Common use of LAYOFF, BUMPING AND RECALL Clause in Contracts

LAYOFF, BUMPING AND RECALL. (a) In all cases of layoff or recall, bargaining unit wide seniority shall be the governing factor provided the Employees retained or recalled can perform the work required in a satisfactory manner. Any Employee who would be laid off under these circumstances shall have the following three options: (i) accept the layoff and be placed on the recall list (ii) within thirty (30) calendar days of receipt of their notice of layoff, an Employee may exercise their rights to replace another Employee (“bump”) with lesser seniority that occupies any classification equivalent to, or lesser than the classification they then occupy provided they are qualified to do the work required. At the layoff meeting, the Employee will be provided with a seniority list identifying positions they are eligible to bump into. It is understood that these bumping rights apply to positions identified by the Employee during their notice period. (iii) As an alternative to bumping, an Employee may choose to accept placement in a vacant position of equal or lower classification prior to the vacant position being posted for the consideration of other Employees. Notice of vacancies will be provided as per 13.7 (e). (b) In the event of a lay-off, members of the Executive Board, Grievance Committee Representatives and Location Stewards shall be the last to be laid off, regardless of where they may be employed. The union shall keep the Employer informed of the names of the members of the Board, Grievance Committee Representatives and Location Stewards and in the event of any dispute, the latest list of names as received by the Employer shall govern. (c) No new Employee will be hired until those laid off (who have sufficient ability to perform the work required) have been given the opportunity of rehire. (d) At no time shall an Employee receive less than thirty (30) calendar days’ notice of lay off. The Employer agrees to provide as much additional notice as possible to any Employee who may be subject to potential layoff because their position has been declared redundant so that the Employee may exercise his/her bumping rights. In no event will the placement of that employee be made effective prior to the date of lay off. (e) The Employer will notify all laid off post-probationary Employees of any position vacancies. The Employee will have no less than four

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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LAYOFF, BUMPING AND RECALL. (a) In all cases the event of layoff or recalla layoff, bargaining unit wide seniority shall be and where no employee volunteers pursuant to Clause 13.3 (Pre-Layoff Canvas) above, the governing factor provided the Employees retained or recalled can perform the work required in a satisfactory manner. Any Employee who would following will apply: (1) employees will be laid off under these circumstances shall have by job classification in reverse order of seniority within a department; (2) Employees who are laid off or bumped will choose one of the following three options: (i) accept placement into a vacant position, provided the employee is qualified to do the job; or (ii) bump the least senior employee with the equivalent number of hours per week or within 6% fewer hours per week, provided the employee is qualified to do the job of the less senior employee and provided the bumping does not result in a promotion; or (iii) elect to receive working notice as outlined in Clause 13.6 - Notice or Pay in Lieu of Notice below. Bumping rights must be exercised within seven calendar days of notification of layoff and by providing written notice to the person in charge. (3) At the employee's request, an employee designated for layoff will be placed on the recall casual call-in list (ii) within thirty (30) calendar days , in accordance with their seniority, and will retain the right of receipt of their notice of layoff, an Employee may exercise their rights to replace another Employee (“bump”) with lesser seniority that occupies any classification equivalent to, or lesser than the classification they then occupy provided they are qualified to do the work required. At the layoff meeting, the Employee will be provided with a seniority list identifying positions they are eligible to bump into. It is understood that these bumping rights apply to positions identified by the Employee during their notice period. (iii) As an alternative to bumping, an Employee may choose to accept placement in a vacant position of equal or lower classification prior to the vacant position being posted for the consideration of other Employees. Notice of vacancies will be provided as per 13.7 (e)recall. (b) In Employees on layoff will be recalled by classification in order of seniority, on the event basis of a lay-offlast off first on, members of subject to ability to do the Executive Board, Grievance Committee Representatives and Location Stewards shall be the last to be laid off, regardless of where they may be employed. The union shall keep the Employer informed of the names of the members of the Board, Grievance Committee Representatives and Location Stewards and in the event of any dispute, the latest list of names as received by the Employer shall governwork available. (c) No new Employee Laid-off regular employees will be hired until those laid off (who have sufficient ability retain their seniority and perquisites accumulated up to perform the work required) have been given the opportunity time of rehirelayoff, for a period of one year. (d) At no time shall New employees will not be hired into regular positions until those laid off in that classification have been given an Employee receive less than thirty (30) calendar days’ notice opportunity of lay off. The Employer agrees to provide as much additional notice as possible to any Employee who may be subject to potential layoff because their position has been declared redundant so that the Employee may exercise his/her bumping rights. In no event will the placement of that employee be made effective prior to the date of lay offrecall. (e) The Employer will notify all send notice of recall by registered mail to the employee at their last known address. An employee who is recalled to work after xxxxxx must return to work within seven days of receipt of the notice of recall. If the employee must serve notice at their current job, they will have 14 days to return to work. (f) An employee who has been laid off post-probationary Employees and wishes to be recalled must ensure that the Employer has a current telephone number and address for purposes of any position vacanciesrecall. The Employee will have no less than fourEmployer's only obligation on recall is to contact the employee at the last known address. Therefore, failure to provide correct, current information could jeopardize the employee's right to recall.

Appears in 1 contract

Samples: Collective Agreement

LAYOFF, BUMPING AND RECALL. (a) The word “layoff” means a reduction in the work force due to a decrease of work, funds or scheduling that results in a need for fewer employees as determined by the Board. When the size of the work force is to be reduced through a layoff of employees, the following procedure will apply. Employees who begin work on the same date will be considered to have the same date of hire. In all cases case of layoff, persons having the same date of hire will be selected for layoff by the Board based on their job performance, absenteeism and desire to continue working. If two or more employees with the same date of hire are considered to be equal by the Board based on the criteria above, the employees will be laid off based on the last four digits of their social security numbers. The person with the lowest number will be laid off first. A. All substitute and probationary employees will be laid off first. B. In the event a double run is canceled, the driver of said run may have the option of taking the layoff or recallmay bump the least senior double run driver. C. In the event the driver opts to bump the least senior double run driver, bargaining unit wide that driver may bump the least senior single run driver, provided he/she has more seniority than the least senior single run driver. D. In the event a special education run is canceled, the driver of said run may have the option of taking the layoff or may bump the least senior special education run driver or the least senior double run driver, if he/she holds the requisite seniority. E. In the event a single run is canceled, the driver of said run may have the option of taking the layoff or may bump the least senior single run driver. F. In the event the Board creates more than one (1) bus aide position and later cancels any additional positions, the last aide hired shall be the governing factor provided the first aide laid off. Article V (Cont’d) G. Employees retained or recalled can perform the work required in a satisfactory manner. Any Employee who would be are laid off under these circumstances as provided above shall have recall rights in the following three options: (i) accept the layoff and be placed on the recall list (ii) within thirty (30) calendar days of receipt inverse order of their notice layoff as vacancies occur or positions are reinstated. Employees having exercised bumping privileges as provided above shall similarly be eligible for recall to their former run. H. Notice of layoff, an Employee may exercise their rights to replace another Employee (“bump”) with lesser seniority that occupies any classification equivalent toRecall shall be sent by registered or certified mail, or lesser than the classification they then occupy provided they are qualified to do the work required. At the layoff meetingtelegram, the Employee will be provided with a seniority list identifying positions they are eligible to bump into. It is understood that these bumping rights apply to positions identified by the Employee during their notice period. (iii) As an alternative to bumping, an Employee may choose to accept placement in a vacant position of equal or lower classification prior to the vacant position being posted for employee’s last known address, according to the consideration of other Employees. Notice of vacancies will be provided as per 13.7 (e). (b) In the event of a lay-off, members of the Executive Board, Grievance Committee Representatives and Location Stewards shall be the last to be laid off, regardless of where they may be employed. The union shall keep the Employer informed of the names of the members records of the Board, Grievance Committee Representatives and Location Stewards shall allow a minimum of seven (7) calendar days between the date of mailing and in date scheduled for the event of any disputeemployee’s return to work. A recalled employee who does not report for work on the designated return date, or who has indicated that he no longer desires to be employed by the Board, shall lose all further recall rights. I. If the employer reduces the work force at its own volition, the latest list employer will provide two weeks notice before the employee(s) is laid off. If the laid off employee has the requisite seniority, the employee shall be given 72 hours from the time of names as received by notice to elect to accept the Employer shall govern. (c) No new Employee layoff or bump a less senior driver. In cases where the layoff is not the decision of the employer, but a result of decisions made outside of the district, the laid off employee will be hired until those given 72 hours notice before being laid off (who have sufficient ability to perform the work required) have been given the opportunity of rehire. (d) At no time shall an Employee receive less than thirty (30) calendar days’ notice of lay off. The Employer agrees employee, so affected, will have 48 hours to provide decide to take the layoff or bump the least senior driver as much additional notice as possible to any Employee who may be subject to potential layoff because their position has been declared redundant so that the Employee may exercise his/her bumping rights. In no event will the placement of that employee be made effective prior to the date of lay offprovided in this agreement. (e) The Employer will notify all J. For the duration of a layoff, drivers and/or aides shall be eligible to be on the substitute driver/aide list. Should a laid off post-probationary Employees driver consistently accept a substitute assignment; the driver shall remain on the trip bid list for the duration of any position vacancies. The Employee will have no less than fourlayoff.

Appears in 1 contract

Samples: Master Agreement

LAYOFF, BUMPING AND RECALL. (a) In all cases of layoff or recall, bargaining unit wide seniority shall be the governing factor provided the Employees retained or recalled can perform the work required in a satisfactory manner. Any Employee who would be laid off under these circumstances shall have the following three options: (i) accept the layoff and be placed on the recall list (ii) within thirty (30) calendar days of receipt of their notice of layoff, an Employee may exercise their rights to replace another their choice of the least senior full time, part time, or temporary Employee (“bump”) with lesser seniority that occupies any classification equivalent to, or lesser than the classification they then occupy provided they are more senior than the Employee they are bumping and are deemed qualified by the Employer to do the work required, subject to departmental testing. The Employer will not utilize interviews as an assessment during the Layoff /Bumping process. The Employer may utilize introductory meet and greets with Divisional Management for the purposes of setting expectations of the role and answering any questions. At the layoff meeting, the Employee will be provided with a seniority list identifying positions they are eligible to bump into. It is understood that these bumping rights apply to positions identified by the Employee during their notice period. (iii) As an alternative to bumping, an Employee may choose to accept placement in a vacant position of equal or lower classification prior to the vacant position being posted for the consideration of other Employees. Notice of vacancies will be provided as per 13.7 (e). (b) In the event of a lay-offlayoff, members of the Executive Board, Grievance Committee Representatives and Location Stewards shall be the last to be laid off, regardless of where they may be employed. The union shall keep the Employer informed of the names of the members of the Board, Grievance Committee Representatives and Location Stewards and in the event of any dispute, the latest list of names as received by the Employer shall govern. (c) No new Employee will be hired until those laid off (who have sufficient ability to perform the work required) have been given the opportunity of rehire. (di) At no time shall an Employee receive less than thirty (30) calendar days’ notice of lay off. The Employer agrees to provide as much additional notice as possible to any Employee who may be subject to potential layoff because their position has been declared redundant so that the Employee may exercise his/her their bumping rights. In no event will the placement of that employee Employee be made effective prior to the date of lay off. (eii) The In the event of a layoff of ten (10) or more Employees from the same division, the Employer and the Union will notify all laid off postmeet to determine an appropriate layoff notice period of forty-probationary Employees of any position vacancies. The Employee will have no less than fourfive

Appears in 1 contract

Samples: Collective Agreement

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LAYOFF, BUMPING AND RECALL. (a) In all cases Unless agreed to otherwise by GAFAE, reductions of layoff or recall, bargaining unit wide seniority shall staff will be the governing factor provided the Employees retained or recalled can perform the work required done by Position in a satisfactory manner. Any Employee who would be laid off under these circumstances shall have the following three options: (i) accept the layoff and be placed on the recall list (ii) within thirty (30) calendar days reverse order of receipt of their notice of layoff, an Employee may exercise their rights to replace another Employee (“bump”) with lesser seniority that occupies any classification equivalent toMaintenance Bargaining Unit, or lesser than the classification they then occupy provided they are qualified to do the work required. At the layoff meeting, the Employee will be provided with a seniority list identifying positions they are eligible to bump into. It is understood that these bumping rights apply to positions identified by the Employee during their notice periodMaintenance Supervisors Bargaining Unit seniority. (iii) As an alternative to bumping, an Employee may choose to accept placement in a vacant position of equal or lower classification prior to the vacant position being posted for the consideration of other Employees. Notice of vacancies will be provided as per 13.7 (e). (b) In the event of Where a lay-off, members of the Executive Board, Grievance Committee Representatives and Location Stewards shall be the last GAFAE Member is to be laid off, regardless of where they may be employedthe Company shall terminate all Temporary, Casual, and Contract Workers filling an equal or lower classified Position in the same Section than that which the Member is holding, prior to laying off the Member. The union This would not include specialized work requirements needing equipment and capabilities not found within the GAFAE collective. E.g. fuel tank repairs, internal engine repairs, etc. c) Voluntary Lay-off (i) Prior to lay-off notices within a Position, the Company shall keep offer a severance package to those Members in the Employer informed same Position who wish to take a voluntary lay-off; (ii) Members will have three (3) Days from date of the names offer to indicate their interest in taking a voluntary lay-off; (iii) In order to qualify for the voluntary lay-off, Members must have acquired sixty- five (65) points. Points are a combination of age and First Air seniority with one point for each year of age and one point for each year of First Air seniority; (iv) Unless agreed otherwise by the Company and the Association, the voluntary lay-off will only be available to one Member in each Position being reduced, per occurrence; (v) Where more than one Member has indicated that he would like to take the voluntary lay-off, GAFAE seniority will determine which of the members of the Board, Grievance Committee Representatives and Location Stewards and in the event of any dispute, the latest list of names as received by the Employer shall govern.Members will be laid-off; (cvi) No new Employee will The Member accepting the voluntary lay-off would be hired until those laid considered permanently laid-off (who and would not have sufficient ability to perform the work required) have been given the opportunity of rehire.recall rights; (dvii) At no time The severance payment issued to a Member who takes a voluntary lay-off shall an Employee receive less than thirty be one (301) calendar daysweek’s pay for each complete twelve (12) months of service up to a maximum of twenty-six (26) weeksnotice of lay off. The Employer agrees pay; (viii) A Member who accept the voluntary lay-off shall continue to provide as much additional notice as possible to any Employee who may be subject to potential layoff because their position has been declared redundant so that the Employee may exercise his/her bumping rights. In no event will the placement of that employee be made effective prior to have benefit coverage for one hundred and twenty days (120) days following the date of lay off.lay- off as long as he pays his portion of the benefits; (eix) The Employer will notify all laid option to take a voluntary lay-off postonly applies to those people in the Position where the initial lay-probationary Employees off occurs and not to any of any position vacanciesthe Positions where the subsequent bumping may occur; and d) GAFAE may bring forward names of other Members who would be willing to accept a lay-off out of seniority. The Employee will have no less than fourIt is the understood that the payment of severance for these Members laid-off out of seniority may or may not be at the same rates specified in 30.01

Appears in 1 contract

Samples: Collective Agreement

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