Common use of Layoff and Recall Procedure Clause in Contracts

Layoff and Recall Procedure. a. In the event that a bargaining unit member's position is eliminated or reduced, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Layoff and Recall Procedure. a. In 14.01 Whenever it becomes necessary to reduce the event number of Employees in a job classification due to the abolition of a position, lack of funds or lack or work, probationary Employees in that job classification shall be laid off first. Layoff of Employees shall be made in the inverse order of seniority. 14.02 Within a bargaining unit member's position is eliminated or reducedjob classification, or the bargaining unit member is bumped, said bargaining unit member Employee with the lowest seniority in that job classification affected shall be the first laid off. If further lay-offs are necessary the same procedure shall continue to be used. 14.03 An Employee laid off under Section 14.02 shall have the right to bump an Employee in transportation, custodial, maintenance or bus mechanic on the bargaining unit member with the least basis of system seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member such Employee is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in other job classification. In cases of job abolishment, employees may bump within their classification. Bumped employees (regardless of the classification reason for which the employee is qualified and for which she is more senior, said bargaining unit member initial reduction) shall have the right same option. 14.04 A laid off Employee will be eligible for recall from their last known home address and phone number on file. It shall be the responsibility of each Employee to bump keep the bargaining unit member with lower seniority among those bargaining unit members whose number District informed of work hours in the classification most closely aligns with his/her original hours; provided that said bargaining unit member is qualified current address and phone number. 14.05 An Employee on layoff shall maintain their recall rights for the position. The bargaining unit member shall have no more than a period of two (2) work days after receipt years from the date of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicablelayoff. c. When a vacancy occurs14.06 In refilling vacancies caused by such layoffs, bargaining unit members in the classification who are on layoff Employees shall be recalled in the following order:reverse order of layoff. 14.07 Notice of recall to laid off Employee shall be sent by receipted written correspondence to the Employee’s last known home address and phone number as listed with the District. The Employee shall have five (15) Laid off bargaining unit members in the classification working days after receipt of the vacancy in notice to notify the order Superintendent of most seniority first; his/her intention to return to work and five (25) Laid off bargaining unit members not in the classification more working days to return to work. Receipt of the vacancy recall notice means the date of the receipted delivery. If the Employee has moved and did not provide the District with a forwarding address and phone number, the attempted date of delivery of the notice will be the receipt of notice. 14.08 If the Employee does not return to work within the time limits in Section 14.07, their name will be removed from the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee layoff list and they will be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit positionconsidered as resigning their employment.

Appears in 3 contracts

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

Layoff and Recall Procedure. a. In the event that a bargaining unit member's an employee’s position is eliminated or reducedeliminated, or the bargaining unit member employee is bumped, said bargaining unit member employee shall have the right to bump either (1) the employee with the least seniority among those employees with equal or more scheduled work hours, or (2) the employee with the least seniority among those employees with less scheduled work hours; provided said employee is qualified for the position. In the event that an employee’s scheduled work hours are reduced by more than two and one-half (2-1/2) hours or more a week, said employee shall have the right to bump the bargaining unit member employee with the least seniority among those bargaining unit members employees with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member employee is qualified for the position. The bargaining unit member employee shall have no more than two seven (27) work calendar days after receipt of his/her layoff notice or schedule layoff/reduction of hours notice to notify the Board in writing of her intention to exercise his/her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification employees who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member vacancy isn’t filled by another employee that has applied for the vacancy and provided that the employee is qualified for the job; (3) In no case . Notice of a recall shall a new be sent to the employee at the last known address by registered or certified mail. Notice shall be hired given by the employee of his or her intent to return to work within three work days of receipt. If an employee fails to report for work within five working days of the scheduled date to return to work, he/she shall be considered a quit. Employees on layoff shall not be required to accept recall to a position with less work hours scheduled compared to the position they were laid off from, and such refusal shall not affect their recall rights. The Board while there are laidshall mail notices of vacancies that arise in non-off certified positions to the President of the bargaining unit when unit members who are qualified for a vacant or newly-created bargaining unit positionon layoff.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Layoff and Recall Procedure. a. In (A) Layoff Procedure (1) When the event that BOARD deems it necessary to reduce the working force it shall first inquire as to whether there are any employees within the affected classification(s) willing to take a bargaining unit member's position is eliminated voluntary layoff. If there are such employees, they shall be laid off first. During the period of layoff the employees shall not be entitled to any wages or reducedfringe benefits but shall retain seniority rights and sick leave previously accumulated. Seniority shall not continue to accrue while on layoff status. (2) With the exception of the following positions AP/Bookkeeper and all building principal secretaries, or layoffs shall be accomplished according to the bargaining unit member is bumped, said bargaining unit member shall have following procedure. Any layoffs made will be accomplished by the right to bump the bargaining unit member lowest seniority. The employee(s) with the least amount of seniority among those bargaining unit members with equal within the designed classification(s) will be laid off until the classifications are reduced to a number determined by the BOARD. During the period of layoff, the employees shall not be entitled to any wages or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the positionfringe benefits, but shall retain seniority rights and sick leave time previously accumulated. b. Only if no position is available with equal or more scheduled work hours in the classification for which the (3) Any employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to may exercise her right to bump within two workdays under this articlethe lowest seniority employee in an unprotected position (Article IV, Section 9. Subsection (A (2)). If such employee does not meet the applicable qualifications for such position, the BOARD may require such employee to undergo training to improve her skills so that she will meet the required qualifications. (4) The BOARD shall give written notice of such voluntary or involuntary layoff at least seven (7) calendar days prior to the effective date of the layoff and a list of names of such employee(s) shall be laid off. If furnished to the employee exercises her right FEDERATION President on the same date the notice is given to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicableemployee(s). c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 3 contracts

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

Layoff and Recall Procedure. A. It is hereby specifically recognized that it is within the sole discretion of the Board to reduce its educational program, curriculum and staff and that the procedures set forth in this Article shall be used in laying off personnel. B. In order to promote an orderly reduction in personnel when the educational program, curriculum and staff is curtailed, the following procedure will be used: 1. Probationary bargaining unit members shall be laid off first except that a probationary bargaining unit member shall not be laid off unless there is a tenured bargaining unit member who is certified and qualified to perform the duties of the position the probationary bargaining unit member is vacating, or unless the position that the probationary bargaining unit member is vacating is being eliminated altogether. 2. If the reduction of bargaining unit personnel is still necessary, then tenured bargaining unit members shall be laid off on the basis of seniority, except that the less senior bargaining unit member shall not be laid off unless there is a more senior tenured bargaining unit member available for assignment who is certified and qualified to perform the duties of the position the less senior tenured bargaining unit member is vacating or unless the position that the less senior tenured bargaining unit member is vacating is being eliminated altogether. 3. For purposes of this Article, certified and qualified shall be defined as follows: a. In the event that a bargaining unit member's position is eliminated or reducedorder to be considered certified, or the bargaining unit member is bumpedmust hold a current certificate from the State of Michigan authorizing that individual to teach in the particular position the employee has requested. b. In order to be considered qualified to be placed in a particular position, said bargaining unit member shall have the right to bump the bargaining unit member with must be able to effectively teach that position as demonstrated by any of the least seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following orderfollowing: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority firstMajors; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the jobMinors; (3) In no case shall Experience in a new employee particular teaching subject area or discipline; (4) Elementary certification meets the qualification of teaching all grades K-6 except programs requiring specialized training Also, the bargaining unit member must be hired "highly qualified" as defined by the Board while there Michigan Department of Education where applicable to the position. C. The recall of teachers shall be in the inverse order of layoff, (i.e., those laid off last will be recalled first) to the next available vacancy that occurs, provided, however, that a teacher in order to be recalled shall be certified and qualified as herein set forth to hold the specific position to which the teacher is being assigned. Certified and qualified teachers shall be recalled before outside applicants are laid-off bargaining unit members hired, according to their position on the seniority list. Changes in a teacher's certification or qualifications following notification of layoff shall not enable the teacher to be recalled to a position assigned to a teacher who are qualified has not been laid off. Teachers will be eligible for recall for a vacant or newly-created bargaining unit positionperiod of five (5) years from the effective date of layoff. D. The individual contract, where applicable, executed between each teacher and the Board, is subject to the terms and conditions of this Agreement. It is specifically agreed that this Article takes precedence over and governs the individual contract, and the individual contract is expressly conditioned upon this Article.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Layoff and Recall Procedure. a. In the event that (a) If there is a bargaining unit member's position is eliminated or reduced, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours reduction in the classification; provided that said bargaining unit member is qualified working force for the position.a definite period of time of a known duration, employees will be laid off by seniority as follows: b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2i) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall Probationary employees will be laid off. (ii) Employees with less than one (1) year of seniority will be laid off, according to seniority. (iii) Employees with one (1) year or more of seniority may, if they so elect, be laid off in the inverse or descending order of their seniority with the most senior employee being laid off first. Employees will be advised of the expected duration of the layoff and their expected return date. (iv) If the employee exercises her right expected duration of the layoff herein is subsequently extended to bump under this articlea later but definite date, employees laid off pursuant to (iii) above, will be afforded the Board shall notify option of returning to work on the bargaining unit member within two (2) workdays date originally scheduled to verify the effective starting date return or remaining on layoff for the position, duration of the extended period. An employee who elects to return on the originally scheduled return date will displace the least senior employee on the employee's classification and follow up said notification in writing as soon as practicableshift. c. When a vacancy occurs(v) If it becomes necessary to recall employees laid off under Subsection (a)(iii) prior to the date originally planned, bargaining unit members in the classification who are on layoff shall they will be recalled in the following order:ascending order of their seniority with the most junior employee on the affected shift and classification being recalled first. (1vi) Laid If, after employees are laid off bargaining unit members under Subsection (a)(iii), it is determined that the layoff will be extended for an indefinite period of time, the work force will be adjusted within seven (7) calendar days in accordance with Subsection (b). (vii) If the classification duration of the vacancy in the order of most seniority first; layoff pursuant to Subsection (2a) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.expected to exceed fourteen

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall Procedure. a. In the event that a bargaining unit member's position is eliminated or reduced, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-laid- off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Layoff and Recall Procedure. a. (a) In the case of layoffs due to a reduction in the workforce expected to last in excess of thirteen (13) weeks, notification will be given according to the Employment Standards Act. (b) For layoffs of less than thirteen (13) weeks the Union and those employees affected will receive five (5) working days' notice. (c) In the event of layoff, the Employer shall layoff employees within their classification from the part-time or full-time seniority list. (d) For the purposes of layoff, full-time and part-time seniority lists are deemed to be separate except as may be amended below. (a) An employee who is subject to layoff shall have the right to either: i) Accept the layoff; or opt to retire if eligible under the terms of OMERS; or ii) Displace an employee who has lesser bargaining unit seniority, and is of the same status (full-time or part-time) in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff is qualified for and can perform the duties of the identical or lower paying classification without training other than orientation. Such employee so displaced shall be laid off and may bump an employee who is of the same status (full-time or part-time), and who is a less senior employee in a lower or identical paying classification in the bargaining unit, if the employee originally subject to layoff is qualified for and can perform the duties of the lower or identical paying classification without training other than orientation. Such employee so displaced shall be laid off. iii) Where there are no employees with less seniority in lower or identical paying classifications, a laid off employee will have the right to displace an employee with less seniority in another higher paying classification provided they are qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off and subject to the language in (c) ii) paragraph 2. iv) Where a full-time employee cannot bump another full-time employee in accordance with the above, they can displace a part-time employee in an equal or lower paying classification who is less senior provided they are qualified for and can perform the duties of the classification without training other than orientation. Such part-time employee so displaced shall be laid off and shall be entitled to the rights as set out in (ii) above. A part time employee who cannot bump another part-time employee shall likewise have the right to displace a less senior full time employee provided they are qualified for and can perform the duties of the classification without training other than orientation. Such full-time employee so displaced shall be laid off and shall be entitled to the rights set out in (ii) above. v) The decision of the employee to choose (i), (ii), (iii) of the above shall be given in writing to Human Resources within seven (7) calendar days following the notification of layoff. Employee failing to do so will be deemed to have accepted the layoff. Any other employee subsequently bumped must exercise their bumping rights within three (3) days of their being bumped. 12.03 Orientation is defined as an opportunity for the Employer to advise the bumping employee of any particular requirements, procedures or aspects of the job and for the bumping employee to become familiar with the job processes and requirements. It is not a training period. (a) An employee shall be recalled from a layoff to an available opening, in order of seniority, provided they have the qualifications and ability to perform the work without training other than orientation. For clarity, in all matters of posting (permanent or temporary positions) the position(s) will be posted first. Applicants currently working, as well as those on layoff, will be considered in accordance with the job posting procedure, Article 11. A laid off employee shall retain the rights of recall for a period of twelve (12) months from the date of layoff. (b) In determining the ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. 12.05 In the event that a bargaining unit member's position is eliminated or reducedlayoff commenced on the day immediately following a paid holiday, or an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced. 12.06 Should a vacancy become available during the recall period, the Employer shall post the vacancy in order for members of the bargaining unit member is bumped, said bargaining unit member shall to apply for the vacancy. The subsequent vacancy will then be offered to members on layoff providing they have the right ability and qualifications as required to bump perform the bargaining unit member work. No new employees shall be hired until all those laid off have been recalled to work and have failed to do so, in accordance with the least loss of seniority among those bargaining unit members with equal provision, or more scheduled have been found unable to perform the work hours in the classification; provided that said bargaining unit member is qualified for the positionavailable. b. Only if no position 12.07 It is available the sole responsibility of the employee who has been laid off to notify the Employer of their intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by courier, addressed to the last address on record with equal or more scheduled the Employer (which notification shall be deemed to have been received on the second date of mailing) and return to work hours in within ten (10) working days after being notified. The notification shall state the classification for job to which the employee is qualified eligible to be recalled and the date and time at which the employee shall report for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the positionwork. The bargaining unit member employee is solely responsible for their proper address being on record with the Employer. 12.08 When a laid off employee bids for and is successful in obtaining a posted permanent position, they shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicablefurther recall rights. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall Procedure. a. In A. By September 30 annually, a seniority list shall be prepared as follows: 1. Teachers shall be placed on the event seniority list by their "date of employment" which shall be defined as the teacher's first workday within the school calendar for that year. Seniority shall be defined as years or fractions of years of in-district service, which are uninterrupted by resignation or discharge. 2. Accrued seniority shall be lost when employment is severed by resignation, retirement, and discharge for just cause; however, any teacher(s) transferring to a non-bargaining unit member's position is eliminated or reduced, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with the least may retain teacher seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number a period of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no not more than two (2) work years. Seniority is retained if severance of employment is due to layoff. In cases of layoff, teachers so affected shall retain all seniority that has been accumulated as of the effective date of layoff, but shall not accrue seniority during periods of layoff. 3. Accrual of seniority while on unpaid leave status shall be governed by the provisions of Article X of this Agreement. Seniority shall accrue while a teacher is on paid leave status. B. In the circumstance of more than one teacher having the same "date of employment," all individuals so affected will, prior to September 30, participate in a drawing, by lot, to determine position on the seniority list. The Association will notify the Board and employees so affected in writing of the date, place, and time of the drawing. The drawing shall be conducted by the Association openly and at a time and place designated by the Association President which will reasonably allow affected employees (or their written designee), the Association President, and Board of Education representatives to be in attendance. The Association will promptly give written results of the drawing, indicating seniority list placement, to the Superintendent. C. The seniority list and any subsequent revision and updates shall be made available to the Association each school year. The Association shall have fifteen (15) school days after from receipt of her layoff notice the seniority list to raise any claimed error or schedule reduction notice discrepancy. Otherwise, the list prepared by the Board shall be considered conclusive. A laid off teacher who refuses an offer of a position for which he/she is certified and qualified, from the Board, shall be cause for termination. Furthermore, failure to respond to a written offer by the Board within ten (10) days, via certified letter, shall be cause for termination. Notification of a recall shall be in writing with a copy to the Association. The notification shall be sent by certified mail to the teacher's last known address. It shall be the responsibility of each teacher to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bumpa change of address. If the employee fails to exercise her right to bump within two workdays under this article, she Recalled teachers shall be laid off. If entitled to all sickness and leave benefits accumulated prior to the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicablelayoff. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. ‌ (a) In the event that of layoff resulting from a bargaining unit member's position decrease in the amount of work to be done in any given geographic region, shortage of funds or a reorganization, provided the retained employee is eliminated qualified to perform the duties related to the job, the following shall apply: (1) Short-term" employees shall be laid off, in reverse order of seniority, prior to regular employees; (2) Regular part-time employees shall be laid off prior to regular employees in reverse order of seniority; (3) Regular employees shall be laid off in reverse order of seniority. (4) In the event of a layoff of employees with three (3) or reducedmore years of seniority, or the bargaining unit member is bumped, said bargaining unit member following shall apply: (i) Employees shall have the right to bump displace employees who have less seniority within the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours in the same geographical region and same job title and classification; provided that said bargaining unit member is qualified or (ii) Displace a less senior regular or short-term employee within the same or lower classification within the same geographic region subject to being able to perform the job after a period of familiarization. The familiarization period shall be subject to the provisions of Article 7.7 of the Collective Agreement; or (iii) The provisions of Article 25 shall apply upon exercising the right to displace the most senior short-term employee. A regular employee who chooses to displace the most senior short-term employee shall remain on a recall list for regular vacancies for a period of one year. In the event of a recall, all straight time hours worked as a short-term employee will be credited as regular seniority. (iv) For these employees exercising their rights pursuant to (i) above, they shall be deemed to have met the qualifications for the position. b. Only if no position is available with equal or more scheduled work hours in (b) A committee composed of a representative of the classification Union and a representative of the Commission shall be established. The Committee will identify vacancies within the bargaining unit for which the employee is employees maybe qualified and for which she could be filled during the period of notice. The location, classification or classification series of employees to be laid off or recalled, is more senior, said bargaining unit member subject to mutual agreement by the parties. (c) Employees shall be given an outline of the available options as soon as possible. Employees shall have the right to bump have a xxxxxxx or union representative present during any interview regarding the bargaining unit member above. (1) Within thirty (30) days of receipt of notice of layoff, or of refusing job offers in accordance with lower Section 18.1(b) and (c), a regular employee with less than three (3) years of seniority among those bargaining unit members whose number may elect to have his/her name placed on the recall list for one year or shall be deemed to have resigned and shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two service or major part thereof. (2) work A regular employee with three (3) or more years seniority, the following shall apply: Within thirty (30) days after of receipt of her layoff notice of layoff, or schedule reduction notice to notify the Board of refusing job offers in writing of her intention accordance with Section 18.1(b) and (c), or declining to exercise his/her right option pursuant to bumpSection 18.1(a)(4)(i) and (ii), and the specific position which she intends to bump. If the employee fails may elect to exercise her right to bump within two workdays under this article, she be placed on the recall list for one year or shall be laid offdeemed to have resigned with severance pay based upon years of service as follows: (i) For the first year of completed employment, three (3) weeks current salary; (ii) For the second year of completed employment, three (3) weeks current salary; (iii) For each completed year thereafter, one-half (½) months current salary. If the • The employee exercises her right will not receive an amount greater than six (6) months current salary, nor will an employee receive more severance pay than he/she would have received in salary had he/she remained employed from date of severance to bump under this article, the Board shall notify the bargaining unit member within two age sixty-five (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable65). c. When a vacancy occurs, bargaining unit members in the classification who are (1) Regular employees on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first;seniority. Employees on layoff shall keep the Commission informed of their current address and phone number for recall purposes. Should an employee change his/her address or phone number during the period of layoff, he/she shall inform the Commission of such change. (2) Laid Any employee who is laid off bargaining unit members not in and who fails to return to work within ten (10) working days notification to return to work shall be deemed to be terminated. An employee must respond to recall to a lower classification job, but may decline such and remain on the classification recall list. An employee who fails to respond to any written notice of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job;recall shall be deemed to be terminated. (3) In no case A regular employee on layoff who fails to respond and report to work within the time limits specified in 18.1(e)(2), on a recall to a job of a continuing nature of equal or higher classification than that job from which he/she was laid off shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit positionterminated.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. In A. Layoff means removal from the event that a bargaining unit member's position is eliminated or reducedpayroll with no employment rights other than the retention of seniority status and recall rights as noted below. If, because of reduction in student population, changes in curriculum, or deficit financial conditions, it becomes necessary to reduce staff, the bargaining unit member is bumpedfollowing layoff-recall procedures shall prevail: 1. All non-tenure teachers will be laid off first; however, said bargaining unit member shall have the right to bump the bargaining unit member with the least seniority among those bargaining unit members with equal district will retain non-tenure teachers when no tenure teachers are available or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours 2. Tenure teachers in the classification for which inverse order of their seniority/certification within the employee is qualified and for which she is more senior, said bargaining unit member BadAxeSchool District shall be the layoff order. A teacher must have the right appropriate certification to bump teach at a given level within a K-12 department. B. In affecting a layoff, the bargaining unit member with lower Board of Education shall establish its curriculum needs. Then the number and nature of the positions required will be established. Then 1 and 2 above shall be put into effect. All requests for Article XXI leaves which will provide an assignment for a teacher scheduled for layoff shall be granted prior to June 1st. C. A tenured teacher notified of a layoff may request a change in department. If such teacher is not fully certified and qualified for a position in another department that is assigned to a lesser seniority among those bargaining unit members whose number teacher, the laid off teacher may elect to demonstrate to the Superintendent, no later than ten (10) days after notification of work hours in layoffs, that the classification most closely aligns with her original hours; provided that said bargaining unit member is laid off teacher can become fully certified and qualified for the positionother position prior to the beginning of the next school year. The bargaining unit member shall have Such teacher must provide proof no more later than two (2) work days after receipt July 1 that he/she is in fact fulfilling the necessary requirements to become certified and qualified for the position being held by the lesser seniority employee prior to the beginning of her layoff notice or schedule reduction notice the coming school year. Teachers failing to notify fully qualify within the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she time limits shall be laid offoff without any recourse to the grievance procedure. If Certification and Qualifications shall be as set forth in Article XVI of this Agreement. D. An involuntary transfer to another department will enable the employee exercises to carry his/her right district wide seniority into that department for purposes of department seniority. E. Rehiring will be in inverse order to bump under layoff. Teachers to be rehired will be notified by certified mail or telegram at their permanent address on file with the Board. It is the responsibility of the teacher to keep this articleaddress current. F. Eligibility for recall will terminate if a teacher: 1. Resigns, or 2. Fails to respond as directed in a recall notice within 14 calendar days, or 3. Is laid off for FIVE (5) consecutive years, or 4. Is not available on the designated day for re-employment. G. Following the ratification of this Agreement and each year thereafter, the Board Association shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When prepare a vacancy occurs, bargaining unit members in the classification who are on layoff seniority/certification list. The seniority/certification list shall be recalled in provided to the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case Board. The list shall a new employee be hired relied upon by the Board while there are laid-off bargaining unit members who are qualified Administration for a vacant or newly-created bargaining unit positionall purposes. The certification/seniority will be determined according to Association bylaws.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. In When a reduction is necessary, the event that a bargaining unit member's position is eliminated or reduced, or following shall be the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member order of layoffs: 1. Probationary employees 2. Employees with the least seniority among those amount of bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours seniority in the classification for which that is to be reduced. 3. It is the employee is qualified and for which she is more senior, said intent of the parties that employees shall be laid off beginning with the newest bargaining unit member shall employee. 4. Employees to be laid off have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than at least two (2) work days after receipt weeks’ notice of her layoff notice or schedule reduction notice the lay-off. The local Union president shall receive a list from the employer of the employees being laid off on the date notices are issued to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bumpemployees. 5. If the employee fails to exercise her right to bump within two workdays under this article, she Recall shall be laid offin reverse order of layoff with recall to work being sent via U.S. First Class to his/her last known address according to the records of the District a the time of layoff. If the employee exercises her right to bump under this article, the Board The local Union president shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up also receive a copy of said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are notice of recall via their Xxx e-mail address. The most senior person on layoff shall be recalled first in his/her respective classification to a position for which he/she is qualified. No assistant will be recalled to a position in a classification other than that from which he/she was laid off. This does not deny any employee the following order: (1) Laid off bargaining unit members in right to apply for a vacancy that may exist for which he/she is qualified. In the classification event the employee fails to make himself/herself available for work at the end of the vacancy in the order of most seniority first; said two (2) weeks, he/she shall lose all seniority rights. The above information concerning last known address and timelines will be contained in the employees notice of layoff. 6. Laid off employees from one classification may bump into another classification, provided they have more bargaining unit members not seniority than the employee in the that classification of the vacancy in the order of most seniority firstwith less bargaining unit seniority, provided that the employee also has the necessary qualifications and the then-present ability to perform the job. An employee who otherwise possesses the seniority and necessary qualifications or may be able to obtain the necessary qualifications will be given up to ten (10) hours of training to acquire the ability to perform the job. Upon completion of the training period provided, the employee's immediate supervisor shall make the determination of whether or not the necessary qualifications have been met. This determination may be appealed, by the Union, to the Superintendent of the school district for final determination. 7. Recall - In the event a future need for services occur, positions shall be filled by the most senior qualified bargaining unit member is qualified making application. Recall rights for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created on layoff shall not supersede bargaining unit positionmember's seniority rights. An employee who otherwise possesses the seniority and necessary qualifications, or may be able to obtain the necessary qualifications will be given up to ten (10) hours of training to acquire the ability to perform the job. Upon completion of the training period provided, the employee's immediate supervisor shall make the determination of whether or not the necessary qualifications have been met. This determination may be appealed, by the Union, to the Superintendent of the school district for final determination. The Employer shall notify the employee by certified mail to the last known mailing address. It shall be the employee's responsibility to maintain her current address and/or forwarding address with the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. A production employee cannot exercise sen- iority to displace a Journeyperson, apprentice or Supplemental Helper within a Skilled Trade. Conversely, a Journeyperson, Apprentice or Supplemental Helper cannot exercise senior- ity to displace an employee in the Production Group except as herein provided. In the event a layoff from a Skilled Trade the lowingprocedure shall apply: First Supplemental Helpers will be laid off from the affected Skilled Trade in the inverse order of seniority and will exercise their seniority in the Production Group in accordance with the layoff and recall section of the Collective Agreement. Second Probationary Apprentices will be laid off in the inverse order from their date of entry in the apprentice program. Third -Probationary Journeypersons will be laid off from the affected Skilled Trade or classification. Fourth -Apprentices will be laid off from the affect- ed Skilled Trade or classifications in the inverse order from their date of entry in the apprentice pro- gram. Fifth Journeypersons will be laid off from the affected Skilled Trade or classification in the inverse order of their date of entry seniority within such Skilled Trade. A Journeyperson to be laid off from trade may exercise total seniority to displace the most junior supplemental employee, who is employed in another Skilled Trade, provided, however, that such Journeyperson has the necessary experience and ability. Recalls of Journeypersons, Apprentices or Probationary Journeypersons within a bargaining unit member's position is eliminated Skilled Trade shall be made in the reverse order of layoff within such Skilled Trade affected. A laid off seniority Journeyperson or reducedApprentice may, if so elects, file an application with the Human Resources Department for employment in the Production group. Upon receipt of such applica- tion, the employee will be given preference over a new hire, or failing that, shall displace a probation- ary employee. Such employee will then have date of entry seniority in the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member production group with the least understanding that to protect Skilled Trade seniority, must return to Skilled Trade when recalled. Failure to accept such recall means shall forfeit Skilled Trade seniority. (30) calendar days, at which time will forfeit job seniority among those bargaining unit members with equal or more scheduled work hours rights in the classification; provided that said bargaining unit member former Skilled Trade and establish seniority, as per Article (a) in such other Skilled Trade. A Journeyperson in one Skilled Trade who is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right trans- ferred to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When fill a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled another Skilled trade will retain job seniority in the following order: former Skilled Trade for thirty (130) Laid off bargaining unit members calendar days at which time will forfeit job seniority rights in the classification former Skilled Trade and establish date of the vacancy entry seniority in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit positionSkilled Trade.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. In 7:01 If reductions in the event workforce are necessary, the following procedure will apply: (a) All probationary employees in the affected classifications will be laid off provided there are seniority employees capable to perform the duties that the probationary employee performed. The Company and the Chairperson of the Shop Committee must mutually agree if a bargaining unit member's position probationary employee is eliminated or reducedretained over a seniority employee. (b) If further reductions are necessary, or employees will be laid off from their classifications in order of seniority, the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member employee with the least seniority among being laid off first, provided those bargaining unit members with equal or more scheduled remaining employees are capable of performing the work hours available. (c) Employees laid off from their classification will be allowed to displace junior employees in other classifications as outlined in the classification; Master Bumping Chart, provided that said bargaining unit member is qualified for they are capable of performing the positionwork involved to the job average. b. Only if no position is available with equal or more scheduled work hours (d) In cases of employees displacing junior employees in the classification for occupations which the employee is qualified not recognized for on the Master Bumping Chart described in Letter of Understanding titled “Layoff, Recall, Bumping Procedure”, the laid off employee will be given a ten (10) day training period. Said training period will include five (5) working days intensive training and five (5) working days ongoing assistance and after completion of said trial period must be able to produce the job average. (e) Employees who exercise their seniority rights outlined in Article 7:01 (d) (and are retained in that occupation for which she a period greater than three (3) months because of such layoffs) and are subject to a further reduction, shall be afforded the opportunity outlined in Article 7:01 (d). 7:02 If it develops that the senior employee is more seniorunable to perform the work of the least senior employee who he bumped and/or displaced, said bargaining unit member then the senior employee shall have the right be laid off from that occupation and/or classification and shall not be permitted to again bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours and/or displace an employee in the classification most closely aligns with her original hours; provided that said until he again qualifies under the collective bargaining unit member is qualified for agreement. 7:03 In the positionevent work which the employee has previously done (which work was not available during the layoff period), becomes available and the work represents ten (10) days of work or more, the employee will be recalled. Employees declining a recall of less than ten (10) days, will not be removed from the seniority list. The bargaining unit member shall have no more than two employee will be eligible for Company paid benefits the first of the month following the completion of the ten (210) work days after receipt of her layoff notice or schedule reduction notice if such employee has exhausted benefit continuation prior to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bumphis recall. If the employee fails was on benefit continuation at the time of recall, his benefits will commence and continue from his date of recall. 7:04 Employees subject to exercise her right to layoff from their regular classification after exercising seniority rights may, at employee option, bump within two workdays under this articleor displace an employee with the least seniority (the choice being his) in the following non-skilled classifications; Janitor, she shall Plant Services and Production Operator. 7:05 Recalls will be laid off. If in the employee exercises her right to bump under this article, the Board reverse order of layoff. 7:06 Employees shall notify the bargaining unit member Company of any change of address, within two five (25) workdays to verify the effective starting date for the positiondays after such change has been effected, and follow the Company shall be entitled to rely upon the address shown upon its records. Notification to return to work shall be by registered mail, return receipt requested. The Company will follow-up said notification in writing as soon as practicablecall backs via telephone. Copy of registered letter to be given to the Shop Chairperson. c. When a vacancy occurs7:07 Whenever possible, bargaining unit members the Company will give forty-eight (48) hours advance notice of layoffs to employees and the Shop Committee. However, no advance notice shall be required in the classification case of any employee who are on layoff shall be recalled in the following order: (1) Laid is laid off bargaining unit members in the classification as a result of the vacancy in exercise of seniority by another employee. 7:08 Employees exercising their seniority to other classifications under this article will receive the order rate of most seniority first; (2) Laid off bargaining unit members not in the classification pay of the vacancy job being performed, at the same level (i.e. same percentage) they hold in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit positiontheir home classification.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. No seniority employee shall be removed from a Seniority Group due to a reduction in force while probationary employees are retained at work in such group. When Management knows in advance that a seniority employee will be laid off for more than five (5) working days, and a seniority employee has been laid off for more than five (5) working days such seniority shall be entitled, in line with their seniority, to displace a probationary employee in a General Seniority Group in the plant. In the event that case of a bargaining unit member's position is eliminated or reducedreduction in force in a seniority group within a department in the excess of the balance of a shift and one (1) working day, or where employees must be displaced to make room for other who, under the bargaining unit member provisions of the Local Seniority Agreement are entitled to be recalled to or placed on jobs in that seniority group, seniority shall be removed or laid off from that seniority group in seniority order. A seniority employee whose seniority rights are exercisable in a Non-Interchangeable Occupational Seniority Group and who has laid off from their department in excess of the balance of a shift and one working day shall, provided they have sufficient seniority, be recalled or returned in line with their seniority to fill a job in their Non-Interchangeable Occupational Seniority Group in their department. A seniority who is bumpedso removed a Interchangeable Occupational Seniority Group within a department shall, said bargaining unit member shall provided they have seniority, flow through the right to bump the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours connecting lines provided in the classification; provided that said bargaining unit member is qualified for the position. b. Only Seniority Flow Chart (Exhibit "A") to other Non-Interchangeable Occupational Seniority Groups, if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more seniorany, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bumpor, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this articlefailing that, she they shall be laid off. If A seniority whose rights are exercisable in a General Seniority Group and who has been laid off from their department in excess of the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, balance of a and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: one (1) Laid off bargaining unit members working day shall, provided they have sufficient seniority, be recalled or in line their seniority to fill a job in the classification General Seniority Group in their department. Notwithstanding the provisions of Paragraphs and above, the vacancy in Parties agree that for layoffs of known duration beyond the order balance of most seniority first; (2) Laid off bargaining unit members not in a week but less than calendar days, the classification principles of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.inverse seniority. defined as follows will

Appears in 1 contract

Samples: Local Agreements

Layoff and Recall Procedure. a. In the event that (a) If there is a bargaining unit member's position is eliminated or reduced, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours reduction in the classification; provided that said bargaining unit member is qualified working force for the position.a definite period of time of a known duration, employees will be laid off by seniority as follows: b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2i) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall Probationary employees will be laid off. (ii) Employees with less than one (1) year of seniority will be laid off, according to seniority. (iii) Employees with one (1) year or more of seniority may, if they so elect, be laid off in the inverse or descending order of their seniority with the most senior employee being laid off first. Employees will be advised of the expected duration of the layoff and their expected return date. (iv) If the employee exercises her right expected duration of the layoff herein is subsequently extended to bump under this articlea later but definite date, employees laid off pursuant to (iii) above, will be afforded the Board shall notify option of returning to work on the bargaining unit member within two (2) workdays date originally scheduled to verify the effective starting date return or remaining on layoff for the position, duration of the extended period. An employee who elects to return on the originally scheduled return date will displace the least senior employee on the employee's classification and follow up said notification in writing as soon as practicableshift. c. When a vacancy occurs(v) If it becomes necessary to recall employees laid off under Subsection (a)(iii) prior to the date originally planned, bargaining unit members in the classification who are on layoff shall they will be recalled in the following order:ascending order of their seniority with the most junior employee on the affected shift and classification being recalled first. (vi) If, after employees are laid off under Subsection (a)(iii), it is determined that the layoff will be extended for an indefinite period of time, the work force will be adjusted within seven (7) calendar days in accordance with Subsection (b). (vii) If the duration of the layoff pursuant to Subsection (a) is expected to exceed fourteen (14) calendar days, the Union will be so notified. At the request of the Union, Management will consider employees, by classification on all shifts as being on one (1) Laid shift for the purposes of Subsection (a)(iii), or the Union may request that the provisions of Subsection (a) be waived and that the layoff made in accordance with Subsection (b). Either of such requests shall be made in writing by the Union within twenty-four (24) hours of the time the Union is notified of the layoff. (b) In the event of a decrease in force, other than as provided in (a), employees shall be laid off bargaining unit members in accordance with their seniority ranking in the classification district where the layoff occurs. The Corporation shall not be required to promote or transfer an employee to a higher-rated job of an employee of lesser seniority at the time of a layoff unless the senior employee has the present ability to perform the higher-rated job. (c) In the event of an increase in force, other than as provided in (a), in higher-rated jobs or if a vacancy occurs in a higher-rated job, the highest seniority employee working in the order of most seniority first; (2) Laid off bargaining unit members not in district, shall be transferred to the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the higher-rated job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. A production employee cannot exercise his/her sen- iority to displace a Journeyperson, apprentice or Supplemental Helper within a Skilled Trade. Con- versely, a Apprentice or Supplemen- tal Helper cannot exercise his/her seniority to dis- place an employee in the Production Group except as herein provided. In the event that a bargaining unit member's position layoff from a Skilled Trade the fol- lowing procedure shall apply: First-Supplemental Helpers will be laid off from the affected Skilled Trade in the inverse order of seniority and will exercise their seniority in the Pro- duction Group in accordance with the layoff and recall section of the Collective Agreement. Second Probationary Journeypersons will be laid off from the affected Skilled Trades or classifica- tions. Third Journeypersons will be laid off from the affected Skilled Trade or classification in the inverse order of their date of entry seniority within such Skilled Trade. A Journeyperson to be laid off from his/her trade may exercise his/her total seniority to displace the most junior supplemental employee, who is eliminated in another Skilled Trade. however, Journeyperson has the necessary experience and ability. Recalls of Journeypersons, Apprentices or reducedProba- tionary Journeypersons within a Skilled Trade shall be made in the reverse order of layoff within such Skilled Trade affected. A laid off seniority Journeyperson or Apprentice may, if he/she so elects, file an application with the Human Resources Department for employment in the Production group. Upon receipt of such appli- cation, the employee will be given preference over a new hire, or failing that, shall displace a proba- tionary employee. Such employee will then have date of entry seniority in the bargaining unit member is bumpedproduction group with the understanding that to protect his/her Skilled Trade seniority, said bargaining unit member he/she must return to his/her Skilled Trade when recalled. Failure to accept such recall means he/she shall have forfeit his/her Skilled Trade sen- iority. MOULD REPAIR BENCH The mould classifications as set out in the right above chart represent a flow through process which shall be used in the event of layoff as follows: A mould maker to be laid off may exercise his/ her seniority to bump the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours junior employee in the mould repair/bench classification; -or mould finisher classification in that order provided that said bargaining unit member is qualified for he/she has more plant seniority than the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the junior employee is qualified and for which he/she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends wishes to bump. If A mould repair/bench employee may bump the junior employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are mould finisher classifica- tion on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most same basis, again seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit positionpermitting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. (a) A production employee cannot exercise his/her seniority to displace a Journeyman, Apprentice or Supplemental Helper within a Skilled Trade. Conversely, a Journeyman, Apprentice or Supplemental Helper cannot exercise his/her seniority to displace an employee in the Production Group except as herein provided. (b) In the event of a layoff from a Skilled Trade the following procedure shall apply: off from the affected Skilled Trade in the inverse order of seniority and will exercise their seniority in the Production Group in accordance with the layoff and recall section of the applicable Local Agreement. Second - Supplemental Helpers who were obtained in accordance with Article 7 (1) will be laid off from the affected Skilled Trade in the inverse order of seniority. Journeyman to be laid off from his/her trade may exercise his/her total seniority to displace the most junior supplemental employee who is employed in another Skilled Trade, provided, however, that such Journeyman has the necessary skill and ability. accordance with Article 6 of the Apprenticeship Program. (c) Recalls of Journeymen, Apprentices, or Probationary Journeymen within a Skilled Trade shall be made in the reverse order of layoff within such Skilled Trade affected. (d) Skilled Trades flow chart for layoff and recall purposes appears in each respective Local Agreement. (e) A laid off seniority Journeyman or Apprentice, after serving a layoff of thirteen (13) consecutive weeks can elect within a period of fifteen (15) calendar days thereafter, to continue on layoff or exercise his/her total plant seniority, if sufficient, to displace the most junior employee within the Production group in accordance with the Production Layoff and Recall Provisions of the respective local Agreements. It is further understood that the option of exercising his/her total plant seniority in the Production Group may only be exercised once during a skilled trades employee's period of employment. The Skilled Trades employee who either exercises his/her total plant seniority in Production or who elects to remain on layoff, will still retain his/her recall rights to his/her former Skilled Trade. However, a skilled trades employee working in Production, who rejects a recall to his/her former skilled trades classification will automatically have his/her total plant seniority vested in Production and forfeit recall rights to his/her former skilled trade. (f) In the event that the Company hires a bargaining unit member's position is eliminated or reducedlaid off probationary Journeyman employee into a Production Group, or the bargaining unit member is bumped, said bargaining unit member shall have employee will forfeit any claim to his/her Skilled Trade and will be required to serve the right full probationary period in production as outlined in he/she will be required to bump serve the bargaining unit member full probationary period with the least seniority among those bargaining unit members with equal or more scheduled work hours Trade as outlined in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bumpArticle 4. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under circumstances arise that are not covered in this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, local Union Committee and follow up said notification in writing as soon as practicableManagement will confer. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 1 contract

Samples: Master Agreement

Layoff and Recall Procedure. a. A. No Teacher shall be laid off during the school year unless there is a substantial reduction in the number of total students enrolled in the district or there is a shortage of revenues within the district. In the event that the Employer determines it appropriate to reduce the number of Teachers in a bargaining unit member's subsequent school year, Teachers subject to lay-off shall be notified of such lay-off in writing at least thirty (30) calendar days prior to the lay-off. B. In order to promote an orderly reduction in personnel when the program and curriculum is curtailed, the following procedures will be used: 1. Probationary employees will be laid off first according to seniority where any tenure Teacher who has acquired any seniority and whose position is eliminated or reducedcurtailed is certified and qualified to perform the services of the probationary Teacher. 2. In the event tenure Teachers must be laid off, or lay-off will be on the bargaining unit member basis of seniority, certification, accreditation and qualification. Qualification is bumped, said bargaining unit member shall have defined as: 3. Seniority is defined as the right to bump the bargaining unit member length of continuous service as a Teacher with the least Employer. Length of service shall be counted as actual days scheduled to work. Leaves of absence granted pursuant to this contract shall be counted as days worked. In case of ties, each employee affected shall participate in a drawing to determine placement on the seniority among those bargaining unit members with equal list. The drawing shall be jointly conducted by the Association and the Employer, and shall be held at a place and time that will reasonably allow affected Teachers to be in attendance. Teachers shall flip a coin to determine who draws lst, 2nd, etc. Equal size slips of paper shall be numbered and placed in a box. Persons drawing shall not be allowed to scrutinize the contents of the box. 4. The Employer shall prepare a seniority list of Teachers and transmit a copy of the same to the Association on or more scheduled work hours before September 15th each year. The list shall include the Teachers' certification and qualification. Any errors on the list shall be provided to the Employer by October 31, thereafter the list shall be final. 5. Teachers on lay-off shall be recalled in inverse order of lay-off provided the classification; provided that said bargaining unit member Teacher is certified and qualified for the position. No new Teachers shall be employed by the Employer while there are Teachers who are laid-off unless there are no laid-off Teachers certified and qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position6. The bargaining unit member Employer shall have no more give written notice of recall from lay-off by sending a certified letter to the Teacher with a copy to the Association President. The Teacher shall respond within fifteen (15) calendar days of receipt. Refusal of acceptance of a position that is less than two (2) work days after receipt of her layoff notice full time shall not affect a Teacher's seniority or schedule reduction notice recall rights to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the a full time position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs7. No Teacher will lose recall rights, bargaining unit members in or seniority if the classification who are on layoff shall Teacher is at the time of recall under contract with another school system. Recall will be recalled in the following order: limited to four (14) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit positionyears.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. In If the event that District eliminates a DPO position, the District will lay off by seniority starting with the least senior employee; provided, however, the District will lay off part-time employees assigned to these position’s prior to laying off any full-time employee assigned to a DPO position. If the District eliminates a building-based Campus Security Officer position, the District will lay off by seniority starting with the least senior Campus Security Officer; provided, however, the District will lay off part-time employees assigned to a Campus Security Officer position prior to laying off any full-time employee assigned to a Campus Security Officer position. Part-time employees who are laid off will be placed on a part-time layoff list for fifteen (15) months from the date of layoff. The District will give preference by seniority within classification for rehire to persons on this part-time list before hiring a new employee to a bargaining unit member's position is eliminated or reduced, or the position; if rehired to a part-time bargaining unit member is bumpedposition within fifteen (15) months, said employee's previous hire-in date will establish the employee's seniority. Full-time employees who are laid off will be placed on a full-time layoff list for fifteen (15) months from the date of layoff. The District will give persons on the full-time seniority list preference by seniority within classification for rehire to a bargaining unit member shall have the right position; if rehired to bump the a full-time bargaining unit member position within fifteen (15) months, said employee's previous hire- in date will establish the employee's seniority. Employees will be recalled by seniority within classification. Employees with the least seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours previous District experience in the classification will be given preference for which rehire in that classification. An employee hired to a different classification must meet the employee is qualified position qualifications and for which she is more seniorrequirements and must satisfactorily complete a ninety (90) day probationary period if recalled to a different classification. A person on the layoff list must notify the Human Resources department of any change in address or telephone number. A person who fails to notify the Human Resources department of a change will lose all recall rights. A person on the part-time layoff list who rejects an offer of part-time employment will be dropped from the layoff list and thereby lose all recall rights. A person on the full-time layoff list, said bargaining unit member shall have who rejects an offer of full-time employment, will drop to the right to bump bottom of the bargaining unit member with lower seniority among those bargaining unit members whose number recall list. If a person rejects an offer of work hours in full-time employment a second time, they will be dropped from the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the positionlayoff list and thereby lose all recall rights. The bargaining unit member shall have no more than District will notify an employee at least two (2) work days after receipt of her layoff notice or schedule reduction notice weeks prior to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy layoff. District experience beyond the probationary period in the order of most a classification establishes seniority first; (2) Laid off bargaining unit members not rights in the that classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit positionan employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. 18.01 A lay off is defined as per the Employment Standards Act. In the event that of a proposed layoff of a permanent or long-term nature, management will provide the affected employees notice according to the Employment Standards Act. Employees shall receive a minimum of one (1) week(s) notice of a lay-off. Layoffs shall be based upon the following factors. (a) seniority (b) legal qualification (c) skill, competency, efficiency and ability to do the job with only minimum orientation 18.02 Employees shall be laid off in reverse order of seniority within the same classification. On notification of lay-off a full-time employee may either: (a) accept the lay-off, or (b) displace the most junior employee with less bargaining unit member's position is eliminated seniority in a lower or reducedidentical paying classification. The employee displaced shall then be laid off. (c) if there are no employees with less seniority in a lower or identical classification, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with laid off employee may displace the least seniority among those bargaining unit members with equal or more scheduled work hours senior employee in a classification where the classification; provided straight time pay rate, at the level of service corresponding to that said bargaining unit member of the laid off employee, is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number within five percent (5%) of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the positiontheir straight hourly rate. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she displaced shall be laid off. If An employee who is entitled to this option shall provide written notice to their manager of their decision to accept the lay-off or to displace a more junior employee exercises her in another classification. Failure to do this will indicate acceptance of lay-off. The employee exercising their right to bump under this article, the Board shall must notify the bargaining unit member Employer within two (2) workdays business days of receiving the notice of layoff or they shall be deemed to verify have accepted the effective starting date for the position, and follow up said notification in writing as soon as practicablelayoff. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff (a) Recall to available positions shall be recalled in the following order:reverse order of lay-off. (1b) Laid An employee who returns to work in a classification different from their classification prior to lay-off bargaining unit members in the classification may return to their original position if it becomes vacant within six (6) months of the vacancy in the order of most seniority first;their return to work. (2c) Laid No positions will be posted until all employees who were laid off bargaining unit members not in and are still available according to the classification of seniority provision have been given the vacancy in opportunity to return to work or have refused work or have been found unable to perform the order of most seniority first, provided that the bargaining unit member is qualified for the job;work available. (3d) In no case shall An employee who has completed their probationary period and has been laid off may retain their seniority for a new employee be hired by period after the Board while there are laidlay-off bargaining unit members who are qualified for a vacant not to exceed the lesser of twenty-four (24) months or newly-created bargaining unit positionthe employee's seniority.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. A. No Teacher shall be laid off during the school year unless there is a substantial reduction in the number of total students enrolled in the district or there is a shortage of revenues within the district. In the event that the Employer determines it appropriate to reduce the number of Teachers in a bargaining unit member's subsequent school year, Teachers subject to lay-off shall be notified of such lay-off in writing at least thirty (30) calendar days prior to the lay-off. B. In order to promote an orderly reduction in personnel when the program and curriculum is curtailed, the following procedures will be used: 1. Probationary employees will be laid off first according to seniority where any tenure Teacher who has acquired any seniority and whose position is eliminated or reducedcurtailed is certified and qualified to perform the services of the probationary Teacher. 2. In the event tenure Teachers must be laid off, or lay-off will be on the bargaining unit member basis of seniority, certification, accreditation and qualification. Qualification is bumpeddefined as: determine "qualified"), said bargaining unit member shall have Endorsement Grades K-6 Certification; Endorsement 3. Seniority is defined as the right to bump the bargaining unit member length of continuous service as a Teacher with the least Employer. Length of service shall be counted as actual days scheduled to work. Leaves of absence granted pursuant to this contract shall be counted as days worked. In case of ties, each employee affected shall participate in a drawing to determine placement on the seniority among those bargaining unit members with equal list. The drawing shall be jointly conducted by the Association and the Employer, and shall be held at a place and time that will reasonably allow affected Teachers to be in attendance. Teachers shall flip a coin to determine who draws lst, 2nd, etc. Equal size slips of paper shall be numbered and placed in a box. Persons drawing shall not be allowed to scrutinize the contents of the box. 4. The Employer shall prepare a seniority list of Teachers and transmit a copy of the same to the Association on or more scheduled work hours before September 15th each year. The list shall include the Teachers' certification and qualification. Any errors on the list shall be provided to the Employer by October 31, thereafter the list shall be final. 5. Teachers on lay-off shall be recalled in inverse order of lay-off provided the classification; provided that said bargaining unit member Teacher is certified and qualified for the position. No new Teachers shall be employed by the Employer while there are Teachers who are laid-off unless there are no laid-off Teachers certified and qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position6. The bargaining unit member Employer shall have no more give written notice of recall from lay-off by sending a certified letter to the Teacher with a copy to the Association President. The Teacher shall respond within fifteen (15) calendar days of receipt. Refusal of acceptance of a position that is less than full time shall not affect a Teacher's seniority or recall rights to a full time position. 7. No Teacher will lose recall rights, or seniority if the Teacher is at the time of recall under contract with another school system. Recall will be limited to four (4) years for tenured teachers and two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bumpyears for probationary teachers. C. Teachers who receive unemployment compensation during regularly scheduled school breaks, such as during summer and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date who return for the position, and follow up said notification in writing as soon as practicableregular work year shall have his/her salary reduced or shall reimburse the District the unemployment compensation paid. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Layoff and Recall Procedure. a. A production employee cannot exercise senior- ity to displace a apprentice or Supple- mental Helper within a Skilled Trade. Conversely, a Apprentice or Supplemental Helper cannot exercise seniorityto displace an employ- ee in the Production Group except as herein provided. In the event a layoff from a Trade the following procedure shall apply: First Supplemental Helpers will be laid off from the affected Trade in the inverse order of senior- ity and will exercise their seniority in the Production Group in accordance with the layoff and recall section of the Collective Agreement. Second Probationary Apprentices will be laid off in the inverse order from their date of entry in the appren- xxxx program. Third Probationary Journeypersons will be laid off from the affected Trade or classification. Fourth Apprentices will laid off from Trade or classifications in the inverse order from their date of entry in the apprentice program. Fifth Journeypersons will be laid off from the affect- ed Skilled Trade or classification in the inverse order of their date of entry seniority within such Trade. A Journeyperson to be laid off from trade may exercise total seniority to displace the most ju- nior supplemental employee, who is employed in an- other Trade, provided, however, that such has the necessary experience and ability. Recalls of Journeypersons, Apprentices or Probation- ary Journeypersons within a bargaining unit member's position is eliminated Trade shall be made in the reverse order of layoff within such Trade affected. A laid off seniority Journeyperson or reducedApprentice may, if so elects, file an application with the Human Resources Department for employment in the Produc- tion group. Upon receipt of such application, the em- ployee will be given preferenceover a new hire, or fail- ing that, displace a probationary employee.Such employee will then have date of entry seniority in the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member production group with the least seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided understanding that said bargaining unit member is qualified for the positionto protect hisher Trade seniority, must to hisher Trade when recalled. Failure to accept such recall means shall forfeit Trade seniority. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. 18.01 A lay off is defined as per the Employment Standards Act. In the event that of a proposed layoff of a permanent or long term nature, management will provide the affected employees notice according to the Employment Standards Act. Layoffs shall be based upon the following factors. (a) seniority (b) legal qualification (c) skill, competency, efficiency and ability to do the job with only minimum orientation 18.02 Employees shall be laid of in reverse order of seniority within the same classification. On notification of lay-off a full-time employee may either: (a) accept the lay-of, or (b) displace the most junior employee with less bargaining unit member's position is eliminated seniority in a lower or reducedidentical paying classification. The employee displaced shall then be laid off. (c) if there are no employees with less seniority in a lower or identical classification, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with laid off employee may displace the least seniority among those bargaining unit members with equal or more scheduled work hours senior employee in a classification where the classification; provided straight time pay rate, at the level of service corresponding to that said bargaining unit member of the laid off employee, is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number within 5% of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the positionstraight hourly rate. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she displaced shall be laid off. If An employee who is entitled to this option shall provide written notice to her manager of her decision to accept the lay-off or to displace a more junior employee exercises her in another classification. Failure to do this will indicate acceptance of lay-off. The employee exercising their right to bump under this article, the Board shall must notify the bargaining unit member Employer within two (2) workdays business days of receiving the notice of layoff or they shall be deemed to verify have accepted the effective starting date for the position, and follow up said notification in writing as soon as practicablelayoff. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff (a) Recall to available positions shall be recalled in the following order:reverse order of lay-off. (1b) Laid An employee who returns to work in a classification different from her classification prior to lay-off bargaining unit members in the classification may return to her original position if it becomes vacant within six (6) months of the vacancy in the order of most seniority first;her return to work. (2c) Laid No positions will be posted until all employees who were laid off bargaining unit members not in and are still available according to the classification of seniority provision have been given the vacancy in opportunity to return to work or have refused work or have been found unable to perform the order of most seniority first, provided that the bargaining unit member is qualified for the job;work available. (3d) In no case shall An employee who has completed her probationary period and has been laid off may retain her seniority for a new employee be hired by period after the Board while there are laidlay-off bargaining unit members who are qualified for a vacant not to exceed the lesser of twenty-four (24) months or newly-created bargaining unit positionthe employee's seniority.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. In the event that a bargaining unit member's position is eliminated or reducedThe district will make every effort to keep carpenters work in house and will staff in accordance with district needs and budget. The District will lay off by seniority, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with the least senior employee. Temporary employees will be laid off before regular employees. Regular employees who are laid off will be placed on a layoff list for twelve (12) months from the date of layoff. The District will give persons on the layoff list preference by seniority among those bargaining unit members with equal for rehire as a regular employee or more scheduled work hours in the classificationtemporary employee; provided that said bargaining unit member is qualified for the position. b. Only if no rehired to a regular employee position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more seniorwithin twelve (12) months, said bargaining unit member employee’s previous hire-in date will establish the employee’s seniority. Regular employees who were laid off and are rehired as temporary employees shall have be entitled to full contract benefits for a period of twenty-four (24) months from date of layoff as a regular employee. Temporary employees who are hired due to emergencies on short- term critical work needs within Carpentry which has had a layoff within the right previous fiscal year (September 1-August 31) shall receive full contract benefits after ninety (90) consecutive workdays consistent with the mutual consent of the Council and the District as provided in Article I, Section 2.9 of the agreement. A person on the layoff list must notify the Human Resources Department of any change in address or telephone number. A person who fails to bump notify the bargaining unit member with lower seniority among those bargaining unit members whose number Human Resources Department of a change will lose all recall rights. A person on the layoff list who rejects an offer of employment as a regular employee by certified or registered mail to the employee’s last address of record or by personal contact will be dropped from the layoff list and thereby lose all recall rights for failure to report for work within forty-eight (48) hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position(Saturdays, Sundays and holidays excluded). The bargaining unit member shall have no more than District will notify a regular employee at least two (2) work days after receipt of her layoff notice or schedule reduction notice weeks prior to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in layoff, provided the order of most seniority first; (2) Laid off bargaining unit members not in the classification circumstances of the vacancy in layoff are not beyond the order control of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit positionDistrict.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. In the event the Employer determines that a layoff is necessary, such layoff will be from classifications selected by the Employer and in numbers determined by the Employer subject to the terms and conditions specifically provided for in this Agreement: (a) In the event that a bargaining unit member's position reduction in personnel is eliminated or reducedordered, or the bargaining unit member is bumpedEmployer agrees to layoff substitute, said bargaining unit member shall have the right to bump the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours temporary and probationary employees in the classification for which affected and then the least senior employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; affected, provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members remaining employees in the classification who are on layoff have the same or better ability, experience, training and work record, and thereafter using the order of inverse seniority. Recall to work shall be recalled in made on the following order: (1) Laid off bargaining unit members basis of the most senior employee first in the classification of the vacancy recalled and thereafter in the order of most seniority. However, it is understood that if it is necessary for the efficient operation of the Employer’s services, where a particular skill or experience is required, seniority first;need not be followed. (2b) Laid off bargaining unit members not For the purposes of layoff and recall only, Union leaders shall head the seniority list of their respective job / position classifications during their term of office as follows: ~ Bargaining Unit President shall have highest seniority. ~ Bargaining Unit Vice President shall have second highest seniority. ~ Bargaining Unit Secretary shall have third highest seniority. ~ Bargaining Unit Chief Xxxxxxx shall have fourth highest seniority. ~ Bargaining Unit Stewards shall have the next highest seniority in order of the amount of time they have served in the xxxxxxx role, with the xxxxxxx having served the longest having fifth highest seniority, etc. ~ Bargaining Unit represented staff members who do not hold a Union office and who serve on the bargaining committee for the Union do not have any additional level of seniority. Their seniority status is based entirely on their most recent date of hire as defined in Section J-1 – Seniority Definition. The Union acknowledges that the Employer is not obligated to “make work” for a Union leader and that such employee must have the necessary skill and experience to satisfactorily perform the required work. (c) Should layoffs become necessary, the Employer will ask for voluntary layoffs within a job classification first, provided the Employer determines the remaining employees within the job classification have the qualifications and experience and can perform the work of the vacancy employee taking a voluntary layoff. In the event layoffs are not voluntary, an employee shall be laid off from his/her position within a job classification as outlined in paragraphs (a) and (b) of this section. If the order Employer has given ten (10) days advance notice of most layoff to an employee, said Employee shall be allowed no more than one (1) workday after receiving his/her layoff notice to exercise his/her seniority firstand replace a person with less seniority and the same employment status (full-time may only bump full- time, part-time may only bump part-time and contingent may only bump contingent status employee) in a lateral or lower job classification provided, however, the Employer agrees the person receiving the layoff notice has the same or better qualifications and expertise to perform the new job duties as the employee with lesser seniority. The Employer agrees that if it has not given the employee ten (10) work days advance notice of layoff, the employee shall have ten (10), rather than one (1) workdays to exercise his/ her seniority rights as outlined above. An employee who is bumped through this process shall have one (1) workday following notice of bumping to exercise his/her seniority rights as outlined above. Employees who exercise their seniority under this section will be paid at the same rate in a lateral position or at the highest rate paid for a lower classified assignment, provided that the bargaining unit member new rate is qualified for the job; (3) In no case shall not higher than their old rate. When a new employee be hired by the Board while position opens in a classification in which there are laid-off bargaining unit members who are qualified for a vacant or newlyeligible employees, such position shall not be subject to the job posting procedure until eligible laid-created bargaining unit positionoff employees have first been called back to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. a) A production employee cannot exercise their seniority to dis- place a Journeyperson or Apprentice within a Skilled Trade. Conversely, a Journeyperson or Apprentice may exercise their seniority to displace an employee in the Production Group using previous production seniority. b) In the event of a layoff from a Skilled Trade, the following Pro- cedure shall apply. 1st – Probationary Journeypersons will be laid off from the af- fected Skilled Trades. 2nd – Apprentices will be laid off from the affected Skilled Trade in the inverse order of their date of entry seniority within such Skilled Trade. 3rd – Journeypersons will be laid off from the affected Skilled Trade in the inverse order of their date of entry seniority within such Skilled Trade. c) Recalls of Journeypersons, Apprentices or Probationary Jour- neyperson within a Skilled Trade shall be made in the reverse order of layoff within such Skilled Trade affected. d) A laid off seniority Journeyperson or Apprentice may, if they so elect, file an application with the Human Resources Depart- ment for employment in the Production Group. Upon receipt of such application, the employee will be given preference over a new hire, or failing, that shall displace a probationary employ- ee. Such employee will then have date of entry seniority in the Production Group with the understanding that to protect their Skilled Trade seniority, they must return to their Skilled Trade when recalled. Failure to accept such recall means they shall forfeit their Skilled Trades seniority and will retain their date of entry seniority in the Production Group. Notwithstanding the above, a Journeyperson or Apprentice may after serving a layoff of six (6) months in any nine (9) month period from their Skilled Trade, elect within a period of thirty (30) calendar days there- after to continue on layoff subject to recall to their Skilled Trade or exercise their total seniority, if sufficient to displace the most junior employee in a production Group in accordance with the Layoff and Recall Provision of the Collective Agreement and they shall forfeit their former Skilled Trades seniority. However, such employee will have priority transfer rights to their former Skilled Trade over other applicants provided they have the ne- cessary ability and qualifications. e) In the event that the Company hires a bargaining unit member's position is eliminated or reducedlaid off probationary Jour- neyperson employee into a Production Group, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified will forfeit any claim to their Skilled Trade and for which she is more seniorwill be required to serve the full probationary period in production as outlined in Article 11 of the Collective Agreement. Should such employee be laid off from production and rehired into a Skilled Trade as a probationary Journeyperson, said bargaining unit member shall have they will be required to serve the right to bump full probationary period within the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours Trade as outlined in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bumpArticle 4, and the specific position which she intends to bumpabove. If the employee fails to exercise her right to bump within two workdays under circumstances arise that are not covered in this article, she shall be laid off. If the employee exercises her right to bump under this articleArticle, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, Local Union Committee and follow up said notification in writing as soon as practicableManagement will confer. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. 18.01 A lay off is defined as per the Employment Standards Act. In the event that of a proposed layoff of a permanent or long term nature, management will provide the affected employees notice according to the Employment Standards Act. Employees shall receive a minimum of one (1) week(s) notice of a lay-off. Layoffs shall be based upon the following factors. (a) seniority (b) legal qualification (c) skill, competency, efficiency and ability to do the job with only minimum orientation 18.02 Employees shall be laid off in reverse order of seniority within the same classification. On notification of lay-off a full-time employee may either: (a) accept the lay-off, or (b) displace the most junior employee with less bargaining unit member's position is eliminated seniority in a lower or reducedidentical paying classification. The employee displaced shall then be laid off. (c) if there are no employees with less seniority in a lower or identical classification, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with laid off employee may displace the least seniority among those bargaining unit members with equal or more scheduled work hours senior employee in a classification where the classification; provided straight time pay rate, at the level of service corresponding to that said bargaining unit member of the laid off employee, is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number within 5% of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the positionstraight hourly rate. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she displaced shall be laid off. If An employee who is entitled to this option shall provide written notice to her manager of her decision to accept the lay-off or to displace a more junior employee exercises her in another classification. Failure to do this will indicate acceptance of lay-off. The employee exercising their right to bump under this article, the Board shall must notify the bargaining unit member Employer within two (2) workdays business days of receiving the notice of layoff or they shall be deemed to verify have accepted the effective starting date for the position, and follow up said notification in writing as soon as practicablelayoff. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff (a) Recall to available positions shall be recalled in the following order:reverse order of lay-off. (1b) Laid An employee who returns to work in a classification different from her classification prior to lay-off bargaining unit members in the classification may return to her original position if it becomes vacant within six (6) months of the vacancy in the order of most seniority first;her return to work. (2c) Laid No positions will be posted until all employees who were laid off bargaining unit members not in and are still available according to the classification of seniority provision have been given the vacancy in opportunity to return to work or have refused work or have been found unable to perform the order of most seniority first, provided that the bargaining unit member is qualified for the job;work available. (3d) In no case shall An employee who has completed her probationary period and has been laid off may retain her seniority for a new employee be hired by period after the Board while there are laidlay-off bargaining unit members who are qualified for a vacant not to exceed the lesser of twenty-four (24) months or newly-created bargaining unit positionthe employee's seniority.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. In When a reduction within a classification is necessary, the event that a bargaining unit member's position is eliminated or reduced, or following shall be the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member order of layoffs: 1. Probationary employees 2. Employees with the least seniority among those amount of bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours seniority in the classification for which that is to be reduced. 3. It is the employee is qualified and for which she is more senior, said bargaining unit member shall have intent of the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided parties that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she employees shall be laid offoff beginning with the newest bargaining unit employee. 4. If Laid off employees from one classification may bump into another classification, provided they have more bargaining unit seniority than the employee exercises her right to bump under this article, the Board shall notify the in that classification with less bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority firstseniority, provided that the employee also has the necessary qualifications and the then-present ability to perform the job. An employee who otherwise possesses the seniority and necessary qualifications or may be able to obtain the necessary qualifications will be given up to ten (10) hours of training to acquire the ability to perform the job. Upon completion of the training period provided, the employee’s immediate supervisor shall make the determination of whether or not the necessary qualifications have been met. This determination may be appealed, by the Union, to the Superintendent of the school district for final determination. 5. Recall - In the event a future need for services occur, positions shall be filled by the most senior qualified bargaining unit member is qualified making application. Recall rights for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created on layoff shall not supersede bargaining unit positionmember’s seniority rights. An employee who otherwise possesses the seniority and necessary qualifications, or may be able to obtain the necessary qualifications will be given up to ten (10) hours of training to acquire the ability to perform the job. Upon completion of the training period provided, the employee’s immediate supervisor shall make the determination of whether or not the necessary qualifications have been met. This determination may be appealed, by the Union, to the Superintendent of the school district for final determination. The Employer shall notify the employee by certified mail to the last known mailing address. It shall be the employee's responsibility to maintain her current address and/or forwarding address with the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. In the event that a bargaining unit member's position is eliminated or reduced, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member The Parties agree when an Employee has been given notice of layoff in accordance with the least seniority among those bargaining unit members with equal or more scheduled work hours in notice provisions of Article 36: the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified Layoff and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number Recall Procedure article of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bumpthis Collective Agreement, and the specific position which she intends Employee is actively seeking replacement employment, the Employer will grant the Employee reasonable time off without loss of pay for the purpose of attending an employment interview on the following conditions: The Employee notifies the Employer at least twenty-four (24)hours prior to bumpthe interview; There is not more than four (4)hours lost time per job interview; and The Employee provides the Employer with written confirmation that the Employee attended the job interview. ON BEHALF OF THE EMPLOYER ON BEHALF OF THE UNION DATE: DATE: The CAPITAL CARE Group The following outlines the rate of pay for regular part-time Employees who accept additional hours: Regular part-time Employees working additional hours in a different classification within their own department: will be paid at the same step that they are currently at in the new classification. Example: Food Services Aide at Step of the Food Services Aide Scale. If the employee fails to exercise her right to bump within two workdays under this articleshe works additional hours as a Food Service Attendant, she shall will be laid offpaid at Step of the Food Services Attendant Scale. If Regular part-time Employees working additional hours in a different classification outside of their own department will be paid in accordance with Clause ON BEHALF OF THE EMPLOYER ON BEHALF OF THE UNION DATE: DATE: LETTER OF UNDERSTANDING The CAPITAL CARE Group RE: House and Place West Nursing; Attendants at CAPITAL CARE and Food Services Employees at both CAPITAL CARE Grandview and Mewburn Veterans Centre The Parties agree that all employees employed at House and Place West, Nursing Attendants at CAPITAL CARE and Food Services Employees at both CAPITAL CARE Grandview and Mewburn Veterans Centre who are regularly scheduled for point nine six or greater full-time equivalencies will be granted the employee exercises her right following: Employees will be granted Named Holidays based on the provisions granted to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members full- time Employees in the classification who are Collective Agreement. Employees will be granted Vacation based on layoff shall be recalled the provisions granted to full-time Employees in the following order: Collective Agreement (1) Laid that is number of days off, as opposed to vacation pay based on a percentage of hours worked). Em will be considered to be full-time Employees when the Lay- off bargaining unit members Recall Procedure. Employees shall accrue and be granted Xxxx Leave based on the provisions granted to full-time Employees in the classification Collective Agreement. a The provisions of this Letter of Understanding will remain in force and effect until such time as it has been amended or rescinded by mutual of the vacancy in parties, or until the order signing of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee Collective Agreement, at which time e matter will be hired by the Board while there are laidre-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.visited. ON BEHALF OF THE EMPLOYER ON BEHALF OF THE UNION DATE: DATE:

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. (a) When a layoff of employees in a classification is to last for more than fourteen (14) calendar days (i.e., an indefinite layoff), probationary employees (if any) shall be the first ones removed from the classification and then employees in the classification shall be removed in reverse order of seniority, applied as set forth in Section 6.3(a). Layoffs lasting, or expected to last, fourteen (14) days or less (i.e., a temporary layoff) may be effected without regard to this Article 6. (b) Employees on layoff with seniority shall be recalled to work as work becomes available, in reverse order of layoff subject to Section 6.3.(a). (c) In the event that the Laboratory is required to lay off an employee without giving fourteen (14) calendar days notice, the employee shall receive a bargaining unit member's position is eliminated sum equal to twice their average weekly earnings (calculated on the base, annual scheduled earnings of the employee affected) less any pay received by the employee for work performed after notice of layoff. Employees who have completed their initial hire (probationary) period who are laid off are eligible for severance pay based on the following schedule provided they execute the release provided by the Laboratory for the specific Reduction in Force workforce restructuring plan within the time period set by the Laboratory and waive any recall or reducedreinstatement rights. No employee who accepts a transfer to another facility, subsidiary, or affiliate of the bargaining unit member FRA; is bumped, said bargaining unit member shall have offered employment at comparable pay and benefits by a successor contractor to FRA; is hired by a subcontractor to FRA performing work for FRA; resigns; or is discharged for cause will be eligible for severance pay. Employees who take severance will not be eligible for rehire by the right to bump Laboratory or any other Department of Energy or National Nuclear Security Administration contractor or subcontractor for a period of one (1) year from the bargaining unit member with date of the least seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bumpemployee’s separation, and the specific position which she intends Laboratory will have no obligation to bump. If reemploy the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following orderfuture: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall Procedure. a. (a) A production employee cannot exercise his/her seniority to displace a Journeyman, Apprentice or Supplemental Helper within a Skilled Trade. Conversely, a Journeyman, Apprentice or Supplemental Helper cannot exercise his/her seniority to displace an employee in the Production Group except as herein provided. (b) In the event of a layoff from a Skilled Trade the following procedure shall apply: (c) Recalls of Journeymen, Apprentices, or Probationary Journeymen within a Skilled Trade shall be made in the reverse order of layoff within such Skilled Trade affected. (d) Skilled Trades flow chart for layoff and recall purposes appears in each respective Local Agreement. (e) A laid off seniority Journeyman or Apprentice, after serving a layoff of thirteen (13) consecutive weeks can elect within a period of fifteen (15) calendar days thereafter, to continue on layoff or exercise his/her total plant seniority, if sufficient, to displace the most junior employee within the Production group in accordance with the Production Layoff and Recall Provisions of the respective local Agreements. It is further understood that the option of exercising his/her total plant seniority in the Production Group may only be exercised once during a skilled trades employee's period of employment. The Skilled Trades employee who either exercises his/her total plant seniority in Production or who elects to remain on layoff, will still retain his/her recall rights to his/her former Skilled Trade. However, a skilled trades employee working in Production, who rejects a recall to his/her former skilled trades classification will automatically have his/her total plant seniority vested in Production and forfeit recall rights to his/her former skilled trade. (f) In the event that the Company hires a bargaining unit member's position is eliminated or reducedlaid off probationary Journeyman employee into a Production Group, or the bargaining unit member is bumpedemployee will forfeit any claim to his/her Skilled Trade and will be required to serve the full probationary period in production as outlined in Section 17 of the Master Agreement. Should such employee be laid off from production and rehired into a Skilled Trade as a probationary Journeyman, said bargaining unit member shall have he/she will be required to serve the right to bump the bargaining unit member full probationary period with the least seniority among those bargaining unit members with equal or more scheduled work hours Trade as outlined in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bumpArticle 4. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under circumstances arise that are not covered in this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, local Union Committee and follow up said notification in writing as soon as practicableManagement will confer. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 1 contract

Samples: Master Agreement

Layoff and Recall Procedure. a. A production employee cannot exercise his seniority to displace a journeyman or apprentice, a skilled trade. Conversely, a journeyman or apprentice may exercise his seniority to displace an employee in the production group using previous production seniority. In the event that of a bargaining unit member's position is eliminated or reduced, or layoff a trade the bargaining unit member is bumped, said bargaining unit member following procedure shall have apply: First Probationary journeymen will be laid off the right to bump skilled trades. Second will be laid off from the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours affected skilled in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right inverse order of their date of entry seniority within such skilled trade. A journeyman to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid offoff from trade may exercise his total seniority to displace the most junior employee, who is employed in another trade, provided, however, that such journeyman has the necessary experience and ability. If (Also see Article "Apprenticeship Program, Ratio"). Third Apprentices will be laid off the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy affected skilled trade in the order of most their date of entry seniority first; within such skilled trade. (2) Laid off bargaining unit members not Also see Article "ApprenticeshipProgram, Ratio"). Recalls of journeymen, apprentices, or probationaryjourneymen within a trade shall be made in the classification of the vacancy in the reverse order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are layoff within such trade affected. A laid-off bargaining unit members who are qualified seniority journeyman or apprentice may, if he so elects, file an application with the Human Resources Department for employment in the production group. Upon receipt of such application,the employee will be given preference over a vacant new hire, or newly-created bargaining unit positionfailing that, shall displace a probationary employee. Such employee will then have date of entry seniority in the production group with the understanding that to protect his trade seniority, he must return to his skilled trade when recalled. Failure to accept such recall means he shall forfeit his skilled trade seniority and will retain his date of entry seniority in the production group. Notwithstanding the above, ajourneyman or apprentice may serving a layoff of six (6) months in any nine (9) month period his trade, elect within a period of (30) calendar days thereafter to on layoff subject to recall to his skilled trade or exercise his total seniority, if sufficient, to displace the most junior employee in a production group in accordance with the Layoff and Recall Provisions of the Collective Agreement, and he shall forfeit his former trades seniority. However, such employee will have priority transfer rights to his former trade over other applicants provided he has the necessary ability and qualifications.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. (a) In the case of layoffs due to a reduction in the workforce expected to last in excess of thirteen (13) weeks, notification will be given according to the Employment Standards Act. (b) For layoffs of less than thirteen (13) weeks the Union and those employees affected will receive five (5) working days' notice. (c) In the event of layoff, the Employer shall layoff employees within their classification from the part-time or full-time seniority list. (d) For the purposes of layoff, full-time and part-time seniority lists are deemed to be separate except as may be amended below. (a) An employee who is subject to layoff shall have the right to either: i) Accept the layoff; or opt to retire if eligible under the terms of OMERS; or ii) Displace an employee who has lesser bargaining unit seniority, and is of the same status (full-time or part-time) in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff is qualified for and can perform the duties of the identical or lower paying classification without training other than orientation. Such employee so displaced shall be laid off and may bump an employee who is of the same status (full-time or part-time), and who is a less senior employee in a lower or identical paying classification in the bargaining unit, if the employee originally subject to layoff is qualified for and can perform the duties of the lower or identical paying classification without training other than orientation. Such employee so displaced shall be laid off. iii) Where there are no employees with less seniority in lower or identical paying classifications, a laid off employee will have the right to displace an employee with less seniority in another higher paying classification provided she is qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off and subject to the language in (c) ii) paragraph 2. iv) Where a full-time employee cannot bump another full-time employee in accordance with the above, she can displace a part-time employee in an equal or lower paying classification who is less senior provided she is qualified for and can perform the duties of the classification without training other than orientation. Such part-time employee so displaced shall be laid off and shall be entitled to the rights as set out in (ii) above. A part time employee who cannot bump another part-time employee shall likewise have the right to displace a less senior full time employee provided she is qualified for and can perform the duties of the classification without training other than orientation. Such full-time employee so displaced shall be laid off and shall be entitled to the rights set out in (ii) above. v) The decision of the employee to choose (i), (ii), (iii) of the above shall be given in writing to Human Resources within seven (7) calendar days following the notification of layoff. Employee failing to do so will be deemed to have accepted the layoff. Any other employee subsequently bumped must exercise their bumping rights within three (3) days of their being bumped. 12.03 Orientation is defined as an opportunity for the Employer to advise the bumping employee of any particular requirements, procedures or aspects of the job and for the bumping employee to become familiar with the job processes and requirements. It is not a training period. (a) An employee shall be recalled from a layoff to an available opening, in order of seniority, provided she has the qualifications and ability to perform the work without training other than orientation. For clarity, in all matters of posting (permanent or temporary positions) the position(s) will be posted first. Applicants currently working, as well as those on layoff, will be considered in accordance with the job posting procedure, Article 11. A laid off employee shall retain the rights of recall for a period of twelve (12) months from the date of layoff. (b) In determining the ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. 12.05 In the event that a bargaining unit member's position is eliminated or reducedlayoff commenced on the day immediately following a paid holiday, or an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced. 12.06 Should a vacancy become available during the recall period, the Employer shall post the vacancy in order for members of the bargaining unit member is bumped, said bargaining unit member shall to apply for the vacancy. The subsequent vacancy will then be offered to members on layoff providing they have the right ability and qualifications as required to bump perform the bargaining unit member work. No new employees shall be hired until all those laid off have been recalled to work and have failed to do so, in accordance with the least loss of seniority among those bargaining unit members with equal provision, or more scheduled have been found unable to perform the work hours in the classification; provided that said bargaining unit member is qualified for the positionavailable. b. Only if no position 12.07 It is available the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by courier, addressed to the last address on record with equal or more scheduled the Employer (which notification shall be deemed to have been received on the second date of mailing) and return to work hours in within ten (10) working days after being notified. The notification shall state the classification for job to which the employee is qualified eligible to be recalled and the date and time at which the employee shall report for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the positionwork. The bargaining unit member employee is solely responsible for his proper address being on record with the Employer. 12.08 When a laid off employee bids for and is successful in obtaining a posted permanent position, she shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicablefurther recall rights. c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first; (2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall Procedure. a. A. In the event that of a bargaining reduction in the work force, the Board shall reduce staff by seniority from the date of original appointment for unit member's position is eliminated or reducedmembers within the six work areas: Maintenance; Transportation; Clerical; Cafeteria; Teacher Aides, or Teaching Assistants and Monitors; and Nurses and Social Worker Associates. For the bargaining unit member is bumpedpurpose of this section, said bargaining unit member seniority shall have be construed to mean the right to bump length of continuous service with the bargaining unit member District. Authorized leaves of absences shall not be considered as an interruption in continuous service unless such absence exceeds one year. If position(s) are abolished, GSSA should be advised, in a meeting with administration, how the abolition might affect other employees. B. If positions are abolished, the employee with the least seniority among those bargaining unit members with equal or more scheduled within the work hours in the classification; provided that said bargaining unit member is qualified for the position. b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall area will be laid off. If The employee may, however, choose to return to any lower level job title which he/she may have previously held within the District subject to the following: 1. There exists a vacancy at such lower job title, or; 2. The employee holding such lower level position has less seniority within the district than the employee exercises her right to bump under this articlebeing laid off. 3. When provision 2 is followed, the Board employee within the lower level title with the least seniority within the work area will be laid off unless he/she can return to any lower level job title subject to provisions 1. and 2. above. C. For employees who are veterans as defined by New York State Law, the following additional credit shall be applied to their date of original employment for layoff purposes: 1. Disabled Veterans – 60 months 2. Non-disabled Veterans – 30 months D. Notwithstanding the provisions of this section, however, upon the abolition or reduction of permanent positions, incumbents holding the same titles who have not completed their probationary service or are on a provisional basis, shall be terminated before any permanent employee. E. In the event of a layoff, a recall roster shall be maintained on which any displaced employee’s name shall remain for four (4) years. Such preferred list shall be ranked on the list in order of seniority. Should a position become open at the same or lower level of a laid-off employee, the board shall notify the bargaining unit member most senior individual on the recall roster within two the work area by certified mail, return receipt requested, sent to the address last given the Board by the employee. Failure to respond within ten (210) workdays to verify days of notice of receipt shall be considered as a lack of interest in the effective starting date for position and the positionindividual will be removed from the recall list. 23 F. If an employee is on an authorized leave of absence, and follow up said notification he/she will notify the Business Administrator in writing as soon as practicable. c. When a vacancy occurs, bargaining unit members in not less than thirty (30) days prior to the classification who are on layoff shall be recalled in the following order: (1) Laid off bargaining unit members in the classification expiration of the vacancy in the order said leave of most seniority first; (2) Laid off bargaining unit members his/her intent to return or not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job; (3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit return to his/her former position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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