement
LAY-OFF & RECALL. Section 1In the event a staff reduction becomes necessary the Employer agrees to provide notice of layoff as per the Employment Standards Act. Whenever it Any resultant permanent full-time or part-time employee who is determined that laid-off by the Employer may displace another employee in their classification or a layoff lower paid classification who has less seniority and is reasonably necessarythe least senior employee in the classification, provided that, in the opinion of the Employer, she has the present ability, qualifications, skills, training and experience necessary to perform the duties of the available position, and can perform the duties of the position without training other than normal employee orientation. Employees initially laid off shall form a pool and be ranked in order of seniority. At all times, the following procedures will apply.
Section 2most senior employee in the pool is the first to identify their preference for displacement, lay-off or placement; as more junior employees are displaced, they are added to the pool and ranked in order of seniority to identify the order for indicating their preference. All An employee who is subject to lay-off or displaced by another employee who has been laid off shall have the right to, within forty-eight (48) hours, (excluding Saturdays, Sundays and statutory to elect one of the following: accept the lay-off; or displace an employee, subject to and in accordance with Article who has lesser bargaining unit seniority and who is the least senior employee in the same or lower paying classification in the bargaining unit; or to accept an Employer initiated reduction of hours in their current position; or to accept placement into a vacancy in accordance with Article Employees who do not elect one of the above options within forty-eight (48) hours will be automatically laid off and placed on recall. Every reasonable effort will be made to complete the displacement process for employees prior to their lay off date. Every reasonable effort will be made to contact an employee regarding her options, however, in the event the Employer is unable to contact a laid off or displaced employee, Union and Management shall meet to discuss a mutually agreeable resolution to the matter. If there is not mutual agreement, the Employer shall proceed with the lay-off procedure and place the employee in an initial probationary period working appropriate position. A mutually agreeable or Employer initiated placement will replace the employee’s bumping or displacement rights. Prior to placement which would result in positions affected the displacement of a junior employee, the employee may be placed by mutual agreement between Union and Management, into a vacant position for which they are qualified and presently able to perform the layoff will duties required of the position. There shall be assigned to other appropriate positions if available, or, if no other positions are availablebumping up. When the Association is affecting a lay-off of an the seniority list posted in accordance with Article and locked in twenty (20) days following the posting, shall be laid off prior the seniority list applied to displacing any full-time regular employees.
Section 3. Staffing in the event that economic conditions require the layoff administration of fullthis lay-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changesoff article, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.following
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF & RECALL. Section 1A. The Xxxx Public Schools shall lay off employees in inverse order of seniority by department providing that the remaining employees have the demonstrated ability and qualifications to perform the remaining work. Whenever it is determined that a layoff is reasonably necessaryEmployees laid off or bumped out of the department affected shall have the right to bump the least senior employee in another department, provided they have greater district seniority and can meet the following procedures will applyminimum qualifications.
Section 2B. If an employee receiving health and/or dental/vision benefits pursuant to Articles 26 & 27 of this Agreement is or may be disqualified from such benefits due to a reduction in their work schedule, that employee shall have the right to bump any less senior employee in the department if such bump would restore the employee's eligibility for health and/or dental/vision benefits. All bargaining unit employees If no such bump is possible, then the employee shall have the right to bump the least senior employee in an initial probationary period working another department, provided they have greater district seniority and can meet the minimum qualifications.
C. In the event of a reduction in positions affected by the layoff will be assigned to other appropriate positions if availablestaff, or, if no other positions are available, any employee on a Board approved leave shall be laid off prior to displacing any full-time regular employeesconsidered in the same status as an actively employed employee for the purpose of this article.
Section 3. Staffing X. Xxxxxxxxxxxxxxx their position on the seniority list, president, vice president, secretary/treasurer and a representative from each department in the event that economic conditions require of a lay off of any type, be continued at work as long as there is a job in the layoff department which they can perform and shall be recalled to work in the event of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If lay off in accordance with the City desires to reduce the employee's below three (3)recall procedure. When retaining an employee because of superseniority, the City must be declared in fiscal emergency by Board shall retain the auditor right to determine the necessary qualifications of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs job to which they the individual will be assigned. ‘If the individual with superseniority does not meet these qualifications, that person shall not be retained.
Section 5. E. No new bargaining unit employees employee shall be hired until all employees who have been qualified laid off with recall rights have been given the opportunity employees are recalled to return to work. Laid-off employees will be notified by registered mail at their last known address to return to whatever work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority is available for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are qualified as determined by the Board, except for that a temporary employee may be hired awaiting report from employees recalled.
Section 7. Upon layoff, an employee shall F. Leaves of absence may be paid for accrued but unused vacation and compensatory time. Such payment shall be included granted by the Board upon written request when reduction of Staff is necessary in compliance with the employee's last regular paycheckArticle 20 - Unpaid Leaves of Absence.
Appears in 1 contract
Samples: Master Agreement
LAY-OFF & RECALL. Section 110.01 When reducing forces, senior employees with the qualifications to perform the work will be retained. Whenever it An employee whose job classification is determined that abolished or who is displaced shall be entitled to exercise his/her seniority rights displacing a layoff is reasonably necessaryjunior employee in the next lower classification in the department, provided he/she has the following procedures will applyqualifications to perform the work.
Section 2. All bargaining unit 10.02 Should employees in an initial probationary period working in positions affected by being considered for reduction from a classification have the layoff same departmental seniority the employee with the least plant seniority will be assigned reduced. Should employees being considered for reduction from a classification have the same departmental seniority and plant seniority the employee will be retained in the classification who possesses the greater ability and efficiency.
10.03 If an employee is about to other appropriate positions be reduced from the lowest classification in any department he/she may then claim a job in the Labourer/Utility worker classification on the basis of plant seniority and if available, or, if no other positions are available, shall he/she does so; the Labourer/Utility worker with the least plant seniority may be laid off.
10.04 Employees in the Labourer classification will be laid off prior to displacing any fullin inverse order of their plant seniority and after lay-time regular employeesoff will be re-hired in the order of their plant seniority.
Section 310.05 If an employee who has been in the employ of the Company for a period of 480 hours or longer, is laid off and subsequently re-employed within 365 days after being laid off, all his/her seniority rights as an employee which accumulated up to the date of his/her lay-off shall be reinstated. Staffing Notwithstanding any other provision of this Article 10, if an employee is laid off and so remains for a period of more than 365 consecutive calendar days, he/she permanently loses all seniority rights as an employee as of the date of his/her lay-off.
10.06 Any former employee who has earned seniority rights and is laid off for 365 days or less and who has kept his/her current address on file with the Company will be given notice by registered mail at such address of a vacancy for which he/she is eligible. If he/she cannot be located at that address or does not report for duty within seven days after a reasonable attempt to notify him/her has been made, he/she shall, unless there are extenuating circumstances, lose his/her seniority rights and his/her name shall be removed from the lay-off list and the next eligible man/woman shall be offered such vacancy; but if within the said seven day period he/she notifies the Company of his/her intention to accept such vacancy he/she shall then be allowed two (2) weeks from the date of notice of such acceptance to report for work without loss of seniority rights, provided further that this shall not extend the period of 365 consecutive calendar days referred to in Paragraph 10.05 of this Article 10. The Company, at its discretion, may temporarily fill vacancies until the eligible man/woman is notified and reports for duty as set forth above.
10.07 Relief Operators with departmental seniority pursuant to Article 8.04 will be returned to the departments from which they were laid off without having to reapply for such position in the event that economic conditions require the layoff Company determines that the workload has resulted in a vacancy during the one (1) year period following that Relief Operator's initial lay-off from that position.
10.08 Except in circumstances in which an employee’s lay off is because the contract of full-time personnelemployment has become impossible to perform or has been frustrated by a fortuitous or unforeseeable event or circumstance, it is agreed the Company shall provide notice, or pay in lieu of notice, to laid off employees as follows:
a. No layoff shall reduce full-time personnel below three : as of date of lay off Required notice Less than one (1) year One (1) calendar week One year to five (5) years Three (3) employees working 24/48 schedules.
b. If the City desires calendar weeks Five (5) years to reduce the employee's below three ten (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract 10) years Four (4) calendar weeks Ten (10) years to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six twenty (20) years Five (5) calendar weeks Twenty (20) years or greater Six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.weeks
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF & RECALL. Section 1(a) For the purposes of this Collective Agreement, a "lay off" will be defined as a reduction in the workforce which results in a displacement of employee(s), a reduction in their regular hours and/or a loss of employment. Whenever it Such a lay off shall be deemed indefinite if any employee(s) is determined that laid off for a layoff is reasonably necessaryperiod of more than twenty (20) working days and temporary if for a period of up to twenty (20) working days. In such circumstances, affected employees shall have the following procedures will applyright to: accept the lay off and retain their recall rights or exercise their bumping rights. Employees subject to indefinite lay off shall also have the opportunity to accept a Voluntary Exit Program (VEP) as described hereafter.
Section 2. All bargaining unit (b) Should it become necessary to reduce the workforce within a classification, employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior in reverse order seniority and any employee so affected shall then exercise his or her seniority in the following manner: Within any classification, for which they are qualified and in which junior employees are working. For purposes of this clause, Apprentices are deemed to displacing any be in a separate classification from journeyperson. Customer Service Representatives: When the Company deems it necessary to lay off Customer Service Representatives, part-time employees will first be laid off in reverse order of seniority. Any employee so affected, and who chooses to exercise their bumping rights shall be able to bump a less senior employee shall do so in the following manner and it is agreed and understood that no part-time employee, regardless of seniority, will be allowed to bump a full-time regular employeesemployee.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3c) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees Employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will shall be notified by registered mail at their last known address to return to work within fourteen (14) calendar days recalled in order of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this periodeligible to fill a vacancy in classification higher than their former position provided they have the necessary qualifications. Employees will Still, the employee may be recalled required to serve a familiarization period of one (1) month upon return and may, subsequent to acceptance in reverse order of the position, be required to upgrade their layoff subject to their skill and ability to perform skills in the job to which they are recallednew classification.
Section 7. Upon layoff, an employee (a) No member of the Bargaining Unit shall be paid laid off if any other employment for accrued but unused vacation and compensatory timesuch member is available with the Company. Such payment Management will discuss with the Union, any contemplated reduction in staff prior to such becoming effective. In the event that a reduction of staff does occur - probationary and/or temporary employees, students, contractors and/or any other persons who are not full-time permanent employees (who are performing the work in question) shall be included with released before any bargaining unit employee is laid off.
(b) Should such a lay off be deemed indefinite, the employee's last regular paycheck.Company shall provide any employee(s) so affected written notification of same at least sixty
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF & RECALL. Section 1. Whenever it The Employer shall give each employee in the Bargaining Unit who has acquired seniority and who is determined that a layoff is reasonably necessary, the following procedures will apply.
Section 2. All bargaining unit employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior for a period of more than eight (8) weeks, notice in writing of his lay off in accordance with the following schedule: Up to displacing any full-years service weeks notice years or more but less than years service weeks notice years or more but less than years service weeks notice years or more service weeks notice Such notice will be handed to the employee and a signed ac- knowledgement requested if the employee is at work at the time regular employees.
Section 3the notice is ready for delivery. Staffing in In the event that economic conditions require the layoff of full-time personnelalternative, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency mailed by the auditor registered mail. In all other cases of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid lay off, the Employer shall give each employee in the Bargaining Unit who has acquired seniority one (1) weeks notice, provided however, such notice shall not be required if the lay off occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown). In the event of lay off, the Employer shall lay off em- ployees in the reverse order of their seniority within their classification; provided that there remain on the job employees affected will who have the ability to perform the work. Where the Employer finds the ability required to perform the available work is equivalent among employees in different classifications it shall observe their Bargaining Unit Wide Sen- iority in making lay and recalls from lay off. An employee shall be recalled from a lay off to available openings before such opening is filled on a regular basis under a job posting procedure. Such recall shall be on the basis of his Unit Wide Seniority, provided he then has the ability to perform the available work and further provided that such employees may be recalled to an opening in another classification on the basis of his Bargaining Unit Wide Seniority, provided he then has' the ability to perform the work. Recall shall be in the reverse order of lay off. In determining the ability of an employee to perform the work for the purposes of Paragraphs and above, the Employer shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of returning to the position he held prior to the lay off should it become vacant within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5of being recalled. No new bargaining unit employees shall be hired until all employees who have been those laid off with recall rights have been given the an opportunity to return to workwork and have failed to notify the Employer of their intention to do so, in accordance with below, or have been found unable to perform the work available. Laid-It is the sole responsibility of the employee who has been laid off employees will be notified by registered mail at their last known address to notify the Employer of his intention to return to work within fourteen three (143) calendar working days (exclusive of Saturdays, Sundays, and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of notification. Failure mailing) and to report return to work within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.ten
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF & RECALL. Section 1. Whenever it is determined that 11.01 In the event of a layoff is reasonably necessarypermanent work force reduction, the following procedures employer shall advise the Union at least one hundred and twenty (120) days prior to the reductions. The notice will applyoutline the reasons for the workforce reduction, the location and the number of employees affected.
Section 211.02 Employees, subject to a permanent workforce reduction or subject to indefinite layoff, will be advised no less than ninety (90) days prior to the date of layoff.
11.03 The employer and the union shall meet and discuss the situation within thirty (30) days following such notice to look at reasonable alternatives to layoff.
11.04 The employee(s) affected by the reduction shall be advised at least ninety (90) days, or such shorter notice as may be agreed upon by the parties, prior to the reduction taking effect. All bargaining unit employees At either the employee’s or the Employer’s option, pay in lieu of notice may be granted. This is in addition to any severance provided for in the collective agreement. The employee will continue to accrue benefits and be covered by the Health Care Plans during this pay in lieu period except for Long Term Disability and for a further period not to exceed six (6) months after layoff or until re-employment whichever comes first.
11.05 During the notice period, the Employer shall provide job search assistance and time off with pay for the purpose of seeking alternate employment.
11.06 Prior to resorting to layoffs, an initial probationary period working in positions employee who is identified as being affected by the layoff will be assigned given a preference for appointment to other appropriate positions any vacant position at the same classification level, or any vacant position of a lower classification if availablethere is no vacant position at the same classification, orwithin the bargaining unit, if no other positions are available, shall providing such employee has the ability to perform the required key elements of the vacant job or may qualify within a reasonable training period to be laid off prior determined by the Employer not to displacing any full-time regular employees.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below exceed three (3) employees working 24/48 schedulesmonths. An employee who refuses to be assigned or appointed shall be subject to layoff in accordance with the remaining provisions of this Article.
b. If 11.07 Should it become necessary to resort to layoffs, the City desires employee subject to reduce layoff shall have the option of:
a) Displacing an employee with less service in any equivalent or lower rated position formerly held by the employee subject to layoff, providing such employee has the threshold ability to immediately perform the job; or,
b) Displacing an employee with less service in any equivalent or lower rated position within the employee's below three (3)’s classification group, providing such employee has the City must ability to perform the required key elements of the job or may qualify within a training period to be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according not to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.exceed three
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF & RECALL. Section 1. Whenever it is determined that (h) In case of a layoff, employees in the General Operator position will not be retained out of line of seniority.
12.02 When a temporary condition arises requiring the temporary layoff is reasonably necessaryof employees from their jobs for a period not to exceed five (5) working days, the following procedures seniority provisions of this agreement shall not apply. Such temporary lay offs will applytake place when specific sections of a seniority group are affected due to machinery breakdowns or cause beyond the control of the Company.
Section 212.03 When the Company deems it necessary to reduce the work force in the plant for more than five (5) working days, the Company, whenever possible, will give seniority employees at work six (6) working days clear notice of the layoff. All bargaining unit The Company will notify employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior verbally, and if possible, post a list of names of employees to displacing any full-be laid off on the plant bulletin boards. A copy of the layoff notice will be given to the Plant Committee at the time regular employeesof the posting.
Section 3. Staffing in 12.04 Where the event that economic conditions require work is reduced, students employed during the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) school vacation period and probationary employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided subject to the terms of this agreement.
12.05 When recalling an employee after layoff, the Company shall notify him by registered mail or telegram and he will be allowed five (5) working days to report for work, and in the meantime, if an employee is recalled and is not immediately available for work, other employees in seniority standing shall be recalled, if necessary, but shall be temporarily employed until the senior employee reports within the five (5) day period as outlined. It shall be the employee’s responsibility to keep the Company notified as to change of address and their telephone number so that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assignedcurrent at all times. ‘
Section The five (5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a working day reporting period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this periodextended by the Company. The Company will notify the union plant chairperson of such extension. Employees will be recalled from layoff in reverse order of their layoff subject to their skill principles outlined in clause 12.01.
12.06 No new employee shall be hired while applicants with seniority and ability to perform do the job to which they work required are recalledstill on the laid off list.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.
Appears in 1 contract
Samples: Collective Labour Agreement
LAY-OFF & RECALL. Section 1(a) For the purposes of this Collective Agreement, a "lay off" will be defined as a reduction in the workforce which results in a displacement of employee(s), a reduction in their regular hours and/or a loss of employment. Whenever it Such a lay off shall be deemed indefinite if any employee(s) is determined that laid off for a period of more than twenty (20) working days and temporary if for a period of up to twenty (20) working days. In such circumstances, affected employees shall have the right to: accept the layoff is reasonably necessary, and retain their recall rights or exercise their bumping rights. Employees subject to indefinite lay off shall also have the following procedures will applyopportunity to accept a VEP as described hereafter.
Section 2. All bargaining unit (b) Should it become necessary to reduce the workforce within a classification, employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior in reverse order seniority and any employee so affected shall then exercise his or her seniority in the following manner: Within any classification, for which they are qualified and in which junior employees are working. For purposes of this clause, Apprentices are deemed to displacing any full-time regular employeesbe in a separate classification from journeymen.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3c) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees Employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will shall be notified by registered mail at their last known address to return to work within fourteen (14) calendar days recalled in order of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this periodeligible to fill a vacancy in classification higher than their former position provided they have the necessary qualifications. Employees will Still, the employee may be recalled required to serve a familiarization period of one (1) month upon return and may, subsequent to acceptance in reverse order of the position, be required to upgrade their layoff subject to their skill and ability to perform skills in the job to which they are recallednew classification.
Section 7. Upon layoff, an employee (a) No member of the Bargaining Unit shall be paid laid off if any other employment for accrued but unused vacation and compensatory timesuch member is available with the Company. Such payment Management will discuss with the Union, any contemplated reduction in staff prior to such becoming effective. In the event that a reduction of staff does occur - probationary and/or temporary employees, contractors and/or any other persons who are not full time permanent employees (who are performing the work in question) shall be included with released before any bargaining unit employee is laid off.
(b) Should such a lay off be deemed indefinite, the employee's last regular paycheck.Company shall provide any employee(s) so affected written notification of same at least sixty
Appears in 1 contract
Samples: Utilities Agreement
LAY-OFF & RECALL. Section 1For the purposes of this Collective Agreement, a "lay off" will be defined as a reduction in the workforce which results in a displacement of a reduction in their regular hours and/or a loss of employment. Whenever it Such a lay off shall be deemed indefinite if any is determined that laid off for a period of more than twenty (20) working days. In such circumstances, affected employees shall have the right to: accept the layoff is reasonably necessaryand retain their recall rights or; exercise their bumping rights or accept a as described hereafter. If however, the following procedures will apply.
Section 2lay off is temporary for a period of up to twenty (20) working days) the affected shall have the right to: accept the layoff and retain their recall rights or: exercise their bumping rights. All and/or temporary employees, contractors and/or any other persons who are not full time permanent employees are performing the work in question) shall be released before any bargaining unit employees employee is laid off. Should such a lay off be deemed indefinite, the Employer shall provide any so affected written notification of same at least sixty working days in an initial probationary period working advance of the effective date of said lay off (or payment in positions affected by the layoff lieu thereof). A copy of said notice will be assigned forwarded to other appropriate positions the Union. If however, the lay off is temporary (i.e. for a period of up to twenty working days); the Employer shall provide any so affected written notification of same at least ten working days in advance of the effective date of said lay off (or payment in lieu thereof). A copy of said notice will be forwarded to the Union. Any employee laid off on account of business conditions shall be given preference for re- employment when business conditions justify, if such employee is available, orsubject to seniority rights (which for the purposes of this clause shall include all time with the Windsor Utilities and any of its' successors). The shall be advised of the Commissions intentions by registered mail bearing a "return if not delivered in ten days" notice to the last known address of the employee. The employee affected shall notify the Commission by registered mail of any change in address. Failure of the employee, if no other positions are availableto whom the notice is mailed, to receive the notice within the time specified will terminate any obligation on the part of the Commission. The Business Representative of the Union will be notified when an employee has been advised to return to work. No member of the bargaining unit shall be laid off due to technological changes in procedures if any other employment with the Commission for such member is available, and it is expressly understood and agreed that such contemplated reduction in staff prior to displacing any full-time regular employees.
Section 3such reduction becoming effective. Staffing in In the event that economic conditions require the layoff of full-time personnela reduction in staff does occur, it is agreed as follows:
a. No layoff expressly understood that probationary and/or temporary employees performing the work in question shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires be released before any bargaining unit employee is laid off. Should it become necessary to reduce the employee's below three (3)workforce within a classification within a Division, the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will shall be laid off within six (6) months and according in reverse order to lowest Divisional seniority and lowest EMS certification level firstany employee so affected shall then exercise his or her seniority in the following manner: Within any classification, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to within any Division for which they will are qualified and in which junior employees are working. For purposes of this clause, improvers are deemed to be assignedin a separate classification from journeymen. ‘
Section 5. No new bargaining unit employees shall be hired until all employees Employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their Division shall be recalled in order of seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this periodeligible to fill a vacancy in classification higher than their former position provided they have the necessary qualifications. Employees will Still, the employee may be recalled required to serve a familiarization period of one month upon return and subsequent to acceptance in reverse order of the position, be required to upgrade their layoff subject to their skill and ability to perform skills in the job to which they are recallednew classification.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF & RECALL. Section 1. Whenever it is determined that A lay-off shall be as a layoff is reasonably necessary, reduction the following procedures will apply.
Section 2. All bargaining unit employees in an initial probationary period working in positions affected work force or a reduction the normal hours of work for any employee covered by the layoff will terms of this agreement. Notwithstanding the above, employees who occupy an office, clerical or technical position be assigned required to other appropriate positions if availablebump employee with less seniority who occupies an office, orclerical or technical position for which they are and able to the work, if no other positions provided the position is within forty (40) kilometres present job site. Should there not be such a position the employee with the right to may bump an employee with less seniority who occupies an education assistant or child and youth worker position for. they are availablequalified and able to perform the work. Employees who occupy an education assistant or child and youth worker position shall be required to bump employee with less seniority who an education assistant or child and youth worker position for which they are and able to perform the work,provided the position is forty (40) kilometres of present job site. Should there not be such a posit' the employee with the right to bump may bump an employee with less who occupies an office, clerical or technical position for which they are qualified and able to perform the work. In the event of a lay-off in Group A employees shall be laid off prior to displacing any full-time regular employees.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject se in their jurisdictional group. An employee about to their skill and ability be laid off may displace any employee with less seniority, provided that the employee exercising the right is qualified to perform the job work of the employee with less seniority, and provided that such employee can said work without a training period to which they the satisfaction of the Employer. New employees shall not be hired those laid off given the opportunity of provided that those are recalled.
Section 7qualified and able to perform the duties of the positions available. Upon layoffconcerning lay-offs due to a reduction in the working force, an shall be initiated in Step of the Grievance procedure. It is understood and agreed that the summer, winter, and Christmas vacations or break periods for employees whose work requirements constituting a school year (i.e. September to June) do not constitute a "reduction in working force" or a "lay-off' within the meaning ofthis Article. In Jurisdictional Group A the Employer shall have the right to layoff employees without regard to seniority standing in the event of a layoff of not more than two (2) days duration at any one time, provided however, that no one employee shall be paid laid offas a result of such temporary layoffs for accrued but unused vacation more than eight (8) working days in any one calendar year. No employee will be laid off under clause for disciplinary reasons. An Employee who subsequently transferred out of and compensatory time. Such payment later returns to the bargaining unit, shall be included with given credit upon return to the employee's last regular paycheckfor seniority equal to work service performed within the bargaining unit.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF & RECALL. Section 1. Whenever it is determined that 11.01 In the event of a layoff is reasonably necessarypermanent work force reduction, the following procedures employer shall advise the Union at least one hundred and twenty (120) days prior to the reductions. The notice will applyoutline the reasons for the workforce reduction, the location and the number of employees affected.
Section 211.02 Employees, subject to a permanent workforce reduction or subject to indefinite layoff, will be advised no less than ninety (90) days prior to the date of layoff.
11.03 The employer and the union shall meet and discuss the situation within thirty (30) days following such notice to look at reasonable alternatives to layoff.
11.04 The employee(s) affected by the reduction shall be advised at least ninety (90) days, or such shorter notice as may be agreed upon by the parties, prior to the reduction taking effect. All bargaining unit employees At either the employee’s or the Employer’s option, pay in lieu of notice may be granted. This is in addition to any severance provided for in the collective agreement. The employee will continue to accrue benefits and be covered by the Health Care Plans during this pay in lieu period except for Long Term Disability and for a further period not to exceed six (6) months after layoff or until re-employment whichever comes first.
11.05 During the notice period, the Employer shall provide job search assistance and time off with pay for the purpose of seeking alternate employment.
11.06 Prior to resorting to layoffs, an initial probationary period working in positions employee who is identified as being affected by the layoff will be assigned given a preference for appointment to other appropriate positions any vacant position at the same classification level, or any vacant position of a lower classification if availablethere is no vacant position at the same classification, orwithin the bargaining unit, if no other positions are available, shall providing such employee has the ability to perform the required key elements of the vacant job or may qualify within a reasonable training period to be laid off prior determined by the Employer not to displacing any full-time regular employees.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below exceed three (3) employees working 24/48 schedulesmonths. An employee who refuses to be assigned or appointed shall be subject to layoff in accordance with the remaining provisions of this Article.
b. If 11.07 Should it become necessary to resort to layoffs, the City desires employee subject to reduce layoff shall have the option of:
a) Displacing an employee with less service in any equivalent or lower rated position formerly held by the employee subject to layoff, providing such employee has the threshold ability to immediately perform the job; or,
b) Displacing an employee with less service in any equivalent or lower rated position within the employee's below three (3)’s classification group, providing such employee has the City must ability to perform the required key elements of the job or may qualify within a training period to be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, not to exceed three (3) months; or,
c) Displacing an employee with less service in any equivalent or lower rated position provided such employee has the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs required key elements of the job or may qualify within a training period to which they will be assigneddetermined by the Employer not to exceed three (3) months.
d) The employee shall notify the Employer in writing within two (2) weeks of notice of permanent/indefinite layoff of the decision to displace another employee respecting paragraphs a) b) and c) above. ‘
Section 5. No new bargaining unit employees The two (2) week notice period shall be hired until all employees appropriately extended in the case of an employee who have been laid off with recall rights have been given is on vacation. The training period referred to in this Article, to be determined by the opportunity Employer, shall be extended up to return one
(1) additional month where circumstances warrant. Where an employee fails to workgive written notice of his/her intention to bump within the two (2) week period, the employee shall relinquish the right to bump.
11.08 Employees who are displaced will become subject to layoff. Laid-off These employees will be notified by registered mail at their last known address subject to return to work within fourteen (14) calendar days of clause 04. An employee laid off shall receive his or her severance pay on the date of notification. Failure to report within the time limit will remove them from the recall listlayoff.
Section 6. 11.09 Employees will retain affected by the reduction who are appointed to a lower rated position pursuant to the provisions of this Article shall have their seniority for a period salary protected in accordance with the provisions of twentyArticle 46.
11.10 The Employer shall review the use of temporary and term employees, and where practicable, shall not renew the employment of such employees if qualified surplus employees or laid-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to off persons can satisfactorily perform the job to which they are recalledwork.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF & RECALL. Section 1A. The Xxxx Public Schools shall lay off employees in inverse order of seniority by department providing that the remaining employees have the demonstrated ability and qualifications to perform the remaining work. Whenever it is determined that a layoff is reasonably necessaryEmployees laid off or bumped out of the department affected shall have the right to bump the least senior employee-in another department, provided they have greater district seniority and can meet the following procedures will applyminimum qualifications.
Section 2B. If an employee receiving health and/or dental/vision benefits pursuant to Articles 27 & 28 of this Agreement is or may be disqualified from such benefits due to a reduction in their work schedule, that employee shall have the right to bump any less senior employee in the department if such bump would restore the employee1s eligibility for health and/or dental/vision benefits. All bargaining unit employees If no such bump is possible, then the employee shall have the right to bump the least senior employee in an initial probationary period working another department, provided they have greater district seniority and can meet the minimum qualifications.
C. In the event of a reduction in positions affected by the layoff will be assigned to other appropriate positions if availablestaff, or, if no other positions are available, any employee on a Board approved leave shall be laid off prior to displacing any full-time regular employeesconsidered in the same status as an actively employed employee for the purpose of this articte.
Section 3. Staffing X. Xxxxxxxxxxxxxxx their position on the seniority list, president, vice president, secretary/treasurer and a representative from each department in the event that economic conditions require the of a layoff of full-time personnelany type, it be continued at work as long as there is agreed as follows:
a. No a job in the department which they can perform and shall be recalled to work in the event of layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If in accordance with the City desires to reduce the employee's below three (3)recall procedure. When retaining an employee because of superseniority, the City must be declared in fiscal emergency by Board shall retain the auditor right to determine the necessary qualifications of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs job to which they the individual will be assigned. ‘If the individual with superseniority does not meet these qualifications, that person shall not be retained.
Section 5. E. No new bargaining unit employees employee shall be hired until all employees who have been qualified laid off with recall rights have been given the opportunity employees are recalled to return to work. Laid-off employees will be notified by registered mail at their last known address to return to whatever work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority is available for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are qualified as determined by the Board, except for that a temporary employee may be hired awaiting report from employees recalled.
Section 7. Upon layoff, an employee shall F. Leaves of absence may be paid for accrued but unused vacation and compensatory time. Such payment shall be included granted by the Board upon written request when reduction of Staff is necessary in compliance with the employee's last regular paycheckArticle 22 - Leaves of Absence.
Appears in 1 contract
Samples: Master Agreement
LAY-OFF & RECALL. Section 110.01 When reducing forces, senior employees with the qualifications to perform the work will be retained. Whenever it An employee whose job classification is determined that abolished or who is displaced shall be entitled to exercise his/her seniority rights displacing a layoff is reasonably necessaryjunior employee in the next lower classification in the department, provided he/she has the following procedures will applyqualifications to perform the work.
Section 2. All bargaining unit 10.02 Should employees in an initial probationary period working in positions affected by being considered for reduction from a classification have the layoff same departmental seniority the employee with the least plant seniority will be assigned reduced. Should employees being considered for reduction from a classification have the same departmental seniority and plant seniority the employee will be retained in the classification who possesses the greater ability and efficiency.
10.03 If an employee is about to other appropriate positions be reduced from the lowest classification in any department he/she may then claim a job in the Labourer/Utility employee classification on the basis of plant seniority and if available, or, if no other positions are available, shall he/she does so; the Labourer/Utility employee with the least plant seniority may be laid off.
10.04 Employees in the Labourer classification will be laid off prior to displacing any fullin inverse order of their plant seniority and after lay-time regular employeesoff will be re-hired in the order of their plant seniority.
Section 310.05 If an employee who has been in the employ of the Company for a period of 480 hours or longer, is laid off and subsequently re-employed within 365 days after being laid off, all his/her seniority rights as an employee which accumulated up to the date of his/her lay-off shall be reinstated. Staffing Notwithstanding any other provision of this Article 10, if an employee is laid off and so remains for a period of more than 365 consecutive calendar days, he/she permanently loses all seniority rights as an employee as of the date of his/her lay-off.
10.06 Any former employee who has earned seniority rights and is laid off for 365 days or less and who has kept his/her current address on file with the Company will be given notice by registered mail at such address of a vacancy for which he/she is eligible. If he/she cannot be located at that address or does not report for duty within seven days after a reasonable attempt to notify him/her has been made, he/she shall, unless there are extenuating circumstances, lose his/her seniority rights and his/her name shall be removed from the lay-off list and the next eligible man/woman shall be offered such vacancy; but if within the said seven day period he/she notifies the Company of his/her intention to accept such vacancy he/she shall then be allowed two (2) weeks from the date of notice of such acceptance to report for work without loss of seniority rights, provided further that this shall not extend the period of 365 consecutive calendar days referred to in Paragraph 10.05 of this Article 10. The Company, at its discretion, may temporarily fill vacancies until the eligible man/woman is notified and reports for duty as set forth above.
10.07 Relief Operators with departmental seniority pursuant to Article 8.04 will be returned to the departments from which they were laid off without having to reapply for such position in the event that economic conditions require the layoff Company determines that the workload has resulted in a vacancy during the one (1) year period following that Relief Operator's initial lay-off from that position.
10.08 Except in circumstances in which an employee’s lay off is because the contract of full-time personnelemployment has become impossible to perform or has been frustrated by a fortuitous or unforeseeable event or circumstance, it is agreed the Company shall provide notice, or pay in lieu of notice, to laid off employees as follows:
a. No layoff shall reduce full-time personnel below three : as of date of lay off Required notice Less than one (1) year One (1) calendar week One year to five (5) years Three (3) employees working 24/48 schedules.
b. If the City desires calendar weeks Five (5) years to reduce the employee's below three ten (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract 10) years Four (4) calendar weeks Ten (10) years to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six twenty (20) years Five (5) calendar weeks Twenty (20) years or greater Six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.weeks
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF & RECALL. Section 1(a) For the purposes of this Collective Agreement, a "lay off" will be defined as a reduction in the workforce which results in a displacement of employee(s), a reduction in their regular hours and/or a loss of employment. Whenever it Such a lay off shall be deemed indefinite if any employee(s) is determined that laid off for a period of more than twenty (20) working days and temporary if for a period of up to twenty (20) working days. In such circumstances, affected employees shall have the right to: accept the layoff is reasonably necessary, and retain their recall rights or exercise their bumping rights. Employees subject to indefinite lay off shall also have the following procedures will applyopportunity to accept a VEP as described hereafter.
Section 2. All bargaining unit (b) Should it become necessary to reduce the workforce within a classification, employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing any full-time regular employees.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill seniority and ability to perform any employee so affected shall then exercise his or her seniority in the job to following manner: Within any classification for which they are recalledqualified and in which junior employees are working. For purposes of this clause, Apprentices are deemed to be in a separate classification from journeymen.
Section 7. Upon layoff, an employee (c) Employees who have accepted a lay off shall be paid for accrued but unused vacation recalled in order of seniority and compensatory timemay be eligible to fill a vacancy in a classification higher than their former position provided they have the necessary qualifications. Such payment Still, the employee may be required to serve a familiarization period of one (1) month upon return and may, subsequent to acceptance in the position, be required to upgrade their skills in the new classification.
(a) No member of the Bargaining Unit shall be included laid off if any other employment for such member is available with the employee's last regular paycheckCompany. Management will discuss with the Union, any contemplated reduction in staff prior to such becoming effective. In the event that a reduction of staff does occur – probationary and/or temporary employees, contractors and/or any other persons who are not full time permanent employees (who are performing the work in question) shall be released before any Bargaining Unit employee is laid off.
(b) Should such a lay off be deemed indefinite, the Company shall provide any employee(s) so affected written notification of same at least sixty
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF & RECALL. Section 1. Whenever it is determined that a layoff is reasonably necessary, the following procedures will apply.
Section 2. All bargaining unit employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing any full-time full‐time regular employees.
Section 3. Staffing in In the event that economic conditions require the layoff of full-time full‐time personnel, it is agreed as follows:
a. No layoff shall reduce full-time full‐time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding fact‐finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time full‐time employees must be laid off, the employees affected will be laid off within six (6) 6 months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off Laid‐off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list. Employees on layoff are responsible for advising the Employer of their current address.
Section 6. Employees will retain their seniority for a period of twenty-four twenty‐four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheckpay check.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF & RECALL. Section 1. Whenever it is determined that a layoff is reasonably necessary, the following procedures will apply.
Section 2. All bargaining unit employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing any full-time regular employees.
Section 3. Staffing in In the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. A. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. B. If the City desires to reduce the employee's ’s below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) 6 months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘.
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list. Employees on layoff are responsible for advising the Employer of their current address.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter shorter, and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheckpay check.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF & RECALL. Section 1. Whenever it is determined that a layoff is reasonably necessary, The Board shall give each employee in the following procedures will apply.
Section 2. All bargaining unit employees who has acquired seniority and who is to be laid-off for a period greater than thirteen weeks, notice in an initial probationary period working writing of his lay off in positions affected by accordance with the layoff will following: up to years service one week notice over year but less than years service two weeks notice over years but less than years service four weeks notice years or more service eight weeks notice The above notice shall only be assigned given to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing any full-time regular employees.
Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree.
Section 4. When it is determined by the Employer that regular full-time employees permanent staff who must be laid off, the . Such notice is not required for employees affected will be laid off within six (6) months and according declared surplus to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘
Section 5. No new bargaining unit employees shall be hired until all location or for employees who have been laid off with recall rights have been given bumped. the opportunity event of a staff reduction, or a reduction of hours of an employee in any classification, employees shall be declared surplus to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled location in reverse order of their layoff subject seniority within their classification as specified by the seniority list. Notice that an employee is surplus to their skill a location shall be handed to the employee and ability a signed acknowledgement requested if the employee is at work. In the event that the employee is not at work, the notice shall be sent by registered mail to perform the last address on record with the Board. The employee who has been declared surplus to location shall have to bump anyone with lessor seniority in his own classification, unless the Board and the Union Executive agree to do otherwise. An employee declared surplus to location must exercise his bumping rights within five (5) working days from receipt of notice of surplus to location. This time period may be extended by mutual consent of the parties to this agreement. If there are no employees with lesser seniority in his own classification, the surplus employee shall have to bump anyone with lesser seniority in a lower classification. In the event a surplus employee with a seniority date prior to May must bump into a lower classification, he shall have his salary grandfathered until a position in his own classification becomes available through the job posting procedure. In the event a surplus employee with a seniority date of May or later, must bump into a lower classification, he shall have his salary grandfathered for a maximum of the length of time employed in his former classification, or until a position becomes available through the job posting procedure, whichever is the shorter length of time. If there are no employees with lessor seniority in his own or lower classification, the surplus employee shall have to which they bump anyone with lessor seniority in the immediately higher classification. If there are recalled.
Section 7no employees in the immediately higher classification, then he may bump up into the next higher classification, etc. Upon layoffIf there are no employees with lessor seniority in the system, an the surplus employee shall be paid for accrued but unused vacation and compensatory timelaid-off. Such payment If, as a result of the implementation of or or the employee must bump into a position with fewer hours of work per week than his previously held position, the hours of work shall be included increased to equal the hours of work in his former position until a position with a suitable number of hours of work becomes available through the job posting procedure. In the event that an employee must bump an individual in the same or lessor classification which entails an increase in excess of round trip as compared with former distance driven to and from work, the employee shall receive travel allowance as per board policy for each additional in excess of former round trip plus Every employee who has been bumped by a more senior staff member shall have to bump in accordance with through An employee cannot bump into a higher classification if the resultant effect would prevent the operation of the school in accordance with the employee's last regular paycheckrequirements of the Ontario Department of Labour Code. An employee cannot bump into the Maintenance A Trade Classification unless he has the necessary certification.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF & RECALL. Section 1. Whenever it is determined that a layoff is reasonably necessary, the following procedures will apply.
Section 2. All bargaining unit employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing any full-time regular employees. The total number of active part-time and reserve officers shall be reduced to ten (10) before any full-time officers are affected.
Section 3. Staffing in the event that economic conditions require the The Employer shall layoff of two (2) part-time employees for every (1) full-time personnel, it is agreed as follows:
a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules.
b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agreebargaining unit employee laid off.
Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest classification seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘When an employee is removed from the Sergeant classification within the Department as a result of a lay-off, the employee shall have the right to displace (bump) an employee in a lower classification position (i.e., Patrol Officer) with less departmental seniority, providing that the employee can perform the available work.
Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list. Employees on layoff are responsible for advising the Employer of their current address.
Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter shorter, and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled.
Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheckpay check.
Section 8. Laid off full-time employees shall be on a preferential hire list for part- time employment and shall be placed in an auxiliary unpaid status.
Appears in 1 contract
Samples: Collective Bargaining Agreement