Layoff and Recall Procedure. 36.01 Prior to reducing the work force, the Employer shall notify an Employee to be laid off twenty-one (21) calendar days in advance of the layoff. During those twenty- one (21) calendar days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee with work during this twenty-one (21) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the basic rate in lieu of notice. Neither the twenty-one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining units. 36.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentions. 36.03 For the purpose of this Article, "paygrade" shall mean classifications with the same maximum rate of pay. 36.04 Employees with less than one (1) year of seniority are not eligible to displace and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitions. 36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassed, and the next senior employee's position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case basis.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall Procedure. 36.01 Prior to reducing the work force, the Employer shall notify an Employee to be laid off twenty-one (21) calendar days in advance of the layoff. During those twenty- twenty-one (21) calendar days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee with work during this twenty-one (21) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the basic rate Basic Rate of Pay in lieu of notice. Neither the twenty-twenty- one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining units.
36.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's ’s intentions.
36.03 For the purpose of this Article, "“paygrade" ” shall mean classifications with the same maximum rate of pay.
36.04 Employees with less than one (1) year of seniority are not eligible to displace and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitions.
36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassed, and the next senior employee's ’s position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case basis.
36.06 Affected employees whose FTE is being altered or eliminated will be given an option to remain in their modified position, provided there is no change in status from Part-time to Full-time or Part-time non-benefit eligible to Part-time benefit eligible status. They will not be placed on recall, nor will they be given priority for additional shifts. Employees who are eligible for this option will be given three (3) calendar days to advise the Employer in writing as to their decision. Employees who do not choose this option will enter into the following layoff process.
36.07 Regular Full-time Employees who are given position elimination or displacement notice will exercise one of the following options within five (5) calendar days:
(a) (i) select a vacancy for which the Employee has the qualifications to perform the duties of the position in an equal or lower paygrade;
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall Procedure. 36.01 Prior to reducing Section 15.1. In the work forceevent of a layoff, the Employer shall notify an Employee will give the employees and Union a minimum advance notice of at least (14) working days. Laid off employees may request placement with the Employer's on-call list. However, unreasonable failure to accept assignments in the Employer's determination will cause the employee to be deleted from the on-call list.
Section 15.2. Laid off employees shall remain on the recall list for a period of six (6) months. Employees shall be recalled in the inverse order in which they were laid off twenty-one (21) calendar days in advance of the layoff. During those twenty- one (21) calendar days off, or as otherwise determined by the Employer may, if such is necessary, assign in accordance with Article 11 of this Agreement. Notification of recall shall be sent by certified mail to the Employee employee's last known address. Employees have an affirmative duty to other duties. Notwithstanding the foregoing, if keep the Employer is unable informed of their correct mailing address. Employees must respond timely to provide the Employee Employer's offer. Failure to accept assignment or to respond within three (3) working days from the employee's receipt of recall notice will tem1inate the employee relationship with work during this twenty-one (21) day period, the Employer.
Section 15.3. The Employer will make every effort to notify the Union of layoffs when they shall, for become necessary. The parties agree the last minimum notice period will be fourteen (14) day period onlyworking days.
Section 15.4. In the event of a reduction in force, pay the Employee at classification(s) to be reduced will be identified. By applicable classification, temporary employees shall be laid off first, then probationary employees, and then part-time employees. If a further reduction is required, the basic rate least senior employee(s) in the classification to be reduced shall be laid off. However, a more senior employee in the classification may be laid off in lieu of notice. Neither the twenty-less senior employee if that more senior employee has one or more written reprimands in his or her personnel file issued during the most recent twelve (2112) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining units.
36.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentions.
36.03 For the purpose of this Article, "paygrade" shall mean classifications with the same maximum rate of pay.
36.04 Employees with less than one (1) year of seniority are not eligible to displace and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitions.
36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassedmonth period, and the next less senior employee's position will employee to be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case basisheld from layoff out of seniority order has no such written reprimands.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall Procedure. 36.01 Prior No employee will have any right to reducing claim the work forcejob of a less senior employee unless he/she can meet the requirements for that position and can perform that job satisfactorily. Where the layoff is intended to be five working days or less, the Employer shall notify an Employee to be laid off twenty-one (21) calendar days in advance employee shall have no right to claim the job of the layoffa less senior employee during such five days. During those twenty- one (21) calendar days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee with work during this twenty-one (21) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the basic rate in lieu of notice. Neither the twenty-one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining units.
36.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentions.
36.03 For the purpose of this Article, "paygrade" ten-month and part-time employees are not considered to have been laid off during any scheduled school vacation periods unless they are normally scheduled to work during that period and are directed not to do so. In the event that the Board determines that a twelve-month or a ten month position is to be reduced or eliminated, the Board shall mean classifications identify the position affected and the employee holding that position shall be allowed to: bump the least senior twelve-month employee among those positions as limited by E. 1 above; or bump the least senior 10 month employee among those positions as limited by E. 1 above; or bump the least senior part-time employee among those positions as limited by E.1 above; or apply and be granted a vacant position; or accept the layoff or reduction. In the event that the Board determines that a part-time position is to be reduced or eliminated, the Board shall identify the position affected and the employee holding that position shall be allowed to: bump the least senior part-time employee among those positions as limited by E, 1 above; or apply and be granted a vacant position; or accept the layoff or reduction. A twelve-month or a ten-month employee that is bumped shall also have the right to the options in 4, above. A part-time employee that is bumped shall also have the right to the options in 5 above. When a vacancy occurs, employees who are on layoff with the same maximum most seniority shall be recalled first, provided that the vacancy isn’t filled by another employee that has applied for the vacancy and provided that the employee can meet the requirements for the job and can perform that job satisfactorily. Notice of a recall shall be sent to the employee at the last known address by registered or certified mail. Notice shall be 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 who were laid off as twelve-month or ten- month employees shall not be required to accept recall to a part-time position and such refusal shall not affect their recall rights. A laid-off bargaining unit member shall be granted priority status on the substitute list according to his/her seniority. If a laid-off employee accepts such an assignment, he/she shall receive his/her pre-layoff regular rate of pay.
36.04 Employees with less than pay but not be entitled to any other benefits unless the assignment exceeds thirty (30) consecutive work days in which case the bargaining unit member shall be eligible for single subscriber MESSA Revised Super Care I health insurance protection and to earn paid leave days at the rate of one (1) year day for each calendar month worked during the remainder of seniority are time on the assignment. The return of a laid-off employee to work on a substitute basis shall not eligible to displace and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitions.
36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassed, and the next senior employee's position will be considered as a recall from layoff and does not constitute a break in the position eligible layoff for displacementpurposes of Section B.4. These situations will be closely reviewed on a case by case basisof this Article.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall Procedure. 36.01 Prior
(a) Employees shall be laid off by job category in reverse order of seniority within the bargaining unit.
(b) In the event of a layoff, a laid off employee may bump a less senior employee, provided the employee is qualified to reducing do the job of the less senior employee. There shall be no bumping up. A decision to bump a less senior employee must be made in writing with seven (7) calendar days of receiving the notice of layoff.
(c) A laid off regular employee may opt to be placed on the casual seniority list in order of seniority, for available casual work forceassignments in any job classification that the employee is qualified to perform. A regular employee would not lose their regular status in this event. Assignment to the casual list does not prevent recall to a regular position if it becomes available.
(d) Employees on layoff shall be recalled in order of seniority subject to being available, willing, and qualified of performing the work.
(e) In the event of a permanent layoff, after three (3) continuous months of employment, the Employer shall notify an Employee to be laid off twenty-one (21) calendar days in advance of the layoff. During those twenty- one (21) calendar days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to must provide the Employee with work during this twenty-one (21) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the basic rate in lieu of notice. Neither the twenty-one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining units.
36.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentions.
36.03 For the purpose of this Article, "paygrade" shall mean classifications with the same maximum rate of pay.
36.04 Employees with less than one (1) year weeks' notice of seniority layoff or wages in lieu, after twelve (12) months of continuous employment, two (2) weeks' notice or wages in lieu and after thirty-six (36) months of continuous employment, four (4) weeks' notice or wages in lieu, and after sixty (60) months of continuous employment, eight (8) weeks' notice or wages in lieu.
(f) It is the responsibility of all laid off employees to keep the Employer advised at all times of where and how they can be contacted for recall purposes.
(g) Employees recalled to work shall receive the current rate for the classification to which they are not eligible recalled.
(h) Where the Employer intends to displace and are subject reduce regular part-time hours, the matter will be discussed with the Labour-Management Committee prior to layoffthe implementation of the reduction. Such Employees will reductions shall be transferred to casual status and be eligible to apply on open competitionsdone in reverse order of seniority, consistent with the requirements of Article 13.
36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassed, and the next senior employee's position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case basis.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall Procedure. 36.01 37.01 Prior to reducing the work forceworkforce, the Employer shall notify an the Employee to be laid off twenty-one (21) calendar days in advance of the layoff. During those twenty- one (21) calendar days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee with work during this twenty-one (21) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the basic rate Basic Rate of Pay in lieu of notice. Neither the twenty-one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining units.
36.02 37.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentions.
36.03 37.03 For the purpose of this Article, "paygrade" shall mean classifications with the same maximum rate of pay.
36.04 37.04 Employees with less than one (1) year of seniority are not eligible to displace and are subject to layoff. Such Employees will be transferred to casual Casual status and be eligible to apply on open competitions.
36.05 37.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will may be bypassed, and the next senior employee's Employee’s position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case-by-case basis.
37.06 Affected Employees whose Full-time Equivalent (FTE) are being altered or eliminated will be given an option to remain in their modified position, provided there is no change in status from Part-time to Full-time or Part-time non-benefit eligible to Part-time benefit eligible status. They will not be placed on recall, nor will they be given priority for additional shifts. Employees who are eligible for this option will be given three (3) calendar days to advise the Employer in writing as to their decision. Employees who do not choose this option will enter into the following layoff process.
37.07 Regular Full-time Employees who are given position elimination or displacement notice will exercise one of the following options within seven (7) calendar days:
(i) Select a vacancy for which the Employee has the qualifications to perform the duties of the position in an equal or lower paygrade;
(ii) displace the least senior Full-time Employee in the same classification for which the Employee has the required qualifications to perform the duties of the position;
(iii) displace the least senior Full-time Employee in an equal or lower paygrade for which the Employee has the required qualifications to perform the duties of the position.
(iv) displace the least senior Part-time Employee with benefit eligibility in the same classification or in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position;
(v) displace the least senior Part-time Employee without benefit eligibility in the same classification or in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position;
(vi) waive the right to displace and accept layoff and placement on the Recall list. The Employee will be transferred to “Casual Recall” and will be given priority for casual shifts up to their previous FTE in their classification for which the Employee has the required qualifications to perform the duties of the position.
(vii) select a temporary vacancy in their own classification currently occupied by a Casual or true Temporary Employee for which they can perform the work satisfactorily, provided they also choose one of the options cited above.
(b) Where more than one (1) Full-time position is eliminated within a classification, the number of Full-time Employees to be displaced shall be identified. The provisions of Article 37.07(a) shall then be exercised in order of seniority.
(c) The removed Employee is only eligible to displace into a position that will not be deleted within sixty (60) calendar days.
37.08 (a) Regular Part-time Employees with benefit eligibility (i.e. .3875 FTE or greater) who are given position elimination or displacement notice will exercise one of the following options within seven (7) calendar days:
(i) select a vacancy of less than 1.0 FTE in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position in an equal or lower paygrade;
(ii) displace the least senior Regular Full-time Employee, with benefit eligibility, in the same classification for which the Employee has the required qualifications to perform the duties of the position;
(iii) displace the least senior Regular Part-time Employee, with benefit eligibility, in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position;
(iv) displace the least senior Regular Part-time Employee without benefit eligibility in the same classification or in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position;
(v) waive the right to displace and accept layoff and placement on the Recall list. The Employee will be transferred to “Casual Recall” and will be given priority for casual shifts up to their previous FTE in their classification;
(vi) select a Temporary Part-time vacancy in their own classification currently occupied by ta Casual or True Temporary Employee for which they can perform the work satisfactorily, provided they also choose one of the options cited above.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall Procedure. 36.01 37.01 Prior to reducing the work forceworkforce, the Employer shall notify an the Employee to be laid off twenty-one (21) calendar days in advance of the layoff. During those twenty- twenty-one (21) calendar days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee with work during this twenty-one (21) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the basic rate Basic Rate of Pay in lieu of notice. Neither the twenty-one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining units.
36.02 37.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentions.
36.03 37.03 For the purpose of this Article, "paygrade" shall mean classifications with the same maximum rate of pay.
36.04 37.04 Employees with less than one (1) year of seniority are not eligible to displace and are subject to layoff. Such Employees will be transferred to casual Casual status and be eligible to apply on open competitions.
36.05 37.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will may be bypassed, and the next senior employee's Employee’s position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case-by-case basis.
37.06 Affected Employees whose Full-time Equivalent (FTE) are being altered or eliminated will be given an option to remain in their modified position, provided there is no change in status from Part-time to Full-time or Part-time non-benefit eligible to Part-time benefit eligible status. They will not be placed on recall, nor will they be given priority for additional shifts. Employees who are eligible for this option will be given three (3) calendar days to advise the Employer in writing as to their decision. Employees who do not choose this option will enter into the following layoff process.
37.07 Regular Full-time Employees who are given position elimination or displacement notice will exercise one of the following options within seven (7) calendar days:
(i) Select a vacancy for which the Employee has the qualifications to perform the duties of the position in an equal or lower paygrade;
(ii) displace the least senior Full-time Employee in the same classification for which the Employee has the required qualifications to perform the duties of the position;
(iii) displace the least senior Full-time Employee in an equal or lower paygrade for which the Employee has the required qualifications to perform the duties of the position.
(iv) displace the least senior Part-time Employee with benefit eligibility in the same classification or in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position;
(v) displace the least senior Part-time Employee without benefit eligibility in the same classification or in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position;
(vi) waive the right to displace and accept layoff and placement on the Recall list. The Employee will be transferred to “Casual Recall” and will be given priority for casual shifts up to their previous FTE in their classification for which the Employee has the required qualifications to perform the duties of the position.
(vii) select a temporary vacancy in their own classification currently occupied by a Casual or Temporary Employee for which they can perform the work satisfactorily, provided they also choose one of the options cited above.
(b) Where more than one (1) Full-time position is eliminated within a classification, the number of Full-time Employees to be displaced shall be identified. The provisions of Article 37.07(a) shall then be exercised in order of seniority.
(c) The removed Employee is only eligible to displace into a position that will not be deleted within sixty (60) calendar days.
37.08 (a) Regular Part-time Employees with benefit eligibility (i.e. .3875 FTE or greater) who are given position elimination or displacement notice will exercise one of the following options within seven (7) calendar days:
(i) select a vacancy of less than 1.0 FTE in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position in an equal or lower paygrade;
(ii) displace the least senior Regular Part-time Employee, with benefit eligibility, in the same classification for which the Employee has the required qualifications to perform the duties of the position;
(iii) displace the least senior Regular Part-time Employee, with benefit eligibility, in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position;
(iv) displace the least senior Regular Part-time Employee without benefit eligibility in the same classification or in an equal or lower paygrade for which the Employee has the qualifications to perform the duties of the position;
(v) waive the right to displace and accept layoff and placement on the Recall list. The Employee will be transferred to “Casual Recall” and will be given priority for casual shifts up to their previous FTE in their classification;
(vi) select a Temporary Part-time vacancy in their own classification currently occupied by ta Casual or Temporary Employee for which they can perform the work satisfactorily, provided they also choose one of the options cited above.
(b) Where more than one (1) Regular Part-time position is eliminated within a classification, the number of Regular Part-time Employees to be displaced shall be identified. The provisions of Article 37.08(a) shall then be exercised in order of seniority.
(c) The removed Employee is only eligible to displace into a position that will not be deleted within sixty (60) calendar days.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall Procedure. 36.01 Prior to In reducing the work forcenumber or in making a permanent reduction in hours, the Employer shall notify an Employee will determine the number of positions and/or hours to be laid off twenty-one reduced within a classification by work location. If a vacancy exists in the same job classification within the same FTE appointment, an affected employee shall be reassigned to that opening and shall not be permitted to exercise any layoff rights. The Employer may implement a permanent reduction in FTE appointment up to twenty percent (2120%) calendar days without invoking any layoff rights for employees with an FTE appointment of 0.5 or greater so long as the twenty percent (20%) FTE reduction does not result in advance an FTE appointment below 0.5. Any other elimination of the layoff. During those twenty- one (21) calendar days the Employer maya position, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee any reduction in hours of a positon with work during this twenty-one (21) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the basic rate in lieu an FTE of notice. Neither the twenty-one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood1.0, or a work stoppage reduction in FTE appointment of Employees and others which may be certified twenty percent (20%) or more for employees with an FTE appointment of less than 0.5 will result in different bargaining units.
36.02 Prior to the implementation of the provisions following layoff procedures. The employee laid off has the following options:
A. The employee may accept the layoff; or
B. The employee may accept an existing Bargaining Unit opening in a different class or FTE appointment provided the employee currently meets the qualifications set forth on the job requisition. For purposes of this Article provision only (Section 1, Xxxxxx and Recall Procedure), the Employer will meet with phrase “currently meets the Union to inform qualifications set forth on the Union job requisition” means the ability of the Employer's intentions.employee who has received the notice of layoff to perform the duties of the position within a reasonable period of orientation and on the job training not to exceed forty (40) hours; or
36.03 For C. Replace the purpose of this Article, "paygrade" shall mean classifications least senior employee in his or her job classification in the designated hour levels described in Section 2. An employee with the same maximum rate of pay.
36.04 Employees with an FTE appointment less than 0.5 shall receive a notice of layoff if his or her FTE appointment reduced by twenty percent (20%) or more or if his or her position is eliminated. These employees shall retain recall rights up to a maximum of one (1) year or their date of seniority are not eligible recall, but shall have no other layoff rights. The Union shall receive prior notice of the approximate number of positions and probable classes affected by any impending layoff, at least seven (7) days prior to displace notices being issued except in emergency situations. Upon request of the Union, the Employer shall meet with representatives of the Union to discuss the pending layoffs. Both the employee identified to be initially laid off and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitions.
36.05 When there is a classification where the least senior Employee occupies employee in any of the three (3) FTE appointment categories shall be given concurrent fourteen (14) calendar days’ notice of layoff or pay in lieu thereof. Copies of layoff notices shall also be sent to the Union office. Employees shall be recalled to openings in his or her last held job classification in order of seniority. Employees shall retain recall rights up to a position maximum of one (1) year, two (2) years if extended as referenced in Article 16, Seniority, or date of recall. An employee who has had a permanent reduction in hours shall be offered the opportunity to return to their previous percentage appointment prior to additional employees being hired into the classification consistent with a particular skill set, that position will be bypassed, the recall provisions in Article 21 Xxxxxx and Xxxxxx provided scheduling permits and it does not prevent the next senior employee's position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case basisdepartment from providing needed services.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall Procedure. 36.01 Prior to In reducing the work forcenumber of employees or in making a permanent reduction in hours, the Employer shall notify an Employee will determine the number of positions and/or hours to be reduced within a classification by department and/or work location. If a vacancy exists in the same job classification within the same authorized hours level category (i.e., 80; 60 through 79; 40 through 59 authorized hours), an affected employee shall be reassigned to that opening and shall not be permitted to exercise any layoff rights. The Employer may implement a permanent reduction in hours up to twenty percent (20%) without invoking any layoff rights within the forty (40) through fifty-nine (59) and sixty (60) through seventy- nine (79) authorized hour levels so long as the hours are not reduced beneath forty (40) and sixty (60) hours respectively. Any other elimination of a position, any reduction in hours of a position with authorized hours of eighty (80) per pay period, or reduction in hours of twenty percent (20%) or more for employees authorized to work forty (40) through seventy-nine (79) hours per pay period will result in the implementation of the following layoff procedures. The employee laid off has the following options:
A. The employee may accept the layoff; or
B. So long as the position would not otherwise be filled by a different applicant under Section 2 of the Filling of Vacancies procedures set forth in Article 17, the employee may accept an existing bargaining unit opening in a different class or authorized hour level provided the employee currently meets the qualifications set forth on the job requisition. For purposes of this provision only (Section 1, Layoff and Recall Procedure), the phrase "currently meets the qualifications set forth on the job requisition" means the ability of the employee who has received the notice of layoff to perform the duties of the position within a reasonable period of orientation and on the job training not to exceed forty (40) hours; or
C. Replace the least senior employee in his or her job classification in the designated hour levels described in Section 2. An employee with authorized hours of less than forty (40) per pay period shall receive a notice of layoff if his or her authorized hours are reduced by twenty percent (20%) or more or if his or her position is eliminated. These employees shall retain recall rights up to a maximum of one (1) year or their date of recall and shall have access to all bargaining unit job postings, but shall have no other layoff rights. The one-year recall period may be extended for an employee with authorized hours of less than forty (40) per pay period consistent with Article 16, Section 2 provided the employee has not been recalled. The Union shall receive prior written notice of the approximate number of positions and probable classes affected by any impending layoff, at least twenty-one (21) calendar days prior to any layoff except in advance emergency situations. Upon request of the layoff. During those twenty- one (21) calendar days Union, the Employer may, if such is necessary, assign shall meet with representatives of the Employee Union to other dutiesdiscuss the pending layoffs. Notwithstanding Both the foregoing, if employee identified to be initially laid off and the Employer is unable to provide least senior employee in any of the Employee with work during this twenty-one three (213) day period, they shall, for the last authorized hour categories shall be given concurrent fourteen (14) day period only, calendar days' notice of layoff or pay the Employee at the basic rate in lieu of noticethereof. Neither the twenty-one (21) nor The fourteen (14) day provisions apply calendar days notice of layoff to the affected employees will be in writing. Copies of layoff notices shall also be sent to the Council 5 office. Employees shall be recalled to openings in his or her last held job classification in order of seniority. Employees shall retain recall rights up to a probationary Employee or where the layoff results from an Act maximum of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining units.
36.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentions.
36.03 For the purpose of this Article, "paygrade" shall mean classifications with the same maximum rate of pay.
36.04 Employees with less than one (1) year year, two (2) years if extended as referenced in Article 16, Seniority, or date of seniority are recall. An employee who has had a permanent reduction in hours shall be offered the opportunity to return to their previous percentage appointment prior to additional employees being hired into the classification consistent with the recall provisions in Article 21 Layoff and Recall provided scheduling permits and it does not eligible to displace and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitionsprevent the department from providing needed services.
36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassed, and the next senior employee's position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case basis.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall Procedure. 36.01 Prior to reducing 12.01 In the work forceevent of a proposed lay off of a permanent or long term nature, the Employer will provide affected employees notice according to the Employment Standards Act. Layoffs shall notify an Employee be based upon the following factors:
a. seniority,
b. skill, competency, efficiency and ability to do the job with only minimum orientation. Layoffs are defined as the elimination of a position or a reduction in hours resulting in a reduction of earnings greater than fifty percent (50%) of their bi- weekly earnings.
12.02 Employees shall be laid off twentyin reverse order of seniority within the same classification. On notification of lay-one off an employee may either:
a. accept the lay-off, or
b. displace the most junior employee with less bargaining unit seniority in a lower or identical paying classification. The employee displaced shall then be laid off. An employee who is entitled to this option shall provide written notice to her manager within three (213) calendar days of her decision to accept the lay-off or to displace a more junior employee in advance another classification. Failure to do this will indicate acceptance of the layofflay-off. During those twenty- one The Employer will determine which employee is laid off, subject to Article 11.01 above.
a. Recall to available positions shall be in reverse order of lay-off.
b. An employee who returns to work in a classification different from her classification prior to lay-off may return to her original position if it becomes vacant within six (216) calendar days months of her return to work.
c. No positions will be posted until all employees who were laid off and are still available according to the Employer may, if such is necessary, assign seniority provision have been given the Employee opportunity to other duties. Notwithstanding the foregoing, if the Employer is return to work or have refused work or have been found unable to provide perform the Employee with work during this twenty-one (21) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the basic rate in lieu of notice. Neither the twenty-one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining unitsavailable.
36.02 Prior d. An employee who has completed her probationary period and has been laid off may retain but not accumulate her seniority for a period after the lay-off not to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentionsexceed twelve (12) months.
36.03 For 12.04 If an employee wishes to file a grievance about a notice of layoff, this shall be done within three (3) days of receiving the purpose notice of this Article, "paygrade" shall mean classifications with the same maximum rate of paylayoff.
36.04 Employees with less than one (1) year of seniority are not eligible to displace and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitions.
36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassed, and the next senior employee's position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case basis.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall Procedure. 36.01 Prior to reducing the work force, the Employer shall notify an Employee to be laid off twenty-one (21) calendar days in advance of the layoff. During those twenty- twenty-one (21) calendar calendars days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee with work during this twenty-one (21) day period, they shall, for the last fourteen (14) day period only, pay the Employee at the basic rate Basic Rate of Pay in lieu of notice. Neither the twenty-twenty- one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining units.
36.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's ’s intentions.
36.03 For the purpose of this Article, "“paygrade" ” shall mean classifications with the same maximum rate of pay.
36.04 Employees with less than one (1) year of seniority are not eligible to displace and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitions.
36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassed, and the next senior employee's ’s position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case-by-case basis.
36.06 Affected employees whose FTE is being altered or eliminated will be given an option to remain in their modified position, provided there is no change in status from Part-time to Full-time or Part-time non-benefit eligible to Part-time benefit eligible status. They will not be placed on recall, nor will they be given priority for additional shifts. Employees who are eligible for this option will be given three (3) calendar days to advise the Employer in writing as to their decision. Employees who do not choose this option will enter into the following layoff process.
36.07 Regular Full-time Employees who are given position elimination or displacement notice will exercise one of the following options within five (5) calendar days:
(a) (i) select a vacancy for which the Employee has the qualifications to perform the duties of the position in an equal or lower paygrade;
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall Procedure. 36.01 Prior If in the Employer's judgment it is necessary to reducing reduce the number of employees, it shall determine the number of employees to be retained in the full-time operator classification, part-time operator classification and each of the maintenance division classifications. Within each classification newly hired probationary employees in the classification shall be terminated, provided always that the remaining employees have the then present ability to perform the available work forcein the classification. Thereafter, if it is necessary to further reduce the number of employees in a classification, employees in the affected job classifications shall be removed on the basis of their divisional seniority, starting with the least senior and progressing in inverse order, provided always that the remaining employees have the then present ability to perform the available work in the classification. Full-time employees in the Maintenance Division who are removed from a classification may exercise their divisional seniority in any other classification in their division, provided they have the then present ability to perform the available work in such classification. Full-time employees in the Operations Division shall be placed at the top of the part-time operators’ seniority list. Employees shall be recalled in reverse order of layoff, provided that they have the then present ability to perform the available work.
(a) Any full-time operator who is placed on the part-time operators’ seniority list shall automatically receive benefits until the next July 1st or December 31st that is more than six (6) months from the date the bump became effective.
(b) In the event a full-time operator is laid off from the full-time operator classification, the Employer agrees not to use part-time operators to perform the function then being performed by extra board operators. Additionally, during the period of such layoff, no part-time operators shall notify an Employee be allowed to be laid off work in excess of twenty-one five (2125) calendar days in advance of hours per week without first offering the layoff. During those twenty- one available work to any operator who has been displaced from the full-time operator classification and not assigned at least forty (2140) calendar days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee with work during this twenty-one (21) day period, they shall, hours for the last fourteen (14) day period only, pay the Employee at the basic rate in lieu of notice. Neither the twenty-one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining unitsthat week.
36.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentions.
36.03 For the purpose of this Article, "paygrade" shall mean classifications with the same maximum rate of pay.
36.04 Employees with less than one (1) year of seniority are not eligible to displace and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitions.
36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassed, and the next senior employee's position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case basis.
Appears in 1 contract
Samples: Labor Agreement
Layoff and Recall Procedure. 36.01 Prior If in the Employer's judgment it is necessary to reducing reduce the number of employees, it shall determine the number of employees to be retained in the full-time operator classification, part-time operator classification and each of the maintenance division classifications. Within each classification newly hired probationary employees in the classification shall be terminated, provided always that the remaining employees have the then present ability to perform the available work forcein the classification. Thereafter, if it is necessary to further reduce the number of employees in a classification, employees in the affected job classifications shall be removed on the basis of their divisional seniority, provided always that the remaining employees have the then present ability to perform the available work in the classification. Full-time employees in the Maintenance Division who are removed from a classification may exercise their divisional seniority in any other classification in their division, provided they have the then present ability to perform the available work in such classification. Full-time employees in the Operations Division shall be placed at the top of the part-time operators seniority list. Employees shall be recalled in reverse order of layoff, provided that they have the then present ability to perform the available work.
(a) Any full-time operator who is placed on the part-time operators seniority list shall automatically receive benefits until the next July 1st or December 31st that is more than six (6) months from the date the bump became effective.
(b) In the event a full-time operator is laid off from the full-time operator classification, the Employer agrees not to use part-time operators to perform the function then being performed by extra board operators. Additionally, during the period of such layoff, no part-time operators shall notify an Employee be allowed to be laid off work in excess of twenty-one five (2125) calendar days in advance of hours per week without first offering the layoff. During those twenty- one available work to any operator who has been displaced from the full-time operator classification and not assigned at least forty (2140) calendar days the Employer may, if such is necessary, assign the Employee to other duties. Notwithstanding the foregoing, if the Employer is unable to provide the Employee with work during this twenty-one (21) day period, they shall, hours for the last fourteen (14) day period only, pay the Employee at the basic rate in lieu of notice. Neither the twenty-one (21) nor fourteen (14) day provisions apply to a probationary Employee or where the layoff results from an Act of God, fire, flood, or a work stoppage of Employees and others which may be certified in different bargaining unitsthat week.
36.02 Prior to implementation of the provisions of this Article the Employer will meet with the Union to inform the Union of the Employer's intentions.
36.03 For the purpose of this Article, "paygrade" shall mean classifications with the same maximum rate of pay.
36.04 Employees with less than one (1) year of seniority are not eligible to displace and are subject to layoff. Such Employees will be transferred to casual status and be eligible to apply on open competitions.
36.05 When there is a classification where the least senior Employee occupies a position with a particular skill set, that position will be bypassed, and the next senior employee's position will be considered as the position eligible for displacement. These situations will be closely reviewed on a case by case basis.
Appears in 1 contract
Samples: Collective Bargaining Agreement