Common use of LAY-OFF & RECALL Clause in Contracts

LAY-OFF & RECALL. (a) The Employee's length of service for the purpose of determining seniority rights shall be deemed to have commenced on the first day of employment with the Employer. In all cases of transfer, promotion, recall, increase or decrease of the number of Employees, seniority rights of Employees shall govern. The Employer shall give notice of layoff to all Employees who are to be laid off before noon on the working day prior to the day the Employees are to be laid off. Seniority rights of Employees shall terminate upon their discharge or resignation. Seniority rights of Employees with less than ten (10) years seniority shall terminate if they have not worked at any time a continuous period of thirty-six (36) months. Periods of time in which the Employee had work available but was absent and received weekly benefits under ARTICLE INJURY, or weekly benefits under ARTICLE HEALTH AND WELFARE PROGRAM, shall be considered as time worked for this provision. This section shall not apply to Employees who were recalled to work but were unable to work due to a doctor certified illness extending beyond three years. If any Employee leaves work or fails to report for work as scheduled, without notifying or having permission from supervisor, except in the case of illness or emergency, such Employee may be considered as having permanently quit work and shall forfeit all seniority rights. This clause will be applied only in case of abuse. In the restoration of employment, laid off Employees directed to return to work shall report for work at the time specified the written notice or inform the Employer within seventy- two (72) hours of inability to do so. Failure to notify the Employer without good reason shall cause the Employee to be dropped from the roster of The Employer will notify the Employee at the last address given on the personnel record. Employees directed to return to work may request permission to be by-passed until the seniority roster of Employees has been exhausted. This provision shall apply only the case of recall for seasonal or temporary work.

LAY-OFF & RECALL. (a) The Employee's length of service for the purpose of determining seniority rights A lay-off shall be deemed as a reduction the work force or a reduction the normal hours of work for any employee covered by the terms of this agreement. Notwithstanding the above, employees who occupy an office, clerical or technical position be required to have commenced on bump employee with less seniority who occupies an office, clerical or technical position for which they are and able to the first day of employment work, provided the position is within forty (40) kilometres present job site. Should there not be such a position the employee with the Employerright to may bump an employee with less seniority who occupies an education assistant or child and youth worker position for. they are qualified and able to perform the work. and 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 all cases the event of transfer, promotion, recall, increase or decrease a lay-off in Group A employees shall be laid in reverse order of the number of Employees, seniority rights of Employees shall governtheir se in their jurisdictional group. The Employer shall give notice of layoff to all Employees who are An employee about to be laid off before noon on may displace any employee with less seniority, provided that the employee exercising the right is qualified to perform the work of the employee with less seniority, and provided that such employee can said work without a training period to the satisfaction of the Employer. New employees shall not be hired those laid off given the opportunity of provided that those are qualified and able to perform the duties of the positions available. concerning lay-offs due to a reduction in the working day prior to the day the Employees are to be laid off. Seniority rights of Employees shall terminate upon their discharge or resignation. Seniority rights of Employees with less than ten (10) years seniority shall terminate if they have not worked at any time a continuous period of thirty-six (36) months. Periods of time in which the Employee had work available but was absent and received weekly benefits under ARTICLE INJURY, or weekly benefits under ARTICLE HEALTH AND WELFARE PROGRAMforce, shall be considered as time worked initiated in Step of the Grievance procedure. It is understood and agreed that the summer, winter, and Christmas vacations or break periods for this provisionemployees 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. This section 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 apply more than two (2) days duration at any one time, provided however, that no one employee shall be laid offas a result of such temporary layoffs for 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 later returns to Employees who were recalled the bargaining unit, shall be given credit upon return to the for seniority equal to work but were unable to work due to a doctor certified illness extending beyond three years. If any Employee leaves work or fails to report for work as scheduled, without notifying or having permission from supervisor, except in service performed within the case of illness or emergency, such Employee may be considered as having permanently quit work and shall forfeit all seniority rights. This clause will be applied only in case of abuse. In the restoration of employment, laid off Employees directed to return to work shall report for work at the time specified the written notice or inform the Employer within seventy- two (72) hours of inability to do so. Failure to notify the Employer without good reason shall cause the Employee to be dropped from the roster of The Employer will notify the Employee at the last address given on the personnel record. Employees directed to return to work may request permission to be by-passed until the seniority roster of Employees has been exhausted. This provision shall apply only the case of recall for seasonal or temporary workbargaining unit.

LAY-OFF & RECALL. The Board shall give each employee in the bargaining unit who has acquired seniority and who is to be laid-off for a period greater than thirteen (a13) The Employee's length weeks, notice in writing of service for the purpose of determining seniority rights shall be deemed to have commenced on the first day of employment his lay off in accordance with the Employer. In all cases of transfer, promotion, recall, increase following: up to years service one week notice over year but less than years service weeks notice over years but less than years service four weeks notice years or decrease of the number of Employees, seniority rights of Employees more service eight weeks notice The above notice shall govern. The Employer shall give notice of layoff only be given to all Employees permanent staff who are to be laid off before noon on the working day prior to the day the Employees are to must be laid off. Seniority rights of Employees shall terminate upon their discharge Such notice is not required for employees declared surplus to location or resignation. Seniority rights of Employees with less than ten (10) years seniority shall terminate if they for employees who have not worked at any time a continuous period of thirty-six (36) months. Periods of time in which the Employee had work available but was absent and received weekly benefits under ARTICLE INJURY, or weekly benefits under ARTICLE HEALTH AND WELFARE PROGRAM, shall be considered as time worked for this provision. This section shall not apply to Employees who were recalled to work but were unable to work due to a doctor certified illness extending beyond three years. If any Employee leaves work or fails to report for work as scheduled, without notifying or having permission from supervisor, except in the case of illness or emergency, such Employee may be considered as having permanently quit work and shall forfeit all seniority rights. This clause will be applied only in case of abusebeen bumped. In the restoration event of employmenta staff reduction, laid off Employees directed to return to work shall report for work at the time specified the written notice or inform the Employer within seventy- two (72) a reduction of hours of inability an employee in any classification, employees shall be declared surplus to do sotheir location in reverse order of their seniority within their classification as specified by the seniority list. Failure Notice that an employee is surplus to notify a location shall be handed to the Employer without good reason employee and a signed acknowledgement requested if the employee is at work. In the event that the employee is not at work, the notice shall cause the Employee be sent by registered mail to be dropped from the roster of The Employer will notify the Employee at the last address given on record with the personnel recordBoard. Employees directed to return to work may request permission to be by-passed until the seniority roster of Employees The employee who has been exhausteddeclared 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 provision time period may be extended by mutual consent of the parties to this agreement. Ifthere are no employees with lesser seniority in his own classification,the surplus employee shall apply only have to bump anyone with lesser seniority in a lower classification. In the case 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 recall May or later, must bump into a lower classification, he shall have his salary grandfathered for seasonal a maximum of the length of time employed in his former classification, or temporary 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 bump anyone with seniority in the immediately higher classification. If there are no employees in the immediately higher classification,then he may bump up into the next higher classification, etc. If there are no employees with lessor seniority in the system, the surplus employee shall be laid-off. If, as a result of the implementation of or or the employee must bump into a positionwith fewer hours of work per week than his previously held position, the hours of work shall be increasedto 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 requirements of the Ontario Department of Labour Code. An employee cannot bump into the Maintenance A Trade Classification unless he has the necessary certification.

LAY-OFF & RECALL. The Employer shall give each employee in the Bargaining Unit who has acquired seniority and who is to be laid off for a period of more than eight (a8) weeks, notice in writing of his lay off in accordance with the following schedule: Up to 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 the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. In all other cases of lay off, the Employer shall give each employee in the Bargaining Unit who has acquired seniority one (1) The Employee's length weeks notice, provided however, such notice shall not be required if the lay off occurs because of service 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 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 purpose purposes of determining seniority rights 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 of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work 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. It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within three (3) 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 commenced been received on the first second day following the date of employment with the Employer. In all cases of transfer, promotion, recall, increase or decrease of the number of Employees, seniority rights of Employees shall govern. The Employer shall give notice of layoff to all Employees who are to be laid off before noon on the working day prior to the day the Employees are to be laid off. Seniority rights of Employees shall terminate upon their discharge or resignation. Seniority rights of Employees with less than ten (10mailing) years seniority shall terminate if they have not worked at any time a continuous period of thirty-six (36) months. Periods of time in which the Employee had work available but was absent and received weekly benefits under ARTICLE INJURY, or weekly benefits under ARTICLE HEALTH AND WELFARE PROGRAM, shall be considered as time worked for this provision. This section shall not apply to Employees who were recalled to work but were unable to work due to a doctor certified illness extending beyond three years. If any Employee leaves work or fails to report for work as scheduled, without notifying or having permission from supervisor, except in the case of illness or emergency, such Employee may be considered as having permanently quit work and shall forfeit all seniority rights. This clause will be applied only in case of abuse. In the restoration of employment, laid off Employees directed to return to work shall report for work at the time specified the written notice or inform the Employer within seventy- two (72) hours of inability to do so. Failure to notify the Employer without good reason shall cause the Employee to be dropped from the roster of The Employer will notify the Employee at the last address given on the personnel record. Employees directed to return to work may request permission to be by-passed until the seniority roster of Employees has been exhausted. This provision shall apply only the case of recall for seasonal or temporary work.ten

LAY-OFF & RECALL. (a) The Employee's length Board shall give each employee in the bargaining unit who has acquired seniority and who is to be laid-off for a period greater than thirteen weeks, notice in writing of service for the purpose of determining seniority rights shall be deemed to have commenced on the first day of employment his lay off in accordance with the Employer. In all cases of transfer, promotion, recall, increase 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 decrease of the number of Employees, seniority rights of Employees more service eight weeks notice The above notice shall govern. The Employer shall give notice of layoff only be given to all Employees permanent staff who are to be laid off before noon on the working day prior to the day the Employees are to must be laid off. Seniority rights Such notice is not required for employees declared surplus to location or for employees who have been bumped. the event of Employees shall terminate upon their discharge or resignation. Seniority rights of Employees with less than ten (10) years seniority shall terminate if they have not worked at any time a continuous period of thirty-six (36) months. Periods of time in which the Employee had work available but was absent and received weekly benefits under ARTICLE INJURYstaff reduction, or weekly benefits under ARTICLE HEALTH AND WELFARE PROGRAMa reduction of hours of an employee in any classification, employees shall be considered declared surplus to their location in reverse order of their seniority within their classification as time worked for this provisionspecified by the seniority list. This section shall not apply to Employees who were recalled to work but were unable to work due Notice that an employee is surplus to a doctor certified illness extending beyond three years. If any Employee leaves work or fails location shall be handed to report for work as scheduled, without notifying or having permission from supervisor, except in the case of illness or emergency, such Employee may be considered as having permanently quit work employee and shall forfeit all seniority rights. This clause will be applied only in case of abusea signed acknowledgement requested if the employee is at work. In the restoration of employmentevent that the employee is not at work, laid off Employees directed the notice shall be sent by registered mail to return to work shall report for work at the time specified the written notice or inform the Employer within seventy- two (72) hours of inability to do so. Failure to notify the Employer without good reason shall cause the Employee to be dropped from the roster of The Employer will notify the Employee at the last address given on record with the personnel recordBoard. Employees directed to return to work may request permission to be by-passed until the seniority roster of Employees The employee who has been exhausteddeclared 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 provision 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 apply only have to bump anyone with lesser seniority in a lower classification. In the case 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 recall May or later, must bump into a lower classification, he shall have his salary grandfathered for seasonal a maximum of the length of time employed in his former classification, or temporary 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 bump anyone with lessor seniority in the immediately higher classification. If there are no employees in the immediately higher classification, then he may bump up into the next higher classification, etc. If there are no employees with lessor seniority in the system, the surplus employee shall be laid-off. 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 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 requirements of the Ontario Department of Labour Code. An employee cannot bump into the Maintenance A Trade Classification unless he has the necessary certification.

LAY-OFF & RECALL. (a) The Employee's length For the purposes of service for this Collective Agreement, a "lay off" will be defined as a reduction in the purpose workforce which results in a displacement of determining seniority rights a reduction in their regular hours and/or a loss of employment. Such a lay off shall be deemed indefinite if any is 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 and retain their recall rights or; exercise their bumping rights or accept a as described hereafter. If however, the lay off is temporary for a period of up to twenty (20) working days) the affected shall have commenced on the first day right to: accept the layoff and retain their recall rights or: exercise their bumping rights. No member of the Bargaining Unit shall be laid off if any other employment for such member is available with the Employer. Management will discuss with the Union, any contemplated reduction in staff prior to such becoming effective. In all cases the event that a reduction of transferstaff does occur probationary and/or temporary employees, promotioncontractors 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 employee is laid off. Should such a lay off be deemed indefinite, recall, increase or decrease the Employer shall provide any so affected written notification of same at least sixty working days in advance of the number effective date of Employeessaid lay off (or payment in lieu thereof). A copy of said notice will be forwarded to 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, subject to seniority rights (which for the purposes of Employees this clause shall governinclude all time with the Windsor Utilities and any of its' successors). The Employer shall give 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 layoff the employee. The employee affected shall notify the Commission by registered mail of any change in address. Failure of the employee, to all Employees who are 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 before noon on due to technological changes in procedures if any other employment with the working day Commission for such member is available, and it is expressly understood and agreed that such contemplated reduction in staff prior to such reduction becoming effective. In the day event that a reduction in staff does occur, it is expressly understood that probationary and/or temporary employees performing the Employees are to work in question shall be released before any bargaining unit employee is laid off. Seniority rights Should it become necessary to reduce the workforce within a classification within a Division, employees shall be laid off in reverse order to Divisional seniority and any employee so affected shall then exercise his or her seniority in the following manner: Within any classification, within any Division for which they are qualified and in which junior employees are working. For purposes of this clause, improvers are deemed to be in a separate classification from journeymen. Employees who have been laid off within the Division shall terminate upon be recalled in order of seniority and may be eligible to fill a vacancy in classification higher than their discharge or resignation. Seniority rights of Employees with less than ten (10) years seniority shall terminate if former position provided they have not worked at any time the necessary qualifications. Still, the employee may be required to serve a continuous familiarization period of thirty-six (36) months. Periods of time in which the Employee had work available but was absent one month upon return and received weekly benefits under ARTICLE INJURY, or weekly benefits under ARTICLE HEALTH AND WELFARE PROGRAM, shall be considered as time worked for this provision. This section shall not apply subsequent to Employees who were recalled to work but were unable to work due to a doctor certified illness extending beyond three years. If any Employee leaves work or fails to report for work as scheduled, without notifying or having permission from supervisor, except acceptance in the case of illness or emergencyposition, such Employee may be considered as having permanently quit work and shall forfeit all seniority rights. This clause will be applied only required to upgrade their skills in case of abuse. In the restoration of employment, laid off Employees directed to return to work shall report for work at the time specified the written notice or inform the Employer within seventy- two (72) hours of inability to do so. Failure to notify the Employer without good reason shall cause the Employee to be dropped from the roster of The Employer will notify the Employee at the last address given on the personnel record. Employees directed to return to work may request permission to be by-passed until the seniority roster of Employees has been exhausted. This provision shall apply only the case of recall for seasonal or temporary worknew classification.

LAY-OFF & RECALL. The board shall give each employee in the bargaining unit who has acquired seniority and who is to be laid-off for a period greater than thirteen (a13) The Employee's length weeks, notice in writing of service for the purpose of determining seniority rights shall be deemed to have commenced on the first day of employment his lay off in with the Employer. In all cases of transfer, promotion, recall, increase 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 decrease of the number of Employees, seniority rights of Employees more service eight weeks notice The above notice shall govern. The Employer shall give notice of layoff only be given to all Employees permanent staff who are to be laid off before noon on the working day prior to the day the Employees are to must be laid off. Seniority rights of Employees shall terminate upon their discharge Such notice is not required for employees declared surplus to location or resignation. Seniority rights of Employees with less than ten (10) years seniority shall terminate if they for employees who have not worked at any time a continuous period of thirty-six (36) months. Periods of time in which the Employee had work available but was absent and received weekly benefits under ARTICLE INJURY, or weekly benefits under ARTICLE HEALTH AND WELFARE PROGRAM, shall be considered as time worked for this provision. This section shall not apply to Employees who were recalled to work but were unable to work due to a doctor certified illness extending beyond three years. If any Employee leaves work or fails to report for work as scheduled, without notifying or having permission from supervisor, except in the case of illness or emergency, such Employee may be considered as having permanently quit work and shall forfeit all seniority rights. This clause will be applied only in case of abusebeen bumped. In the restoration event of employmenta staff reduction, laid off Employees directed to return to work shall report for work at the time specified the written notice or inform the Employer within seventy- two (72) a reduction of hours of inability an employee in any classification, employees shall be declared surplus to do sotheir locationin reverse order of their seniority within their classification as specified by the seniority list. Failure Notice that an employee is surplus to notify a location shall be handed to the Employer without good reason employee and a signed acknowledgement requested the employee is at work. In the event that the employee is not at work, the notice shall cause the Employee be sent by registered mail to be dropped from the roster of The Employer will notify the Employee at the last address given on record with the personnel recordBoard. Employees directed to return to work may request permission to be by-passed until the seniority roster of Employees The employee who has been exhausteddeclared 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 provision 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 apply only have to bump anyone with lesser seniority in a lower classification. In the case 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 recall May or later, must bump into a lower classification, he shall have his salary grandfathered for seasonal a maximum of the length of time employed in his former classification, or temporary 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 bump anyone with lessor seniority in the immediately higher classification. If there are no employees inthe immediately higher classification, then he may bump up into the next higher classification, etc. If there are no employees with lessor seniority in the system, the surplus employee shall be laid-off. 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 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 requirements of the Ontario Department of Labour Code. An employee cannot bump into the Maintenance A Trade Classification unless he has the necessary certification.