Common use of LAY-OFFS Clause in Contracts

LAY-OFFS. When a lack of work exists and it becomes necessary to reduce the work force, employees shall be selected as surplus in the inverse order of their seniority from the classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 5 contracts

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

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LAY-OFFS. When Section 1. A layoff is defined as a lack separation from service for involuntary reasons not reflecting discredit on an employee. An employee shall be given written notice of work exists and it becomes necessary to reduce layoff as far in advance as possible but not less than fifteen (15) calendar days before the work forceeffective date, employees stating the reasons for the layoff. Section 2. The layoff procedure shall occur in the following manner: a) Employees shall be selected as surplus for layoff in reverse order of seniority within the classification. The Employer shall recommend, with final approval from the Governor’s office, who shall determine the number of positions to be eliminated by classification and employees in those positions shall be notified of layoff. The Employer shall notify, in writing, all affected employees of their Seniority Date and Contractual bumping rights. The Employer shall notify the Union in writing of the Seniority Date of all employees in all affected classifications. The Union shall also post a copy of the Seniority Date of all affected positions on the bulletin board. b) Temporary employees working in the inverse order of their seniority from the classification and in which a layoff occurs shall be considered terminated prior to the layoff of trial service or regular employees. c) An initial probationary period employee can not displace any regular status employee. d) An Employee(s) on notice of layoff shall have the right to bump less senior employees in lower classifications in which they have previously served, have satisfactorily completed the probationary period, and can satisfy the current requirements for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee position to be displacedselected. If the employee is not thus placedalready the least senior in his/her classification, then 2.3 then the employee will be placed into an available vacant position or (if there is no vacancy) displace (bump) the employee in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance fire department with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided lowest Seniority Date in a classification in which the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employeespreviously held regular status, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification including any predecessor classifications for which he/she is qualified qualified. An employee may choose to performbe voluntarily laid off rather than bump another employee. In accordance with Article 15When there are no available vacancies to bump into, paragraph 3, if there is a vacancy in a higher classificationnor any employees to be bumped, the employee may apply in accordance with Article 12, paragraph 4will be laid off. c. When e) To be qualified for placement under Section 2(D), the District declares employee must meet all of the minimum qualifications for the position’s classification and must be capable of performing the specific requirements of the position as stated in the position description within thirty (30) days. An employee who is seeking to bump another employee has no right to a “hiring freeze” probationary period of any duration in the position into which the employee is attempting to all outside personnelbump. Further, all vacancies the thirty (30) day time period is for the purpose of orienting an employee to the position, not training the employee to perform the work. If an employee meets the minimum qualifications but is not capable of performing the specific requirements of the lowest Seniority Date position, the employee will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4laid off. d. This section gives direction f) When exercising an option under Section 2(D) an employee shall only be eligible to displaced displace another employee with lower Seniority Date. Section 3. Computation of Seniority Date for regular status employees by creating an end shall be made as specified in Article 5 of month summary the Collective Bargaining Agreement. Section 4. Any probationary employee who is laid off or voluntarily demoted in lieu of job placements and establishing a process by layoff shall be restored to the eligible list from which positions are offeredcertification was made if the eligible list is still active. Restoration to the list shall be for one (1) year.

Appears in 4 contracts

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

LAY-OFFS. The Company agrees that for the term of this agreement only there will be no layoffs of any full-time employee who is actively working in the bargaining unit on the date of ratification of this agreement, absent circumstances that are either not envisioned by the parties at the time of entering into this agreement and/or beyond the control of the Company. This should not be interpreted to mean the Company is giving up its managements rights in determining work and staffing or that everyone is frozen in their current position. Simply stated, if positions are eliminated, no one employed as of the date of the Agreement will be forced out of the Company but may be required to exercise their bumping rights. This provision of the contract will expire on June 30, 2017. In the event of circumstances that are either not envisioned by the parties at the time of entering into this agreement and/or beyond the control of the Company, the follow applies. (a) When making reductions at any headquarters, the employees with the least amount of seniority in the affected classifications shall be reduced or laid off first. For administration purposes in a lack layoff or reduction situation, journeymen and apprentices will be considered the same classification, and Departmental seniority will govern. (b) In case of work exists and it becomes necessary to reduce the work forcelayoff or reduction in forces, employees shall be selected as surplus given two-weeks notice and be paid in full to the date of layoff. The Union will also be supplied with two week notice of impending layoff. (c) An employee laid off in any headquarters may replace an employee with like classification in the inverse order Service Area, providing the replaced employee has the least amount of their departmental service area seniority. (d) An employee laid off or replaced may demote and exercise his overall Service Area seniority from the classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in any headquarters in the order Service Area. An employee laid off or replaced, having the ability and qualifications at date of layoff, may exercise his overall Service Area seniority in any Department in the affected Service Area. (e) In the case of the following successive steps: 2.1 on vacancies in Substation Department and the employee's classification, 2.2 displace in Gas Regulation Department, the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance above would apply with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided exception that each place the employee returns to work within a six (6) month periodterm "SERVICE AREA" is used the term "SOUTHERN GROUP OR DIVISIONS" would apply. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 3 contracts

Samples: Labor Agreement, Labor Agreement, Labor Agreement

LAY-OFFS. 10:01 When a lack of work exists and it becomes is necessary to reduce decrease the number of employees in a department, such reduction will be made as follows: a) Other than through a layoff, operators will remain on their respective operations, and after absence will return to their respective operation within the seniority structure outlined in the group system. Production levels will always determine the necessary employee requirements. b) When the volume of production on an operation within a group in a department reduces to the point where a reduction of personnel is warranted, the least senior employee of the operation within the group in that department will be assigned to an opening in their group. If there is no opening in their group, the employee can use their seniority to displace the most junior employee in the group in that department on the same shift provided they are qualified. c) The displaced employee from the group will exercise their seniority to displace the lease senior employee in the department on the same shift, unless they can be assigned to an opening in the department on the same shift and provided they are qualified. The employee must test capable to do the operation (per 12:14). d) The employee displaced from the department can exercise their seniority to displace the least senior employee in the plant on the same shift, unless they can be assigned to an opening in the plant on the same shift provided they are qualified. The employee must test capable to do the operation (per 12:14). e) Where the job or shift of an employee is permanently discontinued as a result of total work elimination on the operation or shift as a result of technological change (a significant change of equipment and methods), such employee, after a conference between the Company and the Union, will be assigned by the Company either to a suitable vacancy on the same shift or to work being performed by an employee with less seniority on the same shift provided they are qualified. Such senior employee will be given an appropriate training period equal to half the normal curve and will be paid according to the Incentive Assistance Program. The employee must test capable to do the operation (as per 12:14). f) If conditions change within (3) three calendar months, creating openings in their original operation, the employee affected may return to their original operation. All transfers resulting from the foregoing provisions will be paid on the Incentive Assistance Program. The Company reserves the right to displace the operators who have exercised their seniority rights to obtain a new occupation, if they do not perform the work force, employees shall be selected as surplus in the inverse order of their seniority from the classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed assigned in accordance with the Company’s quality and production standards. Updated listings of employees by Groups will be posted on the bulletin board every three (3) months. g) In no event shall the Company continue the training period if the employee runs an unreasonable amount of unacceptable work or causes damage to machines or equipment. Any employee, who fails to meet quality and production standards within the above shall stated training period or fails to qualify, will be subject to layoff. 10:02 Notwithstanding the provisions of section 10.01 hereof; when there is a lay off on each operation the employer will first ask for volunteers. The least senior employee will be laid off the first four (4) days per calendar year. Once the least senior employee has completed their four (4) days, the next senior employee will then have their four days per calendar year of lay off and continue until all employees on that operation have had equal number of days on lay off. However, employees subjected to layoff shall not suffer any loss of seniority, provided In no case after the employee returns to work within a six has served their four (64) month period. 2.5 A surplus employee may elect to fill a vacancy days of lay off per calendar year in a lower classification or particular operation shall a junior employee be laid retained on the same operation while a senior employee is on lay off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results 10:03 Wherever used in the displacement of bargaining unit employeesthis agreement, the District will assign employees as word must hires.” b. Employees will be offered placement in openings within their job title qualified” shall mean presently possessed of the skills and classification nearest aptitudes which enable the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in person to perform the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply work required in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” Company’s quality and production standards. An employee is considered qualified in regard to all outside personnel, all vacancies production standards if their performance is normally at 100% under normal conditions. Employees will also be open to transfer until considered qualified if they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, in the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.following category:

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFFS. When ‌ Section 1. A layoff is defined as a lack separation from service for involuntary reasons not reflecting discredit on an employee. An employee shall be given written notice of work exists and it becomes necessary to reduce layoff as far in advance as possible but not less than fifteen (15) calendar days before the work forceeffective date, employees stating the reasons for the layoff. Section 2. The layoff procedure shall occur in the following manner: a) Employees shall be selected as surplus for layoff in reverse order of seniority within the classification. The Employer shall recommend, with final approval from the Governor’s office, who shall determine the number of positions to be eliminated by classification and employees in those positions shall be notified of layoff. The Employer shall notify, in writing, all affected employees of their Seniority Date and Contractual bumping rights. The Employer shall notify the Union in writing of the Seniority Date of all employees in all affected classifications. The Union shall also post a copy of the Seniority Date of all affected positions on the bulletin board. b) Temporary employees working in the inverse order of their seniority from the classification and in which a layoff occurs shall be considered terminated prior to the layoff of trial service or regular employees. c) An initial probationary period employee can not displace any regular status employee. d) An Employee(s) on notice of layoff shall have the right to bump less senior employees in lower classifications in which they have previously served, have satisfactorily completed the probationary period, and can satisfy the current requirements for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee position to be displacedselected. If the employee is not thus placedalready the least senior in his/her classification, then 2.3 then the employee will be placed into an available vacant position or (if there is no vacancy) displace (bump) the employee in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance fire department with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided lowest Seniority Date in a classification in which the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employeespreviously held regular status, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification including any predecessor classifications for which he/she is qualified qualified. An employee may choose to performbe voluntarily laid off rather than bump another employee. In accordance with Article 15When there are no available vacancies to bump into, paragraph 3, if there is a vacancy in a higher classificationnor any employees to be bumped, the employee may apply in accordance with Article 12, paragraph 4will be laid off. c. When e) To be qualified for placement under Section 2(D), the District declares employee must meet all of the minimum qualifications for the position’s classification and must be capable of performing the specific requirements of the position as stated in the position description within thirty (30) days. An employee who is seeking to bump another employee has no right to a “hiring freeze” probationary period of any duration in the position into which the employee is attempting to all outside personnelbump. Further, all vacancies the thirty (30) day time period is for the purpose of orienting an employee to the position, not training the employee to perform the work. If an employee meets the minimum qualifications but is not capable of performing the specific requirements of the lowest Seniority Date position, the employee will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4laid off. d. This section gives direction f) When exercising an option under Section 2(D) an employee shall only be eligible to displaced displace another employee with lower Seniority Date. Section 3. Computation of Seniority Date for regular status employees by creating an end shall be made as specified in Article 5 of month summary the Collective Bargaining Agreement. Section 4. Any probationary employee who is laid off or voluntarily demoted in lieu of job placements and establishing a process by layoff shall be restored to the eligible list from which positions are offeredcertification was made if the eligible list is still active. Restoration to the list shall be for one (1) year.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

LAY-OFFS. 26.01 When a lack of work exists and the Employer deems it becomes necessary to reduce the workforce for more than ten (10) working days, facility-wide seniority will be the guiding factor, consistent with the Employer’s right to maintain a workforce of employees who have the qualifications, skill, ability, and are physically able to perform the work forcethat is available, at the time of the lay-off, at the rate of the job. 26.02 When the Employer deems it necessary to reduce the workforce for more than two (2) working days, the Employer whenever possible, will give regular employees shall at work one (1) working day’s clear notice of the lay off. The Employer will notify employees to be selected as surplus laid off verbally, and if possible, post a list of names of employees to be laid off on all of the facility bulletin boards. Layoffs will occur in order of reverse seniority, whereby the inverse least senior employees within that classification on the affected shift, at the affected location, will be laid off first. Surplus employees will be eligible to exercise their bumping rights. Surplus employees will: (a) In order of their preference displace the most junior employee within their classification, on a shift and at a location of their choosing provided they possess more seniority from than that employee; In the classification and event there is no junior employee to be displaced in their current classification, the surplus employee shall be considered for placement to another job for which have the following options: (i) They may displace the most junior employee is qualified to perform efficiently within a reasonable training period in the order lateral or lower classification on a shift and at a location of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further their choosing, provided that the surplus employee has more seniority than seniority, and immediately possesses the required qualifications, skill, ability and is physically able to perform the work; or (ii) Accept a lay-off. (For clarity: An employee to exercising option (i) will be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed paid in accordance with “Schedule A” of the above shall classification they have transferred to, however will maintain the right of recall to their previous classification for a period equivalent to the lesser of the employee’s seniority; or twelve (12) months.). Surplus employees must notify the Employer, in writing, of their selection within two (2) working days of receipt of their list of bumping options as provided by the Employer. The Union, Employee and Employer agree to cooperate fully in the execution of bumping. 26.03 Any employee who refuses a transfer to the available work under Clause 11.01, will lose his seniority and his employment with the Employer will be laid terminated. An employee may refuse a work assignment, at the time of lay off, to other than his own classification. HoweverWhen “recalled”, employees subjected he may refuse assignments to layoff shall not suffer any loss of seniorityother than his own classification also, provided the employee returns he must however return to work within when “recalled” to his own classification. Refusal of work is permitted only when there is a six (6) month period. 2.5 A surplus junior qualified employee may elect available to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. take the work assignment. In the event that insufficient appropriated funding Employment Canada changes any rules which may be detrimental to work locations within the District results any employee involved in the displacement of bargaining unit employeesthis provision, the District will assign employees as “must hires.” b. Employees will this provision becomes null and void, and shall be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to renegotiated with the Union. If there are no vacancies in Failure to reach agreement will subject the employee’s job title, the employee may choose matter to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4arbitration. c. When 26.04 If no work is available because of fire, lack of power, act of God or for any other reason beyond the District declares a “hiring freeze” to all outside personnelcontrol of the Employer, all vacancies employees may be laid off, and the seniority provision of Clause 26.01 will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, not apply and the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4lay off notice provision of 26.02 shall not apply. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

LAY-OFFS. When 61 a) Should a lack lay-off of work exists and it becomes necessary to reduce the work forcean employee or employees be planned, employees a minimum of fourteen (14) days’ notice shall be selected as surplus given. Lay-offs shall be done according to seniority with the last employee on, first employee off and vice versa when recalling. There shall be four (4) groupings for the layoff procedure: • Operators, Extraboard Operators/Cleaners, Garage Utility, Maintenance Utility and Mobility Operators; • Mobility Dispatch; • Licenced Truck and Coach Technicians; and • Service Maintenance Technicians. b) An employee being displaced in a layoff situation shall bump the least senior position in the inverse order of their seniority from job grouping, providing they have the classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another qualifications. If an employee who has bumped into the shortest seniority and further provided that position has the surplus employee has more seniority than required licence, the employee shall be provided all required training. c) No new employees within their job classification shall be hired until all those laid off have been given the opportunity of recall. d) No overtime shall be offered or performed until all laid off employees have been contacted. Coverage for absences shall be offered to employees on lay off. e) For vacancies that arise on the day of operation, coverage may be displacedprovided through overtime. f) If an employee accepts a temporary recall, the employee will be recalled to cover a specified period of time and once that temporary recall has been completed, they will resume the layoff if required. g) When temporarily recalled, the employee would be expected to report for the shift requiring coverage. However, if they are not available they will be by- passed and the next employee (on lay off) on the seniority list would be contacted. h) If not available on initial contact and the requirement for a full recall is in effect, a letter shall be sent by the employer to the employee via registered mail and within seven (7) working days of having received the letter, the employee must return to work. If the employee is does not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with the above return to work they shall be laid offterminated and seniority shall be lost. However, employees subjected If an employee notifies their Manager within seven (7) working days that they are unable to layoff shall not suffer any loss of seniority, provided the employee returns return to work within the prescribed time for a six (6) month period. 2.5 A surplus employee may elect to fill legitimate reason such as sickness, accident or a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results death in the displacement family, Transit Management may approve a Leave of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placementAbsence up to a specified date. The employee may choose an alternate vacancy in would be passed over and the event of multiple vacanciesnext employee on the seniority list would be recalled. A list of all job placements will be provided monthly Extensions to the Union. If there are no vacancies in leave date would require approval by the employee’s job title, appropriate Manager or designate. i) It is the obligation of the employee may choose to enter another job classification for keep Transit Services informed at all times of an address to which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4registered mail can be received by them. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

LAY-OFFS. When a lack of work exists and it becomes necessary (FULL TIME) 12 .01 Subject to reduce the work forcearticle 12 .02, employees shall be selected as surplus in the inverse order case of their seniority a layoff of a full-time employee from the classification bargaining unit, seniority shall govern as between all individual full-time employees so long as the senior employee has the necessary qualifications, skill and ability to perform the available work efficiently . 12 .02 Where a full-time employee with greater seniority is laid off and/or displaced from his job, he shall be considered for placement to another in turn displace the most junior employee in the job for which he has the employee is qualified necessary qualifications, skill and ability to perform efficiently within a reasonable training period in the order of the following successive stepsmanner and sequence: 2.1 on vacancies a) displaces the most junior employee within his same classification; if no job is available , then b) displaces the most junior employee in a lower rated classification; if no job is available, then the employee's classification, 2.2 employee shall be laid off . No employee subject to layoff shall displace in the employee's classification another employee who has is employed in a higher classification . Employees laid off pursuant to this Article shall be recalled to the shortest seniority bargaining unit in reverse order of layoff and further job classification, provided that they have the surplus employee has more seniority than necessary qualifications, skill and ability to perform the employee available work efficiently . A temporary layoff shall be deemed to be displaceda layoff of up to and including five consecutive working days . If the A full-time employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot may be placed on temporary layoff without regard to seniority . In no event shall a full-time employee be required to lose more than fifteen working days during a twelve month period because of temporary layoff . In the case of a layoff or recall, if a senior full-time employee displaces a junior full-time employee in accordance with a job, the above senior employee shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided paid at the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the junior employee’s job title, the employee may choose to enter another rate while performing that job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When 12 .03 The company shall maintain employee benefits for all temporary laid-off maintenance workers for the District declares period up to a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4maximum of 6 months . d. This section gives direction only 12 .04 Laid-off full-time employees shall continue to displaced employees by creating an end of month summary of job placements accumulate company service and establishing a process by which positions are offeredseniority, while the layoff is in effect .

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When A. In the event of a lack of work exists and it becomes necessary to reduce reduction in the work force, employees associates shall be selected as surplus in laid off by classification. Associates with the inverse order of their least seniority from the within a classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further laid off first provided that the surplus employee has more remaining associates possess the job knowledge and skills to perform the work required within the classification. Senior associates not possessing the required knowledge of the job function shall be subject to lay off. B. Employees being laid off shall be notified two (2) working days prior to the lay off. C. Associates subject to lay off shall have the following rights: 1. Displace any associate with less seniority than provided he/she can do the employee job without further training. 2. Elect to be displacedtake a lay off instead of replacing a less senior associate. The COMPANY will not contest the associate filing for unemployment benefits if he/she exercises the lay off option. 3. If an associate refuses recall to an open position or is on layoff for 12 months or more, they will be terminated by the employee COMPANY. If an associate is in town they will be expected to return within 24 hours of notification. If an associate does not thus placedreport within 24 hours of notification, thenthey will be terminated by the COMPANY. If going out of town the associate must leave a number with the COMPANY prior to leaving so they can be contacted. Associates out of the area will be expected to return within 72 hours of notification. If an associate is out of the area and is unable to report within 72 hours of notification, they will be terminated by the COMPANY. 2.3 4. It is the responsibility of the associate on layoff to notify the company of any change in their employment status, address and/or telephone number. D. In order to eliminate the shifting of more senior associates, a new associate shall, for one (1) year, according to hiring date, be available for transfer, to any classification needed by changes in the next lower classification and in the same manner in successively lower classificationsproduction schedules. 2.4 A surplus employee E. The COMPANY will not break the continuity of service of any associate who cannot be has been placed in accordance with the above shall be on furlough status. Associates who have been laid off, will accrue seniority while on layoff for a period not to exceed 12 months. Howevertheir Associates who are absent for illness or accident shall notify the COMPANY that day, employees subjected to layoff shall not suffer any loss except under extenuating circumstances. F. A maximum of seniority, provided the employee returns to work within a six (6) month periodrecognized Shop Stewards with ten (10) years of seniority, or more, shall have super seniority for the purposes of this section. The UNION must periodically and regularly provide the COMPANY with an up-to-date list of Shop Stewards. Current stewards at the time of signing this agreement with less than 10 years seniority will receive super seniority. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or G. Lay offs shall be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results conducted in the displacement presence of bargaining unit employees, a UNION Representative. It is the District will assign employees responsibility of the UNION Representative to notify the UNION office as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in results of the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4meeting. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Simmons Bedding Co)

LAY-OFFS. When a lack of work exists and it becomes 1. The District has the right to reduce its employment and, if necessary to reduce lay-off employees as a result of a reduction in the bargaining unit work forceforce due to a decrease in student enrollment, decrease in revenue to the District, legislative mandates, PED mandates or changes in instructional and programmatic needs, or in the event of a financial emergency. 2. When the District anticipates a lay-off which might result in the transfer or layoffs of employee(s), the District will notify the Federation, in writing, of the anticipated lay-off. The notice shall include the reasons for the lay-off, the affected programs and employees and the expected date of the lay-off. The notice will be provided at least twenty (20) working days prior to the anticipated implementation of a lay off. 3. Following the issuance of the notice set forth in 2 above, the Federation shall, upon request, meet with the District to discuss possible alternatives to the RIF and the transfer and/or layoff of any employee provided the Federation requests the meeting in writing, to the District no later than five (5) working days after receiving the notice of intent to RIF from the District. 4. The District will first request voluntary transfers and resignations by written notice to the employees in the affected programs or job classifications. Prior to initiating a lay-off, the District will attempt to maintain positions through voluntary and involuntary transfers. 5. If the requests set forth in 4. above do not resolve the problem, the District will notify in writing the employee with the least District wide seniority within the endorsement area and/or job classification affected by the lay-off, that the employee will be laid off. The seniority definition set forth in Article 9 of this Agreement shall be selected as surplus used. 6. A laid off employee shall have the following rights: The employee shall have recall rights for one (1) year. The District shall offer any bargaining unit position vacancy for which the certified employee is licensed/endorsed to the certified employee. For classified employees, the District shall offer any vacant position within the job classification from which the employee was laid off to the employee. Employees on an eligible recall list shall be recalled in the inverse seniority order of their seniority from the classification and shall be considered for placement entitled to another job for which all seniority rights, leaves and benefits (i.e., last off, first recalled).The employee shall maintain a current address and phone number with the District. Failure to provide this information will disqualify the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displacedfor recall rights under this agreement. If the employee is not thus placedrecalled to employment within the one (1) year recall period, then 2.3 in the next lower classification employee's employment relationship with the district shall be severed, and in the same manner in successively lower classificationsDistrict's obligation to provide any employment rights to the employee shall be terminated. 2.4 A surplus 6.1 Upon request of the employee, the laid-off employee who cannot will be placed in accordance with on the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month periodDistrict's approved substitute rolls. 2.5 A surplus 6.2 While eligible for recall and not eligible for coverage as an employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job titleanother employer, the employee may choose continue to enter another job classification participate in the District's health and other insurance programs identified under Article 39 of this agreement. The employee shall assume the total cost of premiums for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply these benefits in accordance with Article 12, paragraph 4NMPSIA requirement. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When a lack of work exists and it becomes necessary to reduce reduction in the work forceforce is necessary, employees the Company will give as much notice as possible and, except for conditions as covered under Article of this Agreement (Temporary Lay-offs), will give a minimum of five working days notice. Lay-offs by classifications within departments shall be selected as surplus governed by the principle that Employees with greater seniority in the inverse order of their classification shall be retained in preference to Employees with less seniority from in the classification provided that willingness and ability to do the job available are equal. In the case of pending lay-offs the Human Resources Department will provide the Business Agent with all necessary information prior to the Employee being notified. In the absence of the Business Agent, a member of the Negotiating Committee shall substitute. If a lay-off notice is issued while an affected Employee is on vacation or is eligible for Weekly Indemnity or Workers' Compensation payments, the notice will be considered sent to arrive at the Employee's address at least five working days before the lay-off date. Upon return from vacation, sickness or injury the Employee will be retained in employment for placement a period of five working days provided one weeks notice is given to another job the Company prior to their return date. No other Employee may grieve that his lay- off took effect before the Employee covered by this Article. Employees who have been on or off work due to illness, must first report to the Human Resources Department, before reporting for which the employee is qualified work, giving Medical documentation of fitness to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displacedtheir job duties. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding of a lay-off, Employees affected shall be allotted the following times for tool clearance, etc. immediately prior to work locations within the District results end of their shift. Up to Employees O to Employees Employees and over minutes minutes Ihour Any Employee being laid off will be given his Record of Employment and all monies due him, provided he has final clearance with the Stores Department, at the next regular pay date or five working days, whichever is greater. Nothing in this clause will contravene the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employment Standards Act or Employment Insurance Act. Employees will be offered placement not have the right to refuse a work extension of five working days or more in openings within their job title and classification nearest the location from which they were displacedown department. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements Chargehands will be provided monthly to the Union. If there are no vacancies laid off in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4order of Department Seniority. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When a lack (a) In the event of work exists and it becomes necessary to reduce the work forcelay-offs, employees seniority shall be selected as surplus recognized. The principle of last man on, first man off, shall prevail, subject to job classification. The Company shall give at least forty-eight (48) hours' notice on lay-offs, exclusive of Saturdays, Sundays and General Holidays. If lay-offs occur, providing a senior man is capable of performing another job in the inverse order of their seniority from the classification and Plant, he shall be considered for placement given the opportunity to take such a job. If lay-offs are to take place out of seniority, the Company will discuss the matter with the Union during the forty-eight (48) hour notice period. If no agreement can be reached, the lay-offs will occur and the matter referred to the grievance procedure. (b) An employee laid off in one classification will be given the opportunity of displacing an employee in the same Plant with less seniority in a higher position provided the senior employee has the capability to perform the job. Employees who bump to another job will be paid the wage rate for which the new position. Employees who accept a position under this Article shall have the right to reinstatement in their former position when such becomes available. The job, in such instances, shall not be posted and the employee is qualified to perform efficiently within will be reinstated in his former classification. (c) An employee on lay-off may "bump" a reasonable training period junior employee classified in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and a higher rated job in the same manner plant should an employee's lay-off exceed ten (10) consecutive working days. The "bump" will take place on the Monday or the Tuesday, depending on the shift the employee will be assigned to, following the ten (10) days. Employees who bump into a higher rated job must remain in successively lower classifications. 2.4 A surplus that classification, subject to the provisions of this letter, until the employee who cannot they displaced is recalled from lay-off or a vacancy occurs in the higher rated job. The Parties agree that bumping under this Letter of Understanding shall be placed in accordance with the above shall lay-off and work week provisions of the Collective Agreement. Any employee who "bumps" another employee must be laid offqualified and have previously demonstrated their ability to perform the job. However, employees subjected An employee will not qualify to layoff shall not suffer "bump" another employee in any loss of seniority, provided classification which the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In would not otherwise qualify for through the event that insufficient appropriated funding to work locations within the District results job posting procedures in the displacement of bargaining unit employees, the District will assign employees as “must hiresCollective Agreement.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. 13.1 When a lack of work exists and it becomes necessary to reduce reduction in the work forceforce is necessary, employees the Company will give as much notice as possible and, except for conditions as covered under Article 14 of this Agreement (Temporary Lay-offs), will give a minimum of five working days notice. 13.2 Lay-offs by classifications within departments shall be selected as surplus governed by the principle that Employees with greater seniority in the inverse order of their classification shall be retained in preference to Employees with less seniority from in the classification provided that willingness and ability to do the job available are equal. 13.3 In the case of pending lay-offs the Human Resources Department will provide the Business Agent with all necessary information prior to the Employee being notified. In the absence of the Business Agent, a member of the Negotiating Committee shall substitute. 13.4 If a lay-off notice is issued while an affected Employee is on vacation or is eligible for Weekly Indemnity or Workers' Compensation payments, the notice will be considered sent to arrive at the Employee's address at least five working days before the lay-off date. Upon return from vacation, sickness or injury the Employee will be retained in employment for placement a period of five working days provided one weeks notice is given to another job the Company prior to their return date. No other Employee may grieve that his lay-off took effect before the Employee covered by this Article. Employees who have been on W.C.B. or off work due to illness, must first report to the Human Resources Department, before reporting for which the employee is qualified work, giving Medical documentation of fitness to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classificationstheir job duties. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. 13.5 In the event that insufficient appropriated funding of a lay-off, Employees affected shall be allotted the following times for tool clearance, etc. immediately prior to work locations within the District results end of their shift. Up to 9 Employees - 15 minutes 10 to 24 Employees - 30 minutes 25 Employees and over - 1 hour 13.6 Any Employee being laid off will be given his Record of Employment and all monies due him, provided he has final clearance with the Stores Department, at the next regular pay date or five working days, whichever is greater. Nothing in this clause will contravene the displacement of bargaining unit employees, the District will assign employees as “must hiresEmployment Standards Act or Employment Insurance Act. b. 13.7 Employees will be offered placement not have the right to refuse a work extension of five working days or more in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements own department. 13.8 Chargehands will be provided monthly to the Union. If there are no vacancies laid off in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4order of Department Seniority. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When an employee is laid off from his department and job classification he shall have the option of retrograding in compliance with (b) below or he may displace the least senior employee in his labor grade in his unit. If his seniority precludes the displacement of any employee in his labor grade, he may bump the least senior employee on a lower base rate job within the unit. (a) When a lack move has been effectuated under the seniority provisions of work exists and the contract, the affected employee will be allowed to exercise a shift preference so long as it becomes necessary is consistent with his seniority. (b) In the event of a lay-off, the affected employee will be given the opportunity, seniority permitting, to reduce the work force, employees shall be selected as surplus retrograde into any job previously qualified on while in the inverse order employ of their the Company. Retrograde may mean upward, downward or lateral movement. (c) After an employee has exhausted all seniority from moves under the classification provisions of the contract, he will be given the opportunity to bump a less senior employee, providing he can perform that job proficiently within a three (3) week period. (d) After an employee has exhausted all seniority moves under the provisions of the contract, he will be recalled to any job by seniority in Labor Grade 9 or below provided he hasn't waived his rights to that job and shall he will be considered for placement given up to another job for which three weeks to demonstrate proficiency on the job. This section is not applicable to maintenance and tool room jobs. (e) When an employee is qualified laid off, he will be asked whether he will accept recall to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displacedany job or just his own. If the employee is waives recall to other jobs, he will be recalled only to his own job. If the employee accepts recall to jobs other than his own, he may not thus placedrefuse those jobs when offered. An employee, then 2.3 on layoff, may revise his status concerning the job or jobs to which he'll return by notifying the Company in the next lower classification and in the same manner in successively lower classificationswriting. Such notification may be made no more than twice a year during any given layoff. Recall rights are for 42 months. 2.4 A surplus (f) If an employee who cannot is recalled by the Company and subsequently disqualifies himself or is disqualified by the Company, his subsequent placement will be placed in accordance with the above shall be laid off. HoweverSection 4 (a), employees subjected to layoff shall not suffer any loss of seniority(b), provided the employee returns to work within a six (6c) month periodand (d). 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Roller Bearing Co of America Inc)

LAY-OFFS. When (a) If an ARTIST is called upon to perform one (1) or more performances during a lack lay-off week, the EMPLOYER must pay the ARTIST their full regular weekly performance salary, except as provided in Paragraph 18(f). 1. If, however, an ARTIST is offered the option of work exists an engagement of one or more performances during a lay-off period, the acceptance of such engagement is at the discretion of the ARTIST and subject to an agreed upon fee, to be negotiated between the ARTIST and the EMPLOYER and subject to advance written notification to AGMA. 2. If such engagement involves six or more dancers, the EMPLOYER must seek a waiver from AGMA as per Paragraph 7. 3. If any engagement is scheduled by the EMPLOYER, and it becomes necessary to reduce the work forceis mandatory, employees all terms and conditions of this Agreement apply. 4. Notwithstanding, all such employment shall be selected on an IAA and subject to all contributions and deductions as surplus required herein. (b) The EMPLOYER may lay off ARTISTS in the inverse order City of their seniority from Origination without any compensation. The EMPLOYER agrees that all employment outside the classification and City of Origination shall be considered for placement continuous, and each ARTIST shall be compensated therefore at their Performance Week salary, and that it shall not lay off an ARTIST in any place other than the City of Origination. (c) No lay-offs or return to another job for which the employee is qualified to perform efficiently employment within a reasonable training contract period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with the above employment shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a occur without six (6) month periodweeks prior written notification to each ARTIST. ARTISTS will be informed of the call back date when issued their letters of intent for the following season, and the projected Season Calendar, at the end of the performing season, both of which are subject to change as set forth in this Agreement. In addition, EMPLOYER will provide ARTISTS with a more detailed calendar including what ballets will be rehearsed when, subject to change, no later than the first work day of the contract year. 2.5 A surplus employee may elect (d) When the ARTIST returns to fill employment following a vacancy in lay-off period, within a lower classification or contract period of employment for the contract year, the EMPLOYER agrees that the rehearsal schedule will be laid offposted by 3:30 PM two (2) working days before the beginning of rehearsal. 2.5.1 “Must hire” process a. In (e) EMPLOYER will provide a ballet class at no cost to the event that insufficient appropriated funding ARTISTS not less than two (2) weeks prior to work locations within the District results in first scheduled rehearsals of the displacement beginning of bargaining unit employees, each Performing Season. During the District contract year the EMPLOYER will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest provide Company class or an alternative Ballet class after the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event first week of multiple vacancies. A list lay-off of all job placements two (2) or more weeks except after Nutcracker class will be provided monthly to after the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4second week of lay-off. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When a lack 10.01 Seniority is the ranking of work exists and it becomes necessary to reduce employees in accordance with their length of employment within their respective job classifications. Upon the work forcecompletion of the probationary period, employees will be awarded seniority retroactive to their date of hire. 10.02 The Employer shall maintain two (2) seniority lists. The first list shall include all employees hired to work in Regions #1 and #2 as defined in Appendix ‘B' of this Agreement. The second list shall include all employees hired to work in Region #3 as defined by Appendix ‘B' of this Agreement. At no time will an employee be able to rely on his seniority rights from one list to bump, displace, or outbid an employee from another seniority list. 10.03 Seniority rights shall cease for an employee who: a) voluntarily quits the employ of the Employer; b) is discharged, and such discharge is not reversed through the grievance procedure; c) fails to report for work as scheduled for more that two (2) consecutive work days without having a justifiable reason for such failure to report; d) is laid off for a period of more than six (6) consecutive months or leaves the bargaining unit for a period greater than six (6) months; e) fails to report on the first day following the expiration of a leave of absence without just cause; f) fails to comply with an agreed upon arrangement of his recall without just cause. 10.04 In the case of layoffs, the Employer shall rely on the seniority standing of the employees within their classification, to determine the appropriate order of layoff. In general, the employees having most seniority within his classification shall be selected laid off last and recalled first, provided the employee has the requisite skill and ability to perform the available work. To determine the level of skill and ability, the Employer will consider the relevant training that an employee has acquired and the annual evaluations on file for each employee. In the event of a layoff of Labourers, the Employer will not layoff anyone classified as surplus a Labourer ‘B' before all persons classified as Labourers ‘C' are laid off. Likewise, the Employer shall not layoff anyone classified as a Labourer ‘A', before all persons classified as Labourer ‘B' are laid off. 10.05 The Employer shall give an employee two (2) day's notice of layoff or one (1) day's pay in lieu thereof. The Employer shall provide the inverse order Union with a copy of their seniority from the classification and layoff notice given to employees. 10.06 The Employer shall not be considered for placement required to another job for give one (1) day's notice of layoff when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation. 10.07 The Employer agrees to notify the Union office of the names of employees laid off within the pay period of the date during which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in layoff occurred, together with the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classificationslatest available phone number. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When 23.01 In the event of a lack of work exists and it becomes necessary to reduce the work forcelay-off for any reason, employees Employees shall be selected as surplus laid off in the inverse following order by seniority within each group: a. Probationary employees, and b. Permanent full-time and permanent part-time employees. c. In the event of their seniority school closings or staff reductions, the affected employees will have the right to transfer to the facility of the least senior employee within his/her job category/classification or to a lower job category as defined in order by 7.05, 7.03, 7.04 or custodian. The affected employee may only move to the position held by the least senior employee within his/her category or the least senior position of the categories that he/she has previously occupied. An affected employee may not move to a higher category than he/she currently occupies. For example, a Custodian may not move to a Shift Supervisor's position, a Shift Supervisor may not move to an Elementary School Head Custodian position, and an Elementary Head Custodian can not move to a Secondary Head Custodian's position unless he/she has occupied a position in that category/classification previously and left in good standing. 23.02 Employees shall be recalled from lay-off to classifications for which they are qualified according to seniority. The District shall consider laid-off Employees to be on the classification and shall recall list until May 1 following the original lay-off. Employees may remain on the recall list so long as they notify the Assistant Superintendent's office each subsequent year on or before May 1 that they want to remain on the list to be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classificationsrecall. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within 23.03 When a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employeesposition becomes available for recall, the District will assign employees as “must hires.” b. notify eligible Employees will be offered placement in openings within their job title and classification nearest by certified mail at the location from which they were displaced. Seniority will determine priority in placementEmployee's last known address. The employee may choose an alternate vacancy Employee must notify the Assistant Superintendent's office within five (5) work days after receiving the notice of recall of his/her intention to return to work. Failure by the Employee to so notify the District shall be considered a decision not to accept the recall. 23.04 It is the responsibility of the Employee to immediately notify the Assistant Superintendent's office of any changes in mailing address during the event period of multiple vacancieslay-off. A list The District shall have fulfilled its obligation under this Section by mailing the recall notice to the Employee's last known address by certified mail. 23.05 The District will notify the Union of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4eliminations. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. 26.01 When a lack of work exists and the Employer deems it becomes necessary to reduce the workforce for more than ten (10) working days, facility-wide seniority will be the guiding factor, consistent with the Employer’s right to maintain a workforce of employees who have the qualifications, skill, ability, and are physically able to perform the work forcethat is available, at the time of the lay-off, at the rate of the job. 26.02 When the Employer deems it necessary to reduce the workforce for more than two (2) working days, the Employer whenever possible, will give regular employees shall at work one (1) working day’s clear notice of the lay- off. The Employer will notify employees to be selected as surplus laid off verbally, and if possible, post a list of names of employees to be laid off on all of the facility bulletin boards. Layoffs will occur in order of reverse seniority, whereby the inverse least senior employees within that classification on the affected shift, at the affected location, will be laid off first. Surplus employees will be eligible to exercise their bumping rights. Surplus employees will: a. In order of their preference displace the most junior employee within their classification, on a shift and at a location of their choosing provided they possess more seniority from than that employee; In the classification and event there is no junior employee to be displaced in their current classification, the surplus employee shall be considered for placement to another job for which have the following options: i. They may displace the most junior employee is qualified to perform efficiently within a reasonable training period in the order lateral or lower classification on a shift and at a location of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further their choosing, provided that the surplus employee has more seniority than seniority, and immediately possesses the required qualifications, skill, ability and is physically able to perform the work; or ii. Accept a lay-off. (For clarity: An employee to exercising option (i) will be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed paid in accordance with “Schedule A” of the above shall classification they have transferred to, however will maintain the right of recall to their previous classification for a period equivalent to the lesser of the employee’s seniority; or twelve (12) months.). Surplus employees must notify the Employer, in writing, of their selection within two (2) working days of receipt of their list of bumping options as provided by the Employer. The Union, Employee and Employer agree to cooperate fully in the execution of bumping. 26.03 Any employee who refuses a transfer to the available work under Clause 11.01, will lose his seniority and his employment with the Employer will be laid terminated. An employee may refuse a work assignment, at the time of lay off, to other than his own classification. HoweverWhen “recalled”, employees subjected he may refuse assignments to layoff shall not suffer any loss of seniorityother than his own classification also, provided the employee returns he must however return to work within when “recalled” to his own classification. Refusal of work is permitted only when there is a six (6) month period. 2.5 A surplus junior qualified employee may elect available to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. take the work assignment. In the event that insufficient appropriated funding Employment Canada changes any rules which may be detrimental to work locations within the District results any employee involved in the displacement of bargaining unit employeesthis provision, the District will assign employees as “must hires.” b. Employees will this provision becomes null and void, and shall be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to renegotiated with the Union. If there are no vacancies in Failure to reach agreement will subject the employee’s job title, the employee may choose matter to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4arbitration. c. When 26.04 If no work is available because of fire, lack of power, act of God or for any other reason beyond the District declares a “hiring freeze” to all outside personnelcontrol of the Employer, all vacancies employees may be laid off, and the seniority provision of Clause 26.01 will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, not apply and the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4lay- off notice provision of 26.02 shall not apply. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. When In the event a lack of work exists and it lay-off becomes necessary to reduce the work forcenecessary, employees shall be selected as surplus in the inverse order of their seniority from the classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive stepspro- cedure will apply: 2.1 (a) Prior to any lay-off, the Company and the Union repre- sentatives will meet to discuss such lay-off. (b) All probationary, temporary, contract and/or outside contractor employees performing bargaining unit work will be placed on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displacedlay-off before employees with senior- ity rights are placed on lay-off. If the employee necessary skill set is not thus placed, then 2.3 in available among the next lower classification and in employees to be laid off the same manner in successively lower classificationsabove may be retained. 2.4 A surplus (c) Where it is the deciding factor in a lay-off, progres- sion or transfer, seniority will be confined to three de- partments: Trades Department, Laboratory Technician Department and Production Department. The three de- partments are further described in Article 11.05. (d) Employees with seniority rights have the right of recall for up to one (1) year. (e) Employees on lay-off will be recalled in reverse order of lay-off. Where practical, no new, temporary, con- tract and/or outside contractor employees will be hired to perform bargaining unit work until all employees with right of recall and the necessary skill set to per- form the required work have been recalled. (f) Employees on lay-off are responsible to inform the Company of their current address and telephone number. (g) An employee who cannot be placed on lay-off, will, upon receipt of recall, report to the Company within two (2) weeks after re- ceiving such notice. To mitigate any dispute, the dated postmark of the written recall notice will determine the start date of the two (2) week period. Failure to report within the two-week period will result in accordance loss of further employment rights with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month periodCompany. 2.5 A surplus employee may elect (h) Department seniority will terminate upon lay-off and must be re-established on return to fill a vacancy in a lower classification or be laid offwork. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees(i) The company shall conduct a job posting for a required vacant position created by a layoff, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 128, paragraph 4with the obligation to conduct posting only for this first such vacancy. c. When (j) Except as provided in the District declares paragraph immediately fol- lowing, an employee with three or more years of plant seniority who is to be laid off may, providing he has greater seniority and can qualify in a “hiring freeze” to all outside personneltwo week per- iod, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicantreplace the employee with the least seniority in the Trade Department, Laboratory Technician Department or in the Production Department, as applicable. (k) In the event of a lay-off involving employees with sen- iority, the vacancy Company will give such employees a min- imum of fourteen (14) days notice of lay-off. When an emergency shutdown occurs, the Union and the Com- pany will meet to arrange shorter notice. In case of pro- bationary employees, shorter advance notice of lay-off may be filled in accordance with Article 12given. In any event, paragraphs 3 and 4the Company will follow, as a minimum, the provisions of the current Ontario Employment Standards Act. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When 11.01 For the purposes of this Article, a lay-off means a disruption of employment due to a lack of work exists or the discontinuance of a function at the child care centre, either on a temporary basis where the Employer intends to recall the employee within a reasonable period of time, or on a permanent basis where re-hire is not likely in the foreseeable future. 11.02 At least five clear working days notice of a temporary lay-off must be given to the employee, and it becomes necessary fifteen clear working days notice of a permanent lay-off. The notice must be in writing. In lieu of proper notice the Employer must pay the employee wages for the period for which notice should have been given. 11.03 Employees on lay-off status will not receive the benefits of this agreement with the exception of their rights under this Article, including the right to reduce the work forcegrieve any violation of this Article. 11.04 Subject to Clause 11.05, employees shall will be selected as surplus laid off in the inverse reverse order of their seniority, provided that the remaining jobs continue to be filled with qualified employees. 11.05 Lay-offs may be based on criteria other than seniority from where: (a) The Union consents to the classification and shall particular lay-off, or (b) The Labour Management Relations Committee referred to in Article 45 has unanimously adopted a different system for determining the order of lay-offs for that centre. 11.06 Subject to 11.07, an employee who is subject to a lay-off may displace any employee who is lower on the bumping list, which list will be considered developed by the Labour Management Relations Committee. 11.07 The Labour Management Relations Committee may adopt its own criteria for placement to another job bumping, which criteria will prevail over Clause 11.06 for which the employee centre, provided the criteria is qualified to perform efficiently within a reasonable training period adopted unanimously by representatives of the Labour Management Relations Committee. 11.08 Employees must be recalled in the order of their seniority, provided they meet the following successive stepsqualifications for the job, or can do so within a reasonable time, unless: 2.1 on vacancies (a) The Union otherwise consents, or (b) The Labour Management Relations Committee has unanimously adopted a different system of recall for laid off employees for the centre. 11.09 No new employees may be hired until those laid off have been given a reasonable opportunity of recall in accordance with Clause 11.06 or 11.07 as the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displacedcase may be. If the employee turns down the opportunity to be recalled as of a certain date, the employee is not thus placeddeemed to be terminated, then 2.3 in unless the next lower classification employee asks to continue on lay-off status, and in has reasonable cause for rejecting the same manner in successively lower classificationsopportunity of recall. 2.4 A surplus 11.10 Holiday pay may be paid out to the employee who cannot be placed prior to the lay-off, during the period of lay-off, or after the resumption of employment in accordance with the above shall be laid off. Howeveremployee’s wishes, employees subjected subject to layoff shall not suffer any loss of seniority, provided statutory restrictions on the employee returns to work within a six (6) month periodEmployer. 2.5 11.11 A surplus employee may elect person who is not recalled within one year of being laid off is deemed to fill a vacancy in a lower classification or be laid offterminated. 2.5.1 “Must hire” process a. 11.12 In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employeesa lay-off becomes necessary, the District Employer will assign notify the Union and will consult with the Union about the application of this Article to the lay-off, and any further terms of the lay-off that may be reasonable given the circumstances. 11.13 In addition to the provisions of Article 21, Severance Bonus, employees as “must hires.” b. Employees will be offered placement given notice of layoff or pay in openings within their job title and classification nearest lieu of notice as follows: Length of Service Notice After 6 months One week After 1 year Three weeks After 3 years Four weeks After 4 years Five weeks After 5 years/10,000 hours Eight weeks or the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly bonus pursuant to the Union. If there are no vacancies in the employee’s job titleArticle 21.04, the employee may choose to enter another job classification for which he/she whichever is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4greater. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. When a lack of work exists and it becomes necessary to reduce the work force, employees shall be selected as surplus in the inverse order of their seniority from the classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 2.1. on vacancies in the employee's classification, 2.2 2.2. displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 2.3. in the next lower classification and in the same manner in successively lower classifications. 2.4 2.4. A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 2.5. A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When a) In the event that employees are laid off from a lack of work exists particular job, they will be allowed to exercise their seniority in any other classification covered by this Contract in which they have the necessary fitness and it becomes necessary ability to reduce learn the work force, required within fifteen (15) working days. Such employees shall be selected as surplus given a reasonable opportunity under qualified supervision to learn the job for a period not to exceed sixty (60) working days. In addition, if an entire department should be closed and the employees in the inverse order of such department laid off they shall be allowed to exercise their seniority to obtain any job, providing they have the physical fitness and ability to learn the job. Any employee who is bumped from their job as a result of the classification and employee who was laid off or bumped exercising their seniority shall be considered for placement have the same right to another exercise their seniority to obtain a job for which they have the employee is physical fitness and ability to learn the job. Such employees shall be given a reasonable opportunity under qualified supervision to learn the job for a period not to exceed sixty (60) working days. If by the end of such period such employees demonstrate an ability to perform efficiently within the duties of the job, they shall be awarded the job on a reasonable training permanent basis. If such employees do not demonstrate an ability to perform the duties of the job by the end of the sixty (60) working day period, they shall not be entitled to a second (2nd) trial period in another classification but may exercise their seniority only to obtain a job for which they already have the order of necessary fitness and ability to perform the following successive steps:work. 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another b) An employee who has been laid off or bumped from a job shall have the shortest seniority and further provided that option to fill any vacancy which the surplus employee has more seniority than Company wishes to fill if such vacancy occurs within twenty-four (24) months after the employee to be displaced. If was laid off or bumped and if the employee vacancy is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with classification, hours of work, work week and at the above shall be laid off. However, employees subjected same reporting location to layoff shall not suffer any loss of seniority, provided which the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification was assigned at the time they were bumped or be laid off. 2.5.1 “Must hire” process a. In c) An employee who has been laid off or bumped from a job will automatically be transferred to fill any temporary vacancy that the event that insufficient appropriated funding Company has decided to work locations within fill if the District results vacancy occurs in the displacement classification they held and if at the time the vacancy is to be filled they are present for work at the reporting location at which the vacancy exists and the vacancy is on the same hours of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title work and classification nearest the location from work week to which they were displacedpreviously assigned. Seniority If the vacancy will determine priority in placement. The last for at least one (1) full work week, such employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly transferred to fill the Union. If there are no vacancies in vacancy whether or not it is on the employee’s job title, the employee may choose same hours of work and work week to enter another job classification for which he/she is qualified regularly assigned. If two (2) or more employees would be eligible for a transfer under this provision, the transfer shall be offered to performthem in the order of their seniority, and if none of them desires the transfer the most junior shall be required to accept it. d) Preference to laid-off employees. In accordance with Article 15the event that employees are laid-off in any Division covered by this contract, paragraph 3and it becomes necessary for Management to increase the work force in another Division covered by this Contract, if there is it shall be the policy of the Company to give preference to laid-off employees in hiring people to increase the work force in another Division. Laid-off employees who wish to be transferred to another Division covered by this Agreement shall apply for such a vacancy transfer to the Human Resources Department of Missouri Gas Energy. Employees so transferred shall accrue seniority in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When new Division from the District declares a “hiring freeze” date of their transfer to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted such Division for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary purpose of job placements bidding, transfers, and establishing a process by lay-offs. They shall; however, retain their original seniority for the purpose of applying all other provisions of this Contract, and may return to said home Division with full seniority rights in the event that the work force in such Division is increased or vacancies occur for which positions are offeredthey may be eligible under the bidding procedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When 17.1 In the event of a lack layoff, the Corporation will notify the Association and the employee(s) concerned which department and position(s) it is affecting and, give at least 3 and up to 6 months' notice in order to facilitate the ensuing process. In case of work exists and it becomes necessary uncontrollable circumstances, the 3-month minimum notice may not apply. In the case where more than one (1) Regular employee holds the same position the layoff will be done by reverse order of seniority. 17.2 A Regular employee whose position is affected shall: (a) Be given two (2) weeks, (within the notice period), to reduce elect one of three (3) options: displacement, reassignment or employment termination. (b) Have access to a seniority list in consultation with the work forceHuman Resources office. 17.3 A Regular employee, employees shall be selected as surplus whose position is affected must elect to either: (a) Displace an employee in the inverse order same or lower classification with less seniority provided s/he is qualified for the position held by that employee. A Regular Full-Time employee cannot be displaced by a Regular Part-Time employee. The new rate of their seniority from the classification and shall be considered for placement to another job for which the employee will be the rate within the new class that is qualified the closest to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displacedhis/her current rate. If the employee current rate is not thus placedhigher than the maximum of the new class, then 2.3 in the next lower classification and in new rate will be the lesser of the current rate or 15% above the maximum of the new class. The rate determined for the new position will remain the same manner in successively lower classifications(will be red-circled) until the normal rate of the new position has caught up. 2.4 (b) Request to be placed on a Reassignment list for a maximum of 12 months (c) Opt to terminate employment. 17.4 A surplus Regular employee who cannot chooses to be placed on a Reassignment List shall: (a) Be placed in accordance with a Regular position within the above shall be laid off. Howeversame Category of Employment, employees subjected to layoff shall not suffer any loss of seniority, provided should one become available and the employee returns be qualified, without going through an application process and the position being posted. The usual trial period conditions apply. The new rate will be determined as per above 17.3 a. (b) Receive a termination indemnity at the end of 12 months if the Regular employee has not been placed in a position within that time period. (c) Have the option to work within terminate employment and receive a six (6) termination indemnity at any time during that 12 month period. 2.5 17.5 A surplus Regular employee may elect who opts to fill terminate employment with the Corporation or who has been on the Reassignment List for 12 months shall be entitled to receive as a vacancy in termination indemnity, the equivalent of one month of salary per year of seniority, to a lower classification or be laid offmaximum of 12 months. 2.5.1 “Must hire” process a. In 17.6 Disputes arising from the event that insufficient appropriated funding to work locations within interpretation, application or implementation of the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees above will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly referred to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4Joint Committee. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. The Company agrees that for the term of this agreement only there will be no layoffs of any full-time employee who is actively working in the bargaining unit on the date of ratification of this agreement, absent circumstances that are either not envisioned by the parties at the time of entering into this agreement and/or beyond the control of the Company. This should not be interpreted to mean the Company is giving up its managements rights in determining work and staffing or that everyone is frozen in their current position. Simply stated, if positions are eliminated, no one employed as of the date of the Agreement will be forced out of the Company but may be required to exercise their bumping rights. This provision of the contract will expire on June 30, 2016. In the event of circumstances that are either not envisioned by the parties at the time of entering into this agreement and/or beyond the control of the Company, the follow applies. (a) When making reductions at any headquarters, the employees with the least amount of seniority in the affected classifications shall be reduced or laid off first. For administration purposes in a lack layoff or reduction situation, journeymen and apprentices will be considered the same classification, and Departmental seniority will govern. (b) In case of work exists and it becomes necessary to reduce the work forcelayoff or reduction in forces, employees shall be selected as surplus given two- weeks notice and be paid in full to the date of layoff. The Union will also be supplied with two week notice of impending layoff. (c) An employee laid off in any headquarters may replace an employee with like classification in the inverse order Service Area, providing the replaced employee has the least amount of their departmental service area seniority. (d) An employee laid off or replaced may demote and exercise his overall Service Area seniority from the classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in any headquarters in the order Service Area. An employee laid off or replaced, having the ability and qualifications at date of layoff, may exercise his overall Service Area seniority in any Department in the affected Service Area. (e) In the case of the following successive steps: 2.1 on vacancies in Substation Department and the employee's classification, 2.2 displace in Gas Regulation Department, the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance above would apply with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided exception that each place the employee returns to work within a six (6) month periodterm "SERVICE AREA" is used the term "SOUTHERN GROUP OR DIVISIONS" would apply. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Labor Agreement

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LAY-OFFS. When In the event a lack of work exists and it lay-off becomes necessary to reduce the work forcenecessary, employees shall be selected as surplus in the inverse order of their seniority from the classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive stepspro- cedure will apply: 2.1 on vacancies in (a) Prior to any lay-off, the employee's classification, 2.2 displace in Company and the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee Union repre- sentatives will meet to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid discuss such lay-off. 2.5.1 “Must hire” process(b) All probationary, temporary, contract and/or outside contractor employees performing bargaining unit work a. In (c) Where it is the event that insufficient appropriated funding deciding factor in a lay-off, progres- sion or transfer, seniority will be confined to three de- partments: Trades Department, Laboratory Technician Department and Production Department. The three de- partments are further described in Article 11.05. (d) Employees with seniority rights have the right of recall for up to one (1) year. (e) Employees on lay-off will be recalled in reverse order of lay-off. Where practical, no new, temporary, con- tract and/or outside contractor employees will be hired to perform bargaining unit work locations until all employees (f) Employees on lay-off are responsible to inform the Company of their current address and telephone num- ber. (g) An employee on lay-off, will, upon receipt of recall, report to the Company within two (2) weeks after re- ceiving such notice. To mitigate any dispute, the dated postmark of the written recall notice will determine the start date of the two (2) week period. Failure to report within the District results two-week period will result in loss of further employment rights with the displacement of bargaining unit employeesCompany. (h) Department seniority will terminate upon lay-off and must be re-established on return to work. (i) The company shall conduct a job posting for a required vacant position created by a layoff, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 128, paragraph 4with the obligation to conduct posting only for this first such vacancy. c. When (j) Except as provided in the District declares paragraph immediately fol- lowing, an employee with three or more years of plant seniority who is to be laid off may, providing he has greater seniority and can qualify in a “hiring freeze” to all outside personneltwo week per- iod, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicantreplace the employee with the least seniority in the Trade Department, Laboratory Technician Department or in the Production Department, as applicable. (k) In the event of a lay-off involving employees with sen- iority, the vacancy Company will give such employees a min- imum of fourteen (14) days notice of lay-off. When an emergency shutdown occurs, the Union and the Com- pany will meet to arrange shorter notice. In case of pro- bationary employees, shorter advance notice of lay-off may be filled in accordance with Article 12given. In any event, paragraphs 3 and 4the Company will follow, as a minimum, the provisions of the current Ontario Employment Standards Act. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. a) When circumstances require a lack reduction in the number of work exists employees in a particular job classification, the employee in that job classification having the least amount of plant seniority will, provided the employees retained have the qualifications and it becomes necessary ability to reduce perform the work forcerequired, employees shall be selected as surplus in the inverse order of their seniority from the classification and shall laid off with recall rights if they so elect or, be considered for placement permitted to another job for which the displace an employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower available classification in their department, in which they have the qualifications and ability to perform the work available and if the employee in the same manner in successively lower classificationsclassification has less plant seniority. The employee with the least plant seniority will be displaced. 2.4 A surplus b) After being displaced out of their departments, employees will be laid off on the basis of their plant seniority provided the employees retained have the qualifications and ability to perform the work required. This means that if an employee who cannot be placed in accordance with the above shall is scheduled to be laid off, they will have the right of displacing an employee in a higher job classification providing they have the qualification and ability to perform the work required and providing that an employee in the higher classification has less plant seniority. HoweverWhen a senior employee does not have the qualifications and ability to bump into a position in the plant, employees subjected the employee, in the course of each layoff, will be allowed to displace another employee once, with less seniority, in the following entry-level positions, providing the employee meets the physical requirements: The Production Team Assistant and Warehouse Material Handler positions. It is understood that where an employee does not meet the physical requirements to displace an employee in certain classifications, they will retain the right to displace an employee in an available position set out in this article where they do have the physical requirements to perform the job. c) If circumstances require, a temporary layoff may be declared in which case the layoff provisions of this agreement do not apply. A temporary layoff shall be defined as a layoff which does not suffer any loss of exceed four (4) working days. When a temporary layoff occurs, the Company will lay off within the affected department by plant seniority. Where a temporary layoff occurs for a period less than 48 hours, provided the employee returns to work Company will lay off within a six (6) month periodthe affected classification by crew by plant seniority within the affected department. 2.5 A surplus d) Whenever an employee may elect is displaced under the provisions of 9.02, and they waive their right to fill a vacancy in a lower bump into another classification, as per the provisions of Article 9.02, then this employee will be recalled only to the last department and classification or be that they held before being laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding e) When recalling employees to work locations within the District results after a layoff, they shall be called in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement reverse order to that in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in have been laid off, provided the event of multiple vacancies. A list of all job placements will be provided monthly employees recalled have the qualifications and ability to perform the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4work required. c. When f) Scheduled plant shutdown for summer and Christmas purposes will not be considered as layoffs under the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4terms of this agreement. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. a) When circumstances require a lack reduction in the number of work exists employees in a particular job classification, the employee in that job classification having the least amount of plant seniority will, provided the employees retained have the qualifications and it becomes necessary ability to reduce perform the work forcerequired, employees shall be selected as surplus in the inverse order of their seniority from the classification and shall laid off with recall rights if they so elect or, be considered for placement permitted to another job for which the displace an employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower available classification in their department, in which they have the qualifications and ability to perform the work available and if the employee in the same manner in successively lower classificationsclassification has less plant seniority. The employee with the least plant seniority will be displaced. 2.4 A surplus b) After being displaced out of their departments, employees will be laid off on the basis of their plant seniority provided the employees retained have the qualifications and ability to perform the work required. This means that if an employee who cannot be placed in accordance with the above shall is scheduled to be laid off. However, employees subjected to layoff shall not suffer any loss they will have the right of seniority, provided the displacing an employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classificationjob classification providing they have the qualification and ability to perform the work required and providing that an employee in the higher classification has less plant seniority. When a senior employee does not have the qualifications and ability to bump into a position in the plant, the employee, in the course of each layoff, will be allowed to displace another employee may apply once, with less seniority, in accordance with Article 12the following entry-level positions, paragraph 4providing the employee meets the physical requirements: The Production Team Assistant and Warehouse Material Handler positions. It is understood that where an employee does not meet the physical requirements to displace an employee in certain classifications, they will retain the right to displace an employee in an available position set out in this article where they do have the physical requirements to perform the job. c. When c) If circumstances require, a temporary layoff may be declared in which case the District declares layoff provisions of this agreement do not apply. A temporary layoff shall be defined as a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by layoff which positions are offered.does not exceed four

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. When 20.01 In the event of a lack of work exists and it becomes necessary to reduce the work forcelay-off for any reason, employees shall be selected as surplus laid off from each classification (bus driver or bus monitor) and license category in the following order by seniority within each group: a. Probationary part-time b. Probationary full-time c. Permanent part-time d. Permanent full-time Any employee, who is laid off from his/her home-to-school route or permanent substitute driver assignment, will not be allowed to retain any mid-day, late bus, program, seasonal athletic activity or summer work assignments. 20.02 Employees shall be recalled from lay-off to classifications for which they are qualified according to seniority in the inverse order of their seniority from lay-off. The District shall consider laid-off employees to be on the classification and shall recall list until May 1 following the original lay-off. Employees may remain on the recall list so long as they notify the Director of Human Resources each subsequent year on or before May 1 that they want to remain on the list to be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classificationsrecall. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within 20.03 When a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employeesposition becomes available for recall, the District will assign notify eligible employees by certified mail at the employee's last known address. The employee must notify the Director of Human Resources within five (5) workdays after receiving the notice of recall of employee's intention to return to work. Failure by the employee to so notify the District shall be considered a decision not to accept the recall. If a laid-off employee refuses one offer of recall to a position in employee's classification for which employee is qualified - whether by declining to accept the recall or failing to notify the District as “must hiresrequired by this section - the employee shall forfeit employee's rights to recall under this section. b. Employees 20.04 It is the responsibility of the employee to immediately notify the Director of Human Resources of any changes in mailing address during the period of lay-off. The District shall have fulfilled its obligation under this Section by mailing the recall notice to the employee's last known address by certified mail. 20.05 The District will notify the Union of all scheduled layoffs. 20.06 Any bus driver or bus monitor, whose awarded home-to-school route or permanent substitute driver assignment is eliminated, will have the option to bid (based on seniority) any home-to-school route or permanent substitute route that may be offered placement open (not awarded) at the time of the work elimination. If no such assignments are available, a senior bus driver may bump the least senior bus driver from his/her home-to-school route or permanent substitute driver assignment. Bus monitors may bump, in openings the same manner, within their job title and classification nearest the location from which they were displacedclassification. Seniority Drivers will determine priority in placementnot be allowed to bump monitors. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements Any bus driver who successfully exercises his/her right to bump a home-to-school route or permanent substitute driver assignment will be provided monthly allowed to the Union. If there are no vacancies in the employee’s job titleretain any mid-day, the employee may choose to enter another job classification for which late bus, program, seasonal athletic activity or summer work assignments that he/she may have that is qualified not affected by the reduction in work assignments. 20.07 In cases of multiple routes being eliminated, preference will be given to performsenior drivers in selecting open slots versus bumping junior employees up to the number of eliminated positions. In accordance with Article 15For example, paragraph 3, if two routes are eliminated and there is a vacancy in a higher classification, the one un-awarded home- to-school position. The most senior displaced employee may apply in accordance with Article 12, paragraph 4. c. When decide to take the District declares a “hiring freeze” to all outside personnel, all vacancies open position or bump the least senior employee. The second most senior displaced employee will be open limited to transfer until they are filledwhatever option remains. Jobs Any employee left displaced after a bumping cycle will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4considered laid off. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. SECTION 1 When a lack of work exists and it becomes necessary to reduce the work forcenumber of employees, employees lay-offs shall be selected as surplus made in the inverse order of their seniority from departmental seniority. Seniority shall prevail provided that the classification and shall be considered for placement to another job for which the remaining employee involved is qualified to perform efficiently within the work available. Employees contesting lay-off may grieve the question of whether or not they are qualified to perform the job of a reasonable training period in the order less senior employee retained. SECTION 2 Employees shall be given bulletin board notice of the following successive steps: 2.1 on vacancies in lay-off stating the employee's classification, 2.2 displace in effective date. Such notice shall be given at least fourteen (14) calendar days prior to the employee's classification another employee who has date the shortest seniority and further provided that the surplus employee has more seniority than the employee lay-off is to be displaced. If the employee is not thus placedbecome effective, then 2.3 in the next lower classification and in the same manner in successively lower classificationsif practicable. 2.4 A surplus employee who cannot SECTION 3 In the event a lay-off of drivers occurs, a maximum of four (4) senior drivers during the term of this Agreement, upon proper notification to the Authority, may elect to take a voluntary lay-off and permit a junior driver to work. It is understood that no more than four (4) senior drivers may make such election and such elections shall be placed in accordance with granted on the above shall basis of the seniority of those senior drivers so electing. The election by a senior driver must be made one (1) week prior to the point of lay-off and the Employer will then give written notice to those employees to be laid off. However. SECTION 4 In this event, employees subjected to layoff shall the voluntary lay-off would extend for a ninety (90) day period and such senior driver would not suffer any loss of seniority, provided the employee returns be returned to work within until all employees are recalled to work or the ninety (90) day period expires, whichever comes first. The vacancy created by the voluntary lay-off of a six senior driver would be worked as a hold-down. When the voluntarily laid-off driver returns, he/she will work the extra board. Only one voluntary lay-off may be taken by an employee in a twelve (612) month period. 2.5 A surplus employee SECTION 5 All employees returning from layoff shall either be placed on the Extra Board or will be assigned work within their classification until the next scheduled sign-up. SECTION 6 Maintenance requests for voluntary lay-off may elect to fill be granted if the Employer determines that the ability is not needed. A. During a vacancy in a lower classification or layoff, part time employees shall be laid offoff first; however, part time assignments may be offered on a voluntary basis to full time employees to avoid layoff. If full time employees do not accept any part time assignments, the Employer may recall part time employees to such position(s). Recall rights and/or unemployment compensation shall not be affected by an employee's decision not to accept available part time work. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding B. Part time employees shall not be used to work locations within the District results in the displacement of bargaining unit displace full-time employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When a lack 10.01 Seniority is the ranking of work exists and it becomes necessary to reduce employees in accordance with their length of employment within their respective job classifications. Upon the work forcecompletion of the probationary period, employees will be awarded seniority retroactive to their date of hire. 10.02 The Employer shall maintain two (2) seniority lists. The first list shall include all employees hired to work in Regions #1 and #2 as defined in Appendix ‘B’ of this Agreement. The second list shall include all employees hired to work in Region #3 as defined by Appendix ‘B’ of this Agreement. At no time will an employee be able to rely on their seniority rights from one list to bump, displace, or outbid an employee from another seniority list. 10.03 Seniority rights shall cease for an employee who: a. voluntarily quits the employ of the Employer; b. is discharged, and such discharge is not reversed through the grievance procedure; c. fails to report for work as scheduled for more than two (2) consecutive work days without having a justifiable reason for such failure to report; d. is laid off for a period of more than six (6) consecutive months or leaves the bargaining unit for a period greater than six (6) months; e. fails to report on the first day following the expiration of a leave of absence without just cause; f. fails to comply with an agreed upon arrangement of their recall without just cause. 10.04 In the case of layoffs, the Employer shall rely on the seniority standing of the employees within their classification, to determine the appropriate order of layoff. In general, the employees having most seniority within their classification shall be selected laid off last and recalled first, provided the employee has the requisite skill and ability to perform the available work. To determine the level of skill and ability, the Employer will consider the relevant training that an employee has acquired. In the event of a layoff of Labourers, the Employer will not layoff anyone classified as surplus a Labourer ‘B’ before all persons classified as Labourers ‘C’ are laid off. Likewise, the Employer shall not layoff anyone classified as a Labourer ‘A’, before all persons classified as Labourer ‘B’ are laid off. 10.05 The Employer shall give an employee two (2) day’s notice of layoff or one (1) day’s pay in lieu thereof. The Employer shall provide the inverse order Union with a copy of their seniority from the classification and layoff notice given to employees. 10.06 The Employer shall not be considered for placement required to another job for give any notice or pay in lieu of layoff notice when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation. 10.07 The Employer agrees to notify the Union office of the names of employees laid off within the pay period of the date during which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in layoff occurred, together with the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classificationslatest available phone number. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. When a lack 5.1 In case of work exists and it becomes necessary lay-offs due to reduce retrenchment, reorganization or contraction of an Agency program or programs, seniority within classification (except as provided in Section 5.4) on an Agency-wide basis, based upon length of service from the work forcedate of initial hire by Agency or its predecessors, employees shall be selected as surplus a determining but not the sole factor in the inverse order selection of their seniority employees to be retained in that program. Within five (5) working days from when the Union receives notice of layoff from the Agency, the Union will advise the Agency of any employee with the classification and affected by the layoff who wishes to voluntarily elect to be on layoff. Seniority shall be considered for placement the determining but not sole factor in the Agency’s determination of who shall be permitted to another job for take a voluntary layoff. Thereafter, further layoff, if any, shall proceed in accordance with Article 5.2. An employee on layoff shall be entitled to severance pay pursuant to Article 9.5 and to claim unemployment compensation without contest from the Agency. 5.2 An employee who is displaced by a lay-off as set forth in Section 5.1 herein shall be permitted to displace (bump) the junior employee in a classification which the employee held within the previous five (5) years provided that (i) an employee shall be permitted two (2) such bumps during the term of this Agreement and (ii) the Agency deems the employee qualified for the position. The employee who bumps into the classification shall receive the pay rate for such classification as set forth in paragraph 13.4 of this Agreement, plus the dollar amount equal to the dollar amount by which the employee’s actual salary immediately prior to the layoff exceeded the rate as set forth in paragraph 13.4 for the classification in which the employee then worked. 5.3 In the event of a lay-off subject to Section 5.1, Agency shall provide Union with at least ten (10) calendar days notice of such lay-off, with a good faith estimate of the number of positions affected. 5.4 An involuntarily laid-off employee shall have recall rights to his classification for a period of six (6) months or for the employee’s length of employment, whichever is qualified to perform efficiently within a reasonable training period in the less. The order of recall shall be based on the following successive steps: 2.1 on vacancies in same factors as the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than layoff. Upon recall, if the employee to be displaced. If declines the job offered by the Agency, the employee is not thus placed, then 2.3 in entitled to severance pay under Article 9.5. At the next lower classification and in end of the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss aforesaid period of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification months or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in for the employee’s job titlelength of service, whichever is less, if the employee may choose has not been recalled, he shall be entitled to enter another job classification for which he/she is qualified to perform. In accordance with severance pay under Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 49.5. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When a Section 1 The Employer may, for reasons of economy, for more efficient administration or for lack of work exists sufficient appropriation of funds, abolish positions in a department and it becomes necessary to reduce the work force, employees lay off employees. The following procedure shall be selected as surplus followed in any such case: A. Temporary employees in the inverse affected job classification shall be laid off first. B. Employee's in the affected job classification shall be laid off next, in order of their Local 517M seniority, the person with the least seniority from being laid off first, and the person with the greatest seniority being laid off last. Provided that any employee who is laid off or who occupies an abolished position and who has longer City seniority than another employee within the bargaining unit who has an equal or lesser classification and (pay-wise), shall be considered entitled to the position in the equal or lesser classification held by such other employee who has less total City seniority. All employees bumping to an equal or lesser classification (pay-wise) shall be on probation for placement to another job for which a period of six (6) months, with written evaluations every sixty (60) days. If the employer determines at the end of such probationary period that the employee is qualified does not have the ability to perform efficiently do said job, that decision shall not be subject to the grievance process. In like manner, and under the same conditions, any employee displaced from his/her position by an employee having greater total City seniority may displace any other employee represented by the bargaining unit with lesser total seniority. In the event that an employee later loses a position to which he/she was promoted, because of layoffs or cut backs, he/she will be entitled to bump to a lower classification, but without fear that this move will place him/her on the lower tier paywise for an entry level position. Employees promoted will be given the full six months to prove their ability within a reasonable training period in the order classification. Employees shall not bump laterally to any of the following successive steps:Classifications: Water Serviceworker Water Maintenanceworker II Sewer Maintenanceworker II Parks Maintenanceworker II Automotive Mechanic Building Maintenanceworker I Building Maintenanceworker II Communications Maintenance Technician Electrician Garage Serviceworker Traffic Serviceworker I Traffic Serviceworker II Equipment Operator II Stock Clerk Building Custodian II Painting Machine Operator Public Service Facility Custodian Equipment Repairworker Sign Technician 2.1 on vacancies Section 2 In the event of multiple lay-offs or position abolishment in a department, total city seniority shall be followed in allowing the employees involved to exercise the seniority privileges detailed herein, and the employee shall make an immediate selection. Any employee exercising such privileges shall be credited in his/her new job classification with the seniority in the employee's classification that such employee had in his/her old job classification,. In every instance in which an employee loses his/her job classification either by lay-off or position abolishment, he/she shall retain the right to occupy such job classification in case it later should become available, and shall also retain seniority in such job classification. If such employee is recalled to the job classification from which he/she was released, either through lay-off or position abolishment, he/she shall then return to such job classification or forfeit his/her seniority therein and his/her right to return to such job classification. 2.2 displace Section 3 Where two or more persons have the same seniority date, relative seniority shall be determined in favor of the person having the greatest seniority in the employee's classification another affected classification. A. It is hereby agreed and understood that, except as set forth in (B) below, any "bumping" which may occur shall be confined entirely to within the bargaining unit, and there shall be no "bumping" allowed from outside the bargaining unit to positions within the bargaining unit or from positions within the bargaining unit to positions outside the bargaining unit. B. Any employee who has previously held seniority in the shortest bargaining unit covered by this Agreement and who has been transferred or promoted outside of the unit may, at time of lay-off or position, bump to truck driver, which is the lowest existing classification, assuming the availability of that position. Section 5 In the event that any employee is removed from City employment as a result of lay-off or position abolishment, his/her name shall be placed upon the re-employment list, and he/she shall be eligible for future re-employment. The name of such person shall remain on the re-employment list for twenty-four (24) consecutive months or his/her length of service with the City up to sixty (60) months, whichever is greater. Section 6 The Employer will give the Union at least fourteen (14) days notice in writing of any proposed lay-off. Section 7 Should any conflicts exist between Ordinance No. 314 (Civil Service Ordinance) and this Article of the Collective Bargaining Agreement, the Language of the Collective Bargaining Agreement shall prevail. Section 8 The Employer shall provide unemployment compensation in accordance with the applicable statutes of the State of Michigan. Section 9 When the working force is increased after a lay off, employees will be recalled on the basis of their seniority and further provided that within the surplus employee has more seniority than classification. Notice of recall shall be sent to the employee to be displacedat his/her last known address by registered mail or certified mail. If the employee is not thus placedfails to report for work within fourteen (14) days from the date of mailing the notice of recall, then 2.3 in the next lower classification and in the same manner in successively lower classificationshe/she shall be considered to have quit. 2.4 A surplus employee who cannot be placed in accordance with the above Section 10 Union officials (executive board members, stewards and alternate stewards) shall be laid off. However, employees subjected to layoff shall not suffer any loss have super- seniority for purposes of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid lay-off. 2.5.1 “Must hire” process a. In Section 11 The City agrees that pursuant to the event that insufficient appropriated funding to work locations within the District results terms of Article 48, a No Layoff Clause shall be in place for any employee in the displacement of bargaining unit employeesas of July 1, 2006. Individuals hired on or after July 1, 2006 will not be covered by this provision. Section 12 The City agrees that pursuant to the District will assign employees as “must hires.” b. Employees terms of Article 48, there will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.less than 53 full time

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When (a) In all cases of lay-off, for one day or more because of lack of work, or in the event that the Company no longer requires a position to be filled in excess of 30 days, senior employees will be entitled to bump junior employees, this includes the right to bump up, provided that the senior employee has the skill, ability and qualifications to satisfactorily perform the available work. At the time that it is determined that a position no longer requires filling, the employer shall so inform the affected employee which shall begin the above mentioned bumping provisions. This shall be done in an effort to have the employee's placement determined as quickly as possible. (b) In all cases of lay-off of less than one day, the bumping provisions of article 8.01 (a) will not apply and seniority will apply as follows: Where there is lack of work exists and it becomes necessary for individual positions, lines, work groups or departments herein after referred to reduce the work forceas "affected group", employees shall working in that affected group will be assigned by seniority to a position selected as surplus in by the inverse order of their seniority from the classification Company and shall be considered for placement to another job for which the held by a less senior employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District general labour classification. The Company will assign employees as “must hiresin a way that will result in the most junior persons in the general labour classification being sent home provided that those remaining have the skill, ability and qualifications to satisfactorily perform the available work. b. Employees 8.02 For all lay-offs of one working day or more, employees to be laid-off will be offered placement given five (5) working days notice (or pay in openings within their job title and classification nearest lieu of notice) or more unless such lay-off is caused by: (a) An act of God; (b) Labour Dispute; (c) Mechanical or equipment failure, and; (d) Interruption in supply of incoming raw materials. In cases of (d) above, the location from which they were displaced. Seniority Company will determine priority provide as much notice or pay in placement. The employee may choose an alternate vacancy in the event lieu of multiple vacancies. notice as reasonably possible. 8.03 A complete list of all job placements employees on notice of lay-off will be provided monthly supplied to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which a Union Representative. 8.04 The most senior xxxxxxx shall not be laid off providing that he/she is qualified has the skill, ability and qualifications to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, satisfactorily perform the employee may apply in accordance with Article 12, paragraph 4available work. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. When (a) In the event of a lack of work exists and it becomes necessary to reduce lay-off, the work force, Hospital shall lay-off employees shall be selected as surplus in the inverse reverse order of their seniority from within their classification, providing that those employees who remain on the job have the qualifications and ability to perform the work. (b) A full-time employee who is subject to lay-off shall have the right to either: (i) Accept the lay-off and be placed on a recall list for the period in accordance with 11.02 (g), or (ii) Displace a full-time employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification and shall be considered for placement to another job for which in the bargaining unit, provided the employee subject to lay-off is qualified to perform efficiently within a reasonable training period in the order duties of the following successive steps: 2.1 on vacancies in lower or identical classification. Such employee so displaced shall have the employee's classification, 2.2 displace in same rights to the employee's classification another provisions above. An employee who has the shortest seniority and further provided that right to displace another employee shall have the surplus employee has more seniority than the employee right to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classificationstraining period as would typically be accorded to a new employee. Such training period may commence prior to the anticipated displacement. 2.4 (iii) In the event that no full-time job is available, a full-time employee may displace a part-time employee on the same basis in (b) above. (c) A surplus part-time employee who cannot is subject to lay-off shall have the right to either: (i) accept the lay-off, and be placed on a recall list for the period in accordance with 11.02 (g), or (ii) displace a part-time employee who has lesser bargaining unit seniority and is the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniorityleast senior part-time employee in a lower or identical paying classification in the bargaining unit, provided the employee returns subject to work within lay-off is qualified to perform the duties of the lower or identical classification. Such employee so displaced shall have the same rights to the provisions above. An employee who has the right to displace another employee shall have the right to the same training period as would typically be accorded to a six (6) month periodnew employee. Such training period may commence prior to the anticipated displacement. 2.5 (iii) A surplus part-time employee may elect will not be entitled to fill displace a vacancy full-time employee. (d) An employee who displaces an employee in a lower paying classification or will be laid offplaced on the salary grid of the lower classification consistent with the level he would have achieved in the lower classification based on his service and experience with the Hospital. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees(e) Employees, the District will assign employees as “must hireswhile on lay-off, shall not accrue vacation pay.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. When 23.01 The Employer shall notify employees who are to be laid off ten (10) working days prior to the effective date of lay-off, or award pay in lieu thereof, unless a lack greater period of work exists notice is required by legislation, in which case such greater period of notice, or pay in lieu thereof, shall be given. 23.02 The Employer agrees that it will discuss the scheduled lay-off with the employees concerned and it becomes necessary the Union as per above prior to reduce its implementation. 23.03 In the work forceevent of a lay-off, senior employees shall be selected as surplus entitled to preference over junior employees, provided that the senior employee has the skill, ability and qualifications to perform the available work. Seniority rights shall not be exercised however to displace an employee in a higher rated classification. It is agreed that probationary and temporary employees will be laid off first. 23.04 An employee who is subject to lay off may displace an employee who has lesser bargaining unit seniority in a lower or identical paying classification in the inverse order bargaining unit if the employee originally subject to lay-off has the necessary skill, ability and qualification to perform the work with a ten (10) day orientation period. 23.05 In determining the ability of an employee to perform the work for the purposes of paragraph 23.03 and 23.04 above, the Employer shall not act in bad faith. 23.06 No new employee shall be hired until laid off employees have been given an opportunity to return to work and have failed to notify the Employer of their seniority from intention to do so. 23.07 It is the classification sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within five (5) 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 considered for placement deemed to another job for have been received on the second day following the date of mailing, and to return to work within ten (10) working days after being notified. The notification shall state day and time at which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placementreport for work. The employee may choose an alternate vacancy in is solely responsible for his proper address being on record with the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4Employer. c. When 23.08 A laid off employee shall retain the District declares rights of recall for a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, period of twelve (12) months from the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4date of lay off. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. When (a) In the event of a lack of work exists and it becomes necessary to reduce general reduction in crew, the work force, employees affected shall be selected as surplus laid-off in the inverse order of his/her seniority (ability considered). (b) Regular employees who are to be laid-off shall have bumping rights in accordance with their seniority, provided they have sufficient ability to perform the job as described in the job description. (i) Bumping rights shall include the right to bump to equal or lesser classifications. In the case of outside workers, the right to bump up to, but not higher than Class 11. In the case of inside workers, the right to bump up to, but not higher than Class 8, unless they have been trained or had backup responsibilities for the higher rated job to which they wish to bump. (ii) Within three (3) working days of receiving their layoff notice, laid of employees shall notify the City in writing of the position(s) into which they are seeking to bump on the basis of their seniority from and ability. Within three (3) working days of receiving this bumping request, the classification City shall advise the laid off employee which of his/her selected positions, if any, it is prepared to accept for bumping purposes. (iii) Employees who bump into a full-time position shall serve a trial period of not less than fourteen (14) calendar days and up to three (3) calendar months worked. The trial period for part-time employees shall be considered for placement not less than forty (40) cumulative straight time hours actually worked and up to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displacedtwo hundred forty (240) cumulative straight-time hours actually worked or three (3) calendar months worked, whichever occurs later. If the employee is found to be unsatisfactory during this trial period, he/she shall be laid-off and placed on the recall list. This trial period may be extended by mutual agreement of the parties. The above trial period does not thus placed, then 2.3 apply to those employees who bump into a different position when they have previously been paid at the standard rate when working in the next lower classification and in the same manner in successively lower classificationsthat position. 2.4 A surplus (iv) When there is no position into which a regular employee who cannot be placed having five (5) or more years of seniority can bump under subsections (b) and (i), the City will provide that employee with up to thirty (30) working days of training in accordance with the above provisions of this subsection (v). (v) The City shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided designate the position into which the employee returns is to work within a six (6) month period. 2.5 A surplus bump in order to receive training under this subsection and the training the employee may elect is to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displacedreceive. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements No training will be provided monthly to the Union. If there are no vacancies in the employee’s job title, under this subsection unless the employee may choose in question has the ability to enter another perform the basic functions of the applicable job classification for which prior to such training being received and there is a reasonable expectation that he/she is qualified will be able to performattain the required ability to perform the applicable job as described in the job description within the thirty (30) working day training period. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, If the employee may apply in question does not have the ability to perform the applicable job as described in the job description at the end of the (c) The City agrees that no new employees shall be hired until those laid-off have been given the opportunity for recall in accordance with the provisions of Article 12, paragraph 46.10. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant(d) For purposes of bumping only, the vacancy will City shall maintain three (3) Parks and Arena Caretaker II positions. Employees paid at the Parks and Arena Caretaker II rate, additional to this requisite number, may be filled bumped in accordance with Article 12this article, paragraphs 3 as if they were paid at the Parks and 4Arena Caretaker I rate. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

LAY-OFFS. When 11.01 For the purposes of this Article, a lay-off means a disruption of employment due to a lack of work exists or the discontinuance of a function at the child care centre, either on a temporary basis where the Employer intends to recall the employee within a reasonable period of time, or on a permanent basis where re-hire is not likely in the foreseeable future. 11.02 At least five clear working days notice of a temporary lay-off must be given to the employee, and it becomes necessary fifteen clear working days notice of a permanent lay-off. The notice must be in writing. In lieu of proper notice the Employer must pay the employee wages for the period for which notice should have been given. 11.03 Employees on lay-off status will not receive the benefits of this agreement with the exception of their rights under this Article, including the right to reduce the work forcegrieve any violation of this Article. 11.04 Subject to Clause 11.05, employees shall will be selected as surplus laid off in the inverse reverse order of their seniority, provided that the remaining jobs continue to be filled with qualified employees. 11.05 Lay-offs may be based on criteria other than seniority from where: (a) The Union consents to the classification and shall particular lay-off, or (b) The Labour Management Relations Committee referred to in Article 45 has unanimously adopted a different system for determining the order of lay-offs for that centre. 11.06 Subject to 11.07, an employee who is subject to a lay-off may displace any employee who is lower on the bumping list, which list will be considered developed by the Labour Management Relations Committee. 11.07 The Labour Management Relations Committee may adopt its own criteria for placement to another job bumping, which criteria will prevail over Clause 11.06 for which the employee centre, provided the criteria is qualified to perform efficiently within a reasonable training period adopted unanimously by representatives of the Labour Management Relations Committee. 11.08 Employees must be recalled in the order of their seniority, provided they meet the following successive stepsqualifications for the job, or can do so within a reasonable time, unless: 2.1 on vacancies (a) The Union otherwise consents, or (b) The Labour Management Relations Committee has unanimously adopted a different system of recall for laid off employees for the centre. 11.09 No new employees may be hired until those laid off have been given a reasonable opportunity of recall in accordance with Clause 11.06 or 11.07 as the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displacedcase may be. If the employee turns down the opportunity to be recalled as of a certain date, the employee is not thus placeddeemed to be terminated, then 2.3 in unless the next lower classification employee asks to continue on lay-off status, and in has reasonable cause for rejecting the same manner in successively lower classificationsopportunity of recall. 2.4 A surplus 11.10 Holiday pay may be paid out to the employee who cannot be placed prior to the lay-off, during the period of lay-off, or after the resumption of employment in accordance with the above shall be laid off. Howeveremployee’s wishes, employees subjected subject to layoff shall not suffer any loss of seniority, provided statutory restrictions on the employee returns to work within a six (6) month periodEmployer. 2.5 11.11 A surplus employee may elect person who is not recalled within one year of being laid off is deemed to fill a vacancy in a lower classification or be laid offterminated. 2.5.1 “Must hire” process a. 11.12 In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employeesa lay-off becomes necessary, the District Employer will assign notify the Union and will consult with the Union about the application of this Article to the lay-off, and any further terms of the lay- off that may be reasonable given the circumstances. 11.13 In addition to the provisions of Article 21, Severance Bonus, employees as “must hires.” b. Employees will be offered placement given notice of layoff or pay in openings within their job title and classification nearest lieu of notice as follows: Length of Service Notice After 6 months One week After 1 year Three weeks After 3 years Four weeks After 4 years Five weeks After 5 years/10,000 hours Eight weeks or the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly bonus pursuant to the Union. If there are no vacancies in the employee’s job titleArticle 21.04, the employee may choose to enter another job classification for which he/she whichever is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4greater. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. When a lack 20.1 The Company shall advise the Union of work exists and it becomes necessary any planned lay-off prior to reduce the work force, any notice of layoff being provided to employees pursuant to Article 20. 3.1. Such notice shall be selected given as surplus soon as is reasonably practicable. Such notice shall include the names and position of any affected employees and the expected date of layoff. The Company agrees to meet with the Union within 48 hours after notice from the Union that it wishes to meet to discuss the planned lay-off provided such notice from the Union shall be given within 48 hours after receiving the notice of the planned lay-off from the Company. The final determination as to what jobs are to be abolished and the number of employees to be laid off shall be made by the Company. 20.1.1 Where employees are to be laid off, such layoffs shall proceed in the inverse order of their seniority from Company seniority, provided that no employee is to be displaced by a more senior employee unless the classification and shall be considered for placement to another latter possesses the occupational qualifications as set by the Company of the job for which filled by the employee is qualified with less seniority. An employee about to perform efficiently within a reasonable training period be laid off from one position who possesses the occupational qualifications set by the Company in another position may apply their company seniority and revert to such other position. 20.1.2 Notwithstanding the provisions in Article 20.1.1 above, where employees in Salary Group 15 are to be laid off, the Company shall have the sole discretion to determine the order of such lay-offs on the following successive steps:basis of the qualifications, skill, ability, creativity and performance of such employees. An employee who is laid off from Group 15 shall retain the right to displace a less senior employee within any other Salary Group provided the more senior employee possesses the occupational qualifications as set by the Company for the job held by the employee with less seniority. Where the senior employee does not possess such occupational qualifications, the pay provisions of Articles 20.3.1 and 20.3.2 will apply. 2.1 20.1.3 An employee reverting to another position shall be placed on vacancies the wage scale of the other position but shall have their same salary maintained as in the employee's classification, 2.2 displace previous position they held, and thereafter, shall continue to progress up the wage scale in the employee's classification another position to which they reverted, in accordance with their new seniority, on the annual anniversary of the reversion to the other position. The employee shall also be entitled to receive any general wage increases except where an employee reverts to a position in a lower paying salary level, in which case, the affected employee shall not receive general wage increases until their current rate aligns with the new scale. 20.1.4 Full time employees affected by lay-off shall have the right to replace part-time employees provided they have the occupational qualifications as set by the Company for such part-time positions. 20.2 It shall be the intention of the Company to give full consideration for the job vacancies within the Company to those employees who has are to be laid off or are part time employees seeking full time status, or a full time employee that may be having their full time status reduced to part time status. Employee must apply for the shortest seniority and further provided that the surplus employee has more seniority than the position as per internal application requirement. 20.3.1 An employee to be displaced. If the employee is not thus placed, then 2.3 laid off shall be entitled to notice or pay in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed lieu of notice in accordance with the above following schedule: 20.3.2 In addition to notice or pay in lieu of notice, an employee to be laid off shall be laid offentitled to severance pay in an amount equal to three (3) weeks’ pay for each full year of service to a maximum of sixty-eight (68) weeks’ pay. HoweverIn addition, employees subjected employee benefits shall be extended to layoff shall not suffer any loss a maximum of seniority, provided the employee returns to work within a six (6) month months during any layoff period. 2.5 A surplus employee may elect to fill . Employees selected for a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding temporary assignment to work locations within on a child care leave and leaves of absence or maternity leaves or for a specific period of time shall be considered to have received notice at the District results time of hiring. Notwithstanding the foregoing the Company may terminate the contract under this clause by giving two (2) weeks’ notice or two (2) weeks’ pay in the displacement lieu of bargaining unit employees, the District will assign employees as “must hiresnotice.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.

Appears in 1 contract

Samples: Collective Agreement

LAY-OFFS. When 23.1 The Company will consult with the Local Union executive with respect to any planned lay-off prior to any final decision being made, and prior to any discussions with those employees that may be affected. At this meeting the Company shall supply in writing a lack complete seniority list, names and classifications, of work exists those affected and it becomes necessary the reason for lay-off. It is understood that this consultation will be deemed strictly confidential and as such, the proceedings will not be disclosed to reduce any other individual, prior to the work force, employees Company notifing the individual employee(s). Notice of such meeting shall be selected as surplus a minimum of forty-eight (48) hours. When lay-offs are to be made, such 23.1.1 Notwithstanding the foregoing, a more senior employee in a job classification may offer to be laid off in the inverse order place of their seniority a more junior employee. If the offer is accepted by the company, the more senior employee will waive his bumping rights and will receive the severance provided for in Article 23.3.1. 23.2 Any employee about to be laid off from the classification and shall be considered for placement to another one job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee function who has the shortest necessary qualifications set by the Company for another job function may apply his Company seniority and further provided that revert to such other function. Such qualifications shall be set in a bona fide manner. No employee is to be displaced by a more senior employee unless the surplus employee has more seniority than latter possesses the occupational qualifications of the job filled by the employee with less seniority. Notwithstanding, employees may not exercise bumping rights to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower anchor classifications. 2.4 A surplus 23.2.1 Employees who bump into a different classification shall retain recall rights, for up to one year, as per Article 24, to their former classification. 23.2.2 In the event an employee who canreverts to a lower wage group, he/she shall continue to receive his/her higher salary for up to 3 months at which point the employeeʼs salary shall be reduced to an amount equal to the closest equivalent rate in the lower wage group not be placed in excess of his previous rate, and then such employee will precede on the scale in accordance with the above Article 31. 23.2.3 Employees who bump into a higher job group shall be laid offpaid at a rate within the new group closest to, but greater than, their rate of pay prior to the bump. 23.2.4 Employees must declare their intent to bump within fourteen (14) calendar days of receiving lay off notice. However, employees subjected to layoff An employee so bumped shall not suffer any loss of seniority, provided the employee returns to work within a receive six (6) month weeks notice. However, should a bumping opportunity arise during the notice period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In , that was not available at the event that insufficient appropriated funding to work locations within the District results in the displacement time of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job titledeclaration, the employee may choose shall have his/her right to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined bump provided that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.the

Appears in 1 contract

Samples: Collective Agreement

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